Specialisation: European law

Constitutional and institutional law of the European Union

Module A [LWM08A]

The European Union institutional outline

  • The EC/EU distinction
  • Institutions: Council, Parliament, Commission, Court (ECJ and CFI)
  • The ‘Democratic Deficit’ debate
  • Subsidiarity
  • The European Constitution and its ratification

Module B [LWM08B]

Sources of European Union law

  • Treaties
  • Secondary legislation: Regulations, Directives
  • Law-making procedures
  • Direct effect
  • Supremacy
  • Agreements with third countries

Module C [LWM08C]

Remedies and procedures in European Union law

  • Enforcement proceedings by the Commission
  • Preliminary references
  • Direct actions before the ECJ
  • Actions for failure to act
  • Member State liability for failure to comply with European Union law

Module D [LWM08D]

General principles of European Union law

  • Human rights
  • Citizenship
  • Rule of law
  • Discrimination
  • Proportionality

Sequence:
The modules can be attempted in any order.

Textbooks:
Trevor C. Hartley, The Foundations of European Community Law 7th ed (Oxford: Oxford University Press, 2010), ISBN: 9780199566754

Nigel Foster, Blackstone’s EU Treaties and legislation 2010–2011 21st ed (Oxford: Oxford University Press, 2010) ISBN 9780199582396

European internal market

Module A [LWM13A]

The scope of the ‘four freedoms’

Introduction to the four freedoms

Material scope: notion of economic activity

Wholly internal situations

Personal scope: public and private parties

Personal scope: third country nationals

Module B [LWM13B]

Free movement 1 - Equal treatment and non-discrimination

Equal treatment and non-discrimination

Distinctly applicable/directly discriminatory rules

Indistinctly applicable/indirectly discriminatory rules

Amplifying/dampening non-discrimination claims: citizenship and fiscal sovereignty issues

Treaty-based limitations and exceptions to the market freedoms

Module C [LWM13C]

Free movement 2 - Beyond discrimination

Restrictions on internal market freedoms

Mandatory requirements/overriding requirements of the general interest

Proportionality

Mandatory requirements and distinctly applicable/discriminatory measures

Procedural requirements applied to justifications and exceptions

The limits of a restrictions-based analysis

Module D [LWM13D] 

Regulation of the internal market

Creating and regulating the internal market – history and overview

Mutual recognition and co-ordination of national regulatory systems – harmonisation

Legal basis and legislative procedural issues relating to internal market legislation

Sectoral examples of harmonising legislation

Regulatory structures and actors: comitology and regulatory agencies – private and self-regulation

Sequence:
Module A, followed by Module B.

Textbooks:
Craig, P. and G. de Búrca EU law: text, cases and materials. (Oxford: Oxford University Press, 2015) sixth edition [ISBN 9780198714927]

Barnard, C. The substantive law of the EU: the four freedoms. (Oxford: Oxford University Press, 2013) fourth edition [ISBN 9780199670765]

Barnard, C and J. Scott (eds), The law of the Single European Market: unpacking the premises. (Oxford: Hart Publishing, 2002) [ISBN: 9781841133447]

European Union competition law

As noted in previous editions of the Regulations, the syllabus for this course has been updated for 2012 to reflect recent developments in the law.

Students are not expected to have prior knowledge of European Union competition law but it is desirable that they should be, or become, familiar with the general law and institutions of the European Union law.

Module A [LWM11A]

Anti-competitive agreements and collusion

Article 101 TFEU - General principles

Vertical agreements

Licensing of intellectual property rights

Cartels

Horizontal co-operation agreements

Module B [LWM11B]

Abuse of a dominant position

Article 102 TFEU - General principles

Dominance

Abuse

Module C [LWM11C]

Merger control

Regulation 139/2004 - General principles and jurisdiction

Regulation 139/2004 - Substantive analysis

Joint ventures

Module D [LWM11D]

European Union competition law practice and procedure

Regulation 1/2003

Enforcement of Articles 101 and 102 in national courts

Sequence:
Module A first.

External relations law of the European Union

As noted in previous editions of the Regulations, the syllabus for this course was updated in 2012 to reflect developments in the law.

Module A [LWM55A]

Constitutional foundations

European Union and European Community legal order

International legal personality

Express competence

Implied competence

Module B [LWM55B] 

International law and European Community law

Negotiation, conclusion and implementation of international agreements

Mixed agreements

Effects of international law in European Community legal order

Relationship between World Trade Organisation and European Community law

Module C [LWM55C]

External economic relations

Autonomous measures - Common Commercial policy

International Agreements: European Economic Area, Partnership and Cooperation agreements, Stabilisation and Association agreements, Euro-Mediterranean agreements

European neighbourhood policy

Module D [LWM55D]

External political relations

Common Foreign and Security Policy, including Common Security and Defence Policy

Relationship between European Union and Common Foreign and Security Policy (sanctions, exports of dual-use goods)

Sequence:
Module A first.

Textbooks:
Panos Koutrakos, EU International Relations Law (Oxford: Hart Publishing, 2006), ISBN: 9781841133119

Nigel Foster, Blackstone’s EU Treaties and Legislation 2010-2011 21st ed (Oxford: Oxford University Press, 2010), ISBN: 9780199582396

Russian law and legal institutions

Module A [LWM44A]

Russian legal system in context

Introduction

Russian legal system in context of comparative legal studies

Legal terminology, legal translation, and Russian Law

Russian legal heritage

Module B [LWM44B]

Foundations of Russian law

Jurisprudential foundations of Russian law

Towards a rule of law state

Sources of Russian law

Legal profession (advocates, jurisconsults)

Module C [LWM44C]

Administration of Russian legality

The Administration of Russian legality

Ministries of justice

Judicial system

Arbitration

Procuracy

Notariat

Administrative tribunals

Registry for acts of civil stats

Law enforcement agencies

Role of non-state entities in the administration of legality

Module D [LWM44D]

State structure of Russia

Concepts of Russian federalism

Presidency

Parliament

Government

The role of judges

Subjects of the Russian federation

Municipal government

Sequence:
Module A first.

Textbooks:
William E. Butler, Russian Law 2nd ed (Oxford: Oxford University Press, 2003),
ISBN: 9780199254002

William E. Butler, Russian Public Law: The Fooundations of a Rule-of-Law State – Legislation and Documents (London: Wildy, Simmonds & Hill, 2005), ISBN: 9781898029724

V.S. Neresiants, The Civilism Manifesto: The National Idea of Russia in the Historical Quest for Equality, Freedom and Justness (London: Wildy, Simmonds & Hill, 2000),
ISBN: 9781898029533

William Burnham, Peter Maggs and Gennady Danilenko, Law and Legal System of the Russian Federation 3rd ed (Huntington, NY: Juris Publishing, 2005), ISBN: 9781578231973

Western European legal history

Module A [LWM50A]

The Foundation: Roman and Canon law 500-1100

The Corpus Juris Civilis and its survival until the eleventh century

Roman law outside the Justinianic tradition: Visigothic and Frankish law

The Canon law in the West: Canon law collections before Gratian

Feudal law and Roman law in Italy

The revival of the study of Roman law

Module B [LWM50B]

Interactions of Roman and local law: twelfth-sixteenth centuries

Gratian and the formation of the learned Canon law

The consolidation of Roman law: the Glossators

The expansion of Roman law: the Commentators

Canon law scholarship, practice and influence

Roman law and political thought

Module C [LWM50C]

National laws and codification: sixteenth-nineteenth centuries

The renaissance of Roman law: humanism in Rome and France

The droit écrit and droit coutumier in France

Mos italicus and mos gallicus

The reception in Germany

The Dutch elegant school and the Natural Law movement

Module D [LWM50D]

Modern perspectives on the Ius Commune

Early Natural law codifications

Codification in France and its empire

German romanticism: Savigny vs Thibault

Pandektenrecht and Mommsen: German codification and scholarly reaction in Roman law

Survival and continuity
-Andorra, San Marino and the Channel Islands
-Scottish amalgam of feudal and Roman law
-South African blend of Common law procedure and Roman law substance

Sequence:
Module A first.