Fundamental Aspects of European Union Law
Course Coordinator: Dr. Noraida Endut
Guest lecturer: Ass. Prof. Kanich Punyashthiti (Chulalongkorn University)
This course introduces to candidates of Master in Internation and Diplomatic Studies important elements that construct and regulate the structure and relations of the European Union. This is addressed from the point of view of the law because the European Union is essential a legal-based integration. At the end of the course, students will be able to understand important aspects of the unique legal system of the European Union. This legal system emanates from the legal history and development that gives life and define the European Union. This knowledge is useful in understanding specific situations arising from relations with the EU.
The course is divided into four main parts:
EU as a distinct legal order
This part introduces EU as a legal-based integration of states. It discusses the uniqueness of the EU compared to other cooperation of states by looking at the legal history and the role of treaty law that brought about the EU. This part also introduces students to the main institutions of the EU such as the European Commission, the European Council and the European Parliament and discusses the fundamental roles of these institutions from the legal aspect.
Sources, supremacy and the legal effects of EU law
This part answers the question of “What is EU law”. It looks into the legal materials that form framework for regulating relations of EU member states. It also discusses the legislative processes of the EU to understand how far the legislation form decisive law and has legal effect on the conduct of EU member states. Important principles such as the primary and direct effects of the legislation constitute important discourse in this part. Sources are divide into primary legislation (eg, constructing treaties, domestic legislation for the reception of EU law, treaties between EU and non- member states), secondary sources (regulations, directives and decisions) and case law.
Legal dispute resolution processes
This part considers the mechanism used in situation of conflict. If focuses on the role of the European Court of Justice in deciding judicial remedies to disputing parties. It requires the discussion on substantive and procedural aspects of access to justice in conflict situation such as the issues of jurisdiction of the court, the locus standi of parties, the exhaustion of domestic courts’ jurisdiction, forms of claims and types of remedies.
Selected legal isssues
This part exposed students to specific issues that form current legal debates in the European community. The issues are introduced with a view to manifest the dynamics of the EU law in specific situations. In this part students are expected and encouraged to use knowledge and understanding acquired from preceding parts to analyse contemporary debates in the EU. Relevant issues include the new constitution, competition, liability of member states to EU citizens and issues in the“the four freedoms”.