BAHÇEŞEHİR UNIVERSITY BİLGİ PAKETİ / DERS KATALOĞU
| LAW | |||||
| Bachelor | TR-NQF-HE: Level 6 | QF-EHEA: First Cycle | EQF-LLL: Level 6 | ||
Course Introduction and Application Information
| Course Code | Course Name | Semester | Theoretical | Practical | Credit | ECTS |
| LAW4661 | European Union Law | Fall | 1 | 2 | 2 | 3 |
Basic information
| Language of instruction: | English |
| Type of course: | Must Course |
| Course Level: | Bachelor’s Degree (First Cycle) |
| Mode of Delivery: | Face to face |
| Course Coordinator : | Instructor MEHMET CENGİZ UZUN |
| Course Lecturer(s): |
Instructor ABDÜLKADİR KAYA |
| Recommended Optional Program Components: | None |
| Course Objectives: | This course is allotted to give students a working knowledge of EU law and its role within the activities carried out by the EU. It will be examined the evolution, structure, institutions and sources of EU law. But overall goal of the Course is to give the students the ability to make research on the EU Law and comprehend the current events and problems of a supranational body. |
Learning Outcomes
|
The students who have succeeded in this course; I. Analyze the students working knowledge on EU law. II. Evolutate the structure, institutions and sources of EC law and compare the position of EU law with regard to the legal systems of the member states. III. Recognize the position of the EU within the structure of international law, specifically in relation to other international structures such as the United Nations, the Council of Europe, and the World Trade Organization. IV. Name the problems on implimentation of the EU law and experiment on the skills needed to do research on EC/EU law. V. Recognise the affects of EU law on governments, national legal systems, businesses and individuals. VI. Analyze the current events in the EU with a view to establishing the role of law in all activities carried out by the EU. |
Course Content
| European Integrations: Foundation of the European Union&European Community (EU/EC) Legal Systems, The Institutions and Sources of EU Law Institutions: Political &Legal; (Supranationalism & Intergovernmentalism), The EU legislative process and forms of EU legislation; Direct Effect and Supremacy of EU Law; General principles of EU Law (approximately four lectures) , Functions $ Jurisdiction of the European Court of Justice (ECJ) , “Common Foreign and Security Policy” and “Police and Judicial Cooperation in Criminal Matters” |
Weekly Detailed Course Contents
| Week | Subject | Related Preparation |
| 1) | (Part 1 of 2) European Integrations: Foundation of the European Union&European Community (EU/EC) Legal Systems [Historical origins of the EU] First, Treaty on the Establishment of European Coal and Steel Community of 1952 and the other constituent Rome Treaties of 1957 namely Treaties on the Establishment of European Economic Community and European Atomic Energy Community will be handled together by dealing with their very basic structures, objectives and their institutions. Then same kind of review will go on briefly for the Maastricht, Amsterdam, Nice and Lisbon Treaties including Single European Act. | -- |
| 2) | (Part 2 of 2) European Integrations: Foundation of the European Union&European Community (EU/EC) Legal Systems [Historical origins of the EU] First, Treaty on the Establishment of European Coal and Steel Community of 1952 and the other constituent Rome Treaties of 1957 namely Treaties on the Establishment of European Economic Community and European Atomic Energy Community will be handled together by dealing with their very basic structures, objectives and their institutions. Then same kind of review will go on briefly for the Maastricht, Amsterdam, Nice and Lisbon Treaties including Single European Act. | -- |
| 3) | (Part 1 of 3) The Institutions and Sources of EU Law Institutions: Political &Legal; (Supranationalism & Intergovernmentalism) Competences of the EU Commission- Council- European Council-The European Parliament and Court of Justice of the European Communities Sources of EU Law: Primary sources (Treaties); Secondary sources (Art 288 of the Treaty on the Functioning of the European Union) (TFEU) | -- |
| 4) | (Part 2 of 3) The Institutions and Sources of EU Law Institutions: Political &Legal; (Supranationalism & Intergovernmentalism) Competences of the EU Commission- Council- European Council-The European Parliament and Court of Justice of the European Communities Sources of EU Law: Primary sources (Treaties); Secondary sources (Art 288 of the Treaty on the Functioning of the European Union) (TFEU) | -- |
| 5) | (Part 3 of 3) The Institutions and Sources of EU Law Institutions: Political &Legal; (Supranationalism & Intergovernmentalism) Competences of the EU Commission- Council- European Council-The European Parliament and Court of Justice of the European Communities Sources of EU Law: Primary sources (Treaties); Secondary sources (Art 288 of the Treaty on the Functioning of the European Union) (TFEU) | -- |
| 6) | (Part 1 of 3) The EU legislative process and forms of EU legislation; Direct Effect and Supremacy of EU Law; General principles of EU Law (approximately four lectures) a. Supremacy Costa v. ENEL Case 11/70 Internationale Handelgesellschaft… Simmenthal II Case 106/77 b. Source of Community Law. Primary sources and secondary sources. Hierarchy among the primary and secondary sources. c. Direct Effect Van Gend en Loos Defrenne II i. Direct Effect of Regulations Variola v. Amministrazione delle Finanze ii. Direct Effect of Decisions Franz Grad iii. Direct Effect of Directives Van Duyn d. Regulations, Directives, Decisions (Secondary sources) | -- |
| 7) | (Part 2 of 3) The EU legislative process and forms of EU legislation; Direct Effect and Supremacy of EU Law; General principles of EU Law (approximately four lectures) a. Supremacy Costa v. ENEL Case 11/70 Internationale Handelgesellschaft… Simmenthal II Case 106/77 b. Source of Community Law. Primary sources and secondary sources. Hierarchy among the primary and secondary sources. c. Direct Effect Van Gend en Loos Defrenne II i. Direct Effect of Regulations Variola v. Amministrazione delle Finanze ii. Direct Effect of Decisions Franz Grad iii. Direct Effect of Directives Van Duyn d. Regulations, Directives, Decisions (Secondary sources) | -- |
| 8) | (Part 3 of 3) The EU legislative process and forms of EU legislation; Direct Effect and Supremacy of EU Law; General principles of EU Law (approximately four lectures) a. Supremacy Costa v. ENEL Case 11/70 Internationale Handelgesellschaft… Simmenthal II Case 106/77 b. Source of Community Law. Primary sources and secondary sources. Hierarchy among the primary and secondary sources. c. Direct Effect Van Gend en Loos Defrenne II i. Direct Effect of Regulations Variola v. Amministrazione delle Finanze ii. Direct Effect of Decisions Franz Grad iii. Direct Effect of Directives Van Duyn d. Regulations, Directives, Decisions (Secondary sources) | -- |
| 9) | (Part 1 of 3) IV. Functions $ Jurisdiction of the European Court of Justice (ECJ) Preliminary Rulings via Art.267; enforcement actions against MSs: Focus on Arts: 258, 259& 260; judicial review of the acts of institutions. Art 263 TFEU | -- |
| 10) | (Part 2 of 3) IV. Functions $ Jurisdiction of the European Court of Justice (ECJ) Preliminary Rulings via Art.267; enforcement actions against MSs: Focus on Arts: 258, 259& 260; judicial review of the acts of institutions. Art 263 TFEU | -- |
| 11) | (Part 3 of 3) IV. Functions $ Jurisdiction of the European Court of Justice (ECJ) Preliminary Rulings via Art.267; enforcement actions against MSs: Focus on Arts: 258, 259& 260; judicial review of the acts of institutions. Art 263 TFEU | -- |
| 12) | (Part 1 of 2) "Common Foreign and Security Policy” and “Police and Judicial Cooperation in Criminal Matters” | -- |
| 13) | (Part 2 of 2) "Common Foreign and Security Policy” and “Police and Judicial Cooperation in Criminal Matters” | -- |
| 14) | Review of the semester |
Sources
| Course Notes / Textbooks: | Lecture notes will be prepared and made available from the website “Ders yönetim sistemi” (ois). The lecture notes would not cover all the aspects, discussions and details of the lectures. For that reason class participation and note taking during a lecture is strongly requested from the students. Recommended Books: 1) Avrupa Birliği Hukuku. Prof.Dr.Enver Bozkurt, Doç.Dr.Mehmet Özcan, Doç.Dr.Arif Köktaş. 5.Bası 2011 Mart, Asil Yayın Dağıtım Ltd.Şti. İSBN/ref:9799758784720 (It does not cover all the aspects of our lecture programme.) 2) European Union Law, Alina Kaczorowska, second publication 2011 by Routledge Cavendish, London and New York |
| References: | Secondary online sources are as follows: Materials will be taken from on-line sources, the most important of which is the official website of the European Union (www.europa.eu). www.jeanmonetprogram.org is the website of a joint Harvard/New York University program to teach EC/EU law www.eubusiness.com; www.euobserver; www.eupolitix.com www.europeanvoice.com is the website for the political and new legal settings. News about the EU: http://europa.eu/news/index_en.htm Data bases for EU-Law: EU Law in force: http://eur-lex.europa.eu/en/index.htm For new legislation or revisions on existing legislation: http://ec.europa.eu/prelex/apcnet.cfm?CL=en Timeline of the EU: http://www.oup.com/uk/arc/bin/eulaw/resources/timeline/index.html |
Evaluation System
| Semester Requirements | Number of Activities | Level of Contribution |
| Final | 1 | % 100 |
| Total | % 100 | |
| PERCENTAGE OF SEMESTER WORK | % 0 | |
| PERCENTAGE OF FINAL WORK | % 100 | |
| Total | % 100 | |
ECTS / Workload Table
| Activities | Number of Activities | Duration (Hours) | Workload |
| Course Hours | 14 | 2 | 28 |
| Final | 1 | 40 | 40 |
| Total Workload | 68 | ||
Contribution of Learning Outcomes to Programme Outcomes
| No Effect | 1 Lowest | 2 Low | 3 Average | 4 High | 5 Highest |
| Program Outcomes | Level of Contribution | |
| 1) | List the relations between concepts and institutions related to various legal disciplines and this concepts and institutions. | 3 |
| 2) | Have the knowledge of legal methodology and methods of comment. | 1 |
| 3) | Comment the modern legal gains with the historical knowledge. | |
| 4) | Have the knowledge of philosophical currents of thought which are the bases of legal rules. | |
| 5) | Have the knowledge of legal regulations, judicial decisions and the scientific evaluations related to them. | 4 |
| 6) | Resolve the juridical disagreements in light of legal acts, juridical decisions and doctrine. | 1 |
| 7) | Use at least one foreign language as scientific language. | 4 |
| 8) | Have the knowledge of the political and juridical foundation of the state. | 1 |
| 9) | Have the knowledge of the historical development of the rights of individuals and societies and of the basic documents which are accepted throughout this development. | 2 |
| 10) | Have the ability to resolve the disagreements which can violate the social order in national or international level. | 1 |
| 11) | Have the ability to prevent the juridical disagreements between individuals. | |
| 12) | Have the knowledge of international and comparative law systems. | 2 |
| 13) | Have the knowledge of the construction and the conduct of the national and international commercial relations. | 2 |
| 14) | Use Turkish in an efficient way both verbal and written. | |
| 15) | Have the professional and ethical responsibility. | |
| 16) | Have the knowledge on the European Union’s legislation and institutions. | 5 |
| 17) | Have the knowledge on juridical regulations and applications related to economical and financial mechanisms. | 1 |
| 18) | Have the knowledge of the operation of the national and the international judicial bodies. | 3 |