Бакалавриат
2023/2024
Право и институты ЕС и ЕАЭС
Лучший по критерию «Новизна полученных знаний»
Статус:
Курс по выбору (Юриспруденция: частное право)
Направление:
40.03.01. Юриспруденция
Кто читает:
Департамент международного права
Где читается:
Факультет права
Когда читается:
3-й курс, 4 модуль
Формат изучения:
без онлайн-курса
Охват аудитории:
для своего кампуса
Преподаватели:
Петренко Алексей Владимирович
Язык:
английский
Кредиты:
3
Контактные часы:
40
Course Syllabus
Abstract
The course “Law and Institutions of the EU and the EAEU” offers an in-depth exploration of the unique legal frameworks of the European Union (EU) and the Eurasian Economic Union (EAEU). It focuses on understanding the institutional and legal foundations of these unions, considering their supranational nature, the interaction of EU and EAEU law with Member States’ legal systems, and addressing contemporary challenges within these regional economic integration organizations (REIO).
Given the inherent similarities between the EU and the EAEU, this course employs a comparative analysis. This approach elucidates the functioning of each union, showcases diverse pathways for regional integration, and provides insights into potential developments in the field. The course also pays ample attention to the practical aspects of the EU and EAEU’s functioning, including the protection of the legitimate interests of individuals and entrepreneurs within their respective legal orders.
The course begins by clarifying the EU and the EAEU as regional economic integrations. This is achieved through political economy perspectives on regional integrational projects and their modalities, situated within the broader context of public international law. In the main section, the course delves into the institutional design of both unions, exploring their founding treaties, institutions, decision-making processes, and supranational characteristics. Subsequently, the course examines the legal frameworks of both unions, including their sources of law and distinctive features such as primacy and direct effect. Special attention is devoted to the common market and economic freedoms within the EU and the EAEU. Notably, the course emphasizes analyzing relevant case law from the Court of Justice of the European Union (CJEU) and the Court of the Eurasian Economic Union (CEAEU), exploring their overall relevance for the development of both unions.
During this course, students are required to write an essay on current issues related to the legal and institutional designs of the EU and the EAEU, and complete a written test consisting of open questions and a case study. At the end of the course, students must pass an oral examination.
Preparatory courses are: “Public International Law”, “Theory of State and Law”, “Constitutional Law of Russia”, “Constitutional Law of Foreign States” (optional course), “History of State and Law of Foreign States”. Participants must demonstrate a proficiency in English sufficient to understand and participate in university-level courses taught in English.
Learning Objectives
- The main purpose of the course is to develop the skills needed to navigate the institutional designs of the EU and the EAEU, apply their respective legal norms, conduct legal research individually and in teams, and solve cases under the law of the EU and the EAEU, using a comparative approach where appropriate.
Expected Learning Outcomes
- Students are expected to gain competencies and abilities to develop a professional methodology for conducting exhaustive legal research and identifying applicable law in the context of the EU and EAEU; apply a systematic legal approach, including comparative methods, to analyze legal issues within EU and EAEU law; independently analyze academic and professional publications and reports on EU and EAEU legal topics.
- Students are expected to gain competencies and abilities to consult governmental authorities and private entities on legal issues within the EU and EAEU frameworks, engaging in professional activities related to the corresponding laws; use supranational and national regulatory acts and judicial decisions to protect rights, freedoms, and legitimate interests within the EU and EAEU.
- Students are expected to gain competencies and abilities to represent individuals and entities before domestic and supranational courts, as well as administrative bodies, within the context of the EU and EAEU legal systems.
- Students are expected to gain knowledge and understanding of role and importance of regional economic integration as a way of state cooperation (also put in the context of public international law), its reasons, and modalities; understanding the historical evolution of the EU and the EAEU along with their predecessors, including the current trends.
- Students are expected to gain knowledge and understanding of institutional and legal foundations of the EU and the EAEU, including their institutions and sources, as well as the overall structural design within these unions and the perceived supranationality; interaction between EU and EAEU law, on the one hand, and the national legal frameworks of their Member States, on the other, including the implementation and direct effect of union law nationally.
- Students are expected to gain knowledge and understanding of functions and operations of key institutions in the EU and EAEU, exploring the roles of supranational bodies, such as the European Commission and the Eurasian Economic Commission; terminology specific to EU and EAEU law, enhancing legal writing skills in the context of these regional entities.
- Students are expected to gain skills and abilities to learn and use specific terminology and sources related to the law and institutions of the EU and the EAEU; to develop practical abilities in legal research and analysis of treaties, decisions, case law, and doctrines within the context of EU and EAEU law (including by applying the comparative approach where appropriate); tj utilize appropriate referencing and bibliographic methods specific to EU and EAEU legal writings.
- Students are expected to gain skills and abilities to read and analyze case law from key judicial bodies, including the CJEU and the Court of the EAEU; employ major legal databases focusing on EU and EAEU law, such as EUR-Lex, official websites of the EU and EAEU’s institutions, and other relevant platforms for current issues in the law of regional integrations.
Course Contents
- Topic 1 — Introduction to Regional Integration I
- Topic 2 — Introduction to Regional Integration II
- Topic 3 — The EU: Basics
- Topic 4 — The EU: Institutions
- Topic 5 — The EU: Law
- Topic 6 — The EAEU: Basics
- Topic 7 — The EAEU: Institutions
- Topic 8 — The EAEU: Law
Assessment Elements
- Classroom-based workStudents will be evaluated on their performance during the seminars. Each student is expected to attend all seminars and be prepared on the topic of the seminar in advance. The students must study the assigned material. The knowledge of the students can be assessed in class through written tests (close and/or open questions), as well as based on their participation in class discussions.
- HomeworkAn essay; team work; max = 10 points.
- ColloquiumTeam-work in small groups; brief presentation of an essay, followed by a critical Q&A session
- Written testThree open questions (use of additional materials is forbidden) and one case study (use of additional legal sources, notes, and the Internet is allowed). Duration: 1 h 20 min.
- ExaminationForm of the exam: oral in the form of an interview on the whole syllabus without giving time for preparation of the answer (held in small groups).
Interim Assessment
- 2023/2024 4th module0.2 * Classroom-based work + 0.1 * Colloquium + 0.4 * Examination + 0.1 * Homework + 0.2 * Written test
Bibliography
Recommended Core Bibliography
- Vinokurov, E. (2018). Introduction to the Eurasian Economic Union. Cham, Switzerland: Palgrave Macmillan. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1856439
Recommended Additional Bibliography
- Angeli, A., & Di Gregorio, A. (2017). The Eurasian Economic Union and the European Union - Moving Toward a Greater Understanding. [Place of publication not identified]: Eleven International Publishing. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=nlebk&AN=1479874