EU Course ICU（春学期）

「EUROPEAN UNION LAW」

Thomas J. Schoenbaum, JD, PhD

    ICU
  • 春学期
  • H-352
  • 水曜日 6限（16:30-17:40） 7限（17:50-19:00）
  • 2単位
Objectives.
This course aims to provide the student with a working knowledge of (1) the history of the European Union (EU) and European integration; (2) the functions of the international and supranational institutions of the EU and how they operate; (3) the major economic and political requirements of the EU; (4) the internal and external trade policies of the EU; and (5) how Japanese companies and individuals may relate to the EU.
 

The Textbook (referred to as “T” in the assignments) is Ralph H. Folsom, Principles of European Union Law (published in paperback by Thomson/ West, 2005). This book is available in Tokyo at Maruzen. It is important to read and to be familiar with the assigned provisions of the Treaty on European Union (TEU) and the European Community Treaty (EC Treaty or EC).

We will cover the following topics:
1. The History, Structure and Significance of the EU. (T., Chapter 1). We can distinguish the following degrees of economic and political union: (1) free trade area; (2) customs union; (3) common market; (4) economic and monetary union; (5) political union; (6) sovereign state. Which of these best describes the EU? Fiscal and monetary policy may be found in EC Arts. 98-124.
2. Purposes, sources and forms of law, and guiding principles. TEU Arts. 1-7; EC Arts. 1-22. EC Art. 249.
3. The Constitutional Basis of the EU. Pillar One: the EC; Pillar Two: Common Foreign and Security Policy (TEU Arts.11-28); and Pillar Three: Police and Judicial Cooperation in Criminal Matters (TEU Arts. 29-42 and EC Arts. 61-69). Enhanced Cooperation, TEU Arts. 43-45. The Treaty of Lisbon (2007).
4. The institutions and law-making processes of the EU. (T., Chapter 2). EC Arts. 189-267.
5. Doctrines of direct applicability, direct effect, and the supremacy of EU law.
6. The European Court System (T., Chapter 3). Read especially EC Arts. 234 (preliminary ruling); Arts. 226-229 (enforcement); Arts. 230-233 (control of acts); and Art. 288 (liability and damages).
7. Free Movement of Goods (EC Arts. 23-38; and 90-93). (Note—the Textbook covers this assignment as well as assignments 8, 9, 10, 11, and 12, free movement of goods, services, capital and people---the four freedoms—in Chapter 4).
8. Free Movement of Workers (EC Arts. 39-42).
9. Freedom of Establishment (EC Arts. 43-48).
10. Services (EC Arts. 49-55).
11. Capital and Payments (EC Arts. 56-60).
12. European Business, Social and Environmental Law (T., Chapter 5). See especially, Arts. 94-97 (Approximation of laws); EC Treaty Title XI (Social Policy); Title XIX (Environment);
13. External Relations (T., Chapter 6). EC Arts. 131-133; 300, 302-304, 310; TEU Arts. 19, 20 and 24.
14. Business Competition Law (T., Chapter 7). EC Arts. 81 and 82.

References:
Much information and documents can be found on the EU web site: http://europa.eu.int
For EU Law, check out: http://eur-lex.europa.eu

The principal reference work in English is Paul Craig and Grainne De Burca, EU Law (Oxford, 3d ed. 2003).
An up-to-date collection of cases is Stephen Weatherill, Cases and Materials on EU Law (Oxford, 7th ed. 2006).

Assessment and Grading:
There will be a final examination at the end of the course.