EUsyl

EUROPEAN UNION LAW
W.B. Fisch, Winter 2001
Tentative Assignments

Assignments are listed by number rather than date in case of scheduling difficulties; they are intended generally to be covered in one class period, but the pace may vary and some assignments will require more time. Page references are to the coursebook, Berman, Goebel, Davey & Fox, EUROPEAN COMMUNITY LAW (West 1993). References to "Supp." are to the 1998 Supplement by the same authors. In addition, you will have the 1998 Documents Supplement, containing the governing treaties as well as some of the more important secondary legislation. References to these primary materials are made throughout the coursebook and materials supplement, and should be followed as they appear.

Click on an assignment number for an outline of issues for discussion in class

(1) Ch. 1. THE HISTORY OF THE EUROPEAN COMMUNITY, pp. 6-20 and Supp. pp. 2-11
(2) Ch. 2. THE FOUNDATIONS OF EUROPEAN COMMUNITY LAW

A. The Treaty Framework, pp. 22-29, and Supp. p. 12
B. The Scope of Community Law and Policy

Intro, pp. 29-30 and Supp. pp. 12-14
1. Implied Powers, pp. 31-36
2. Internal Affairs, pp. 36-40 and Supp. pp. 14-17

(3) 3. Preemption of Member State Law, pp. 40-46 and Supp. pp. 17-18

4. The Subsidiarity Principle, pp. 46-47 and Supp. pp. 18-23

(4) Ch. 3. THE INSTITUTIONS OF THE COMMUNITY AND THE COMMUNITY LEGISLATIVE PROCESS

A. The Institutions

Intro pp. 50-51 and Supp. p. 24
1. The Council, pp. 51-57 and Supp. pp. 24-28
2. The Commission, pp. 57-63 and Supp. 28-31

(5) 3. The European Parliament, pp. 63-68 and Supp. pp. 31-35

4. The Court of Justice, pp. 69-74 and Supp. 35-39
5. Other Institutions, Supp. pp. 39-42

(6) B. Forms of Community Action, pp.74-79 and Supp. pp. 42-44

C. The Legislative Process of the Community

1. The Parliamentary Consultation Procedure, pp. 79-84 and Supp. pp. 44-47

(7) 2. The Parliamentary Cooperation Procedure, pp. 84-89 and Supp. pp. 47-63

3. The Parliamentary Co-Decision Procedure, pp. 89-90 and Supp. pp. 64-65

(8) Ch. 4. JUDICIAL REVIEW OF COMMUNITY ACTS

A. The Action for Annulment, pp. 96-113 and Supp. pp. 70-78

(9) B. Complaint for Failure to Act, pp. 114-117 and Supp. pp. 78-80

C. The Plea of Illegality, pp. 117-120 and Supp. p. 80
D. The Scope of Judicial Review

1. Lack of Competence, p. 120 and Supp. pp. 80-81
2. Infringement of an Essential Procedural Safeguard, pp. 120-127 and Supp. pp. 81-85

(10) 3. Infringement of the Treaty or any Rules of Law Relating to its Application, pp. 127-149 and Supp. pp. 85-96
(11) 4. Misuse of Powers, pp. 149-152
(12) E. Damages Actions against the Community, pp. 152-163 and Supp. pp. 97-99
(13) Ch. 5. THE RELATIONSHIP BETWEEN COMMUNITY AND MEMBER STATE LAW

A. The Direct Effects Doctrine in Community Law

1. Direct Effect of the EEC Treaty and EEC Regulations, pp. 166-182

(14) 2. Direct Effect of EC Directives and Decisions, pp. 182-192 and Supp. pp. 99-104
(15) B. The Doctrine of Supremacy of Community Law, pp. 192-203 and Supp. pp. 104-115
(16) Ch. 6. THE RECEPTION OF COMMUNITY LAW IN THE MEMBER STATES

Introduction, pp. 204-206
A. Community Law in France, pp. 206-213 and Supp. pp. 116-119
B. Community Law in the Netherlands, Belgium and Luxembourg, pp. 213-216 and Supp. pp. 119-120
[out of sequence!]G. Community Law in the United Kingdom, pp. 236-242 and Supp. pp. 133-134

(17) C. Community Law in Germany, pp. 216-228 and Supp. pp. 120-130
(18) Ch. 7 THE PRELIMINARY REFERENCE

Intro and A. The Reference Procedure, pp. 245-248
B. Framing the Reference and the Ruling, pp. 249-257 and Supp. pp. 137-139
C. What is an Article 177 "Court or Tribunal"?, pp. 257-260 and Supp. pp. 139-140

(19) D. Discretionary and Mandatory References, pp. 260-262

E. When Should a Court Refer a Question?, pp. 262-272 and Supp. 141-142
F. The Appealability of Preliminary References and Refusals to Refer, pp. 272-274

(20) Ch. 8. THE ENFORCEMENT OF COMMUNITY LAW

Intro and A. Member State Remedies for the Enforcement of Community Law Claims, pp. 276-292 and Supp. pp. 143-152

(21) Id., Supp. pp. 152-169
(22) B. Enforcement Proceedings Against the Member States, pp. 292-312 and Supp. pp. 169-173

PART II: THE FOUR FREEDOMS AND THE INTERNAL MARKET

(23)Intro and Ch. 9. FREE MOVEMENT OF GOODS: DUTIES, CHARGES, INTERNAL TAXES, pp. 315-340 and Supp. p. 176
(24) Ch. 10. FREE MOVEMENT OF GOODS: QUANTITATIVE RESTRICTIONS

A. Introduction, pp. 341-343
B.. Article 30: Quantitative Restrictions and Measures Having Equivalent Effect, pp. 343-352 and Supp. p. 177
C. Limits on Article 30: Article 36 and Cassis de Dijon, pp. 353-358

(25) D. Health, Safety and Consumer Interests, pp. 359-380 and Supp. pp. 177-184
(26) E. Public Morality, Public Policy and Socio-Cultural Issues, pp. 380-394 and Supp. pp. 185-193
(27) Ch. 11. FREE MOVEMENT OF GOODS: INDUSTRIAL AND COMMERCIAL PROPERTY RIGHTS

A. Determination of Rights Qualifying under Article 36, pp. 396-402 and Supp. p. 194
B. Treatment of Accessory or Analogous Rights, pp. 402-406 and Supp. pp. 194-5
C. Exercise of Industrial and Commercial Property Rights

1. Scope and Protection of Rights, pp. 406-409 and Supp. pp. 195-199

(28) 2. The Exhaustion of Rights Doctrine, pp. 409-421 and Supp. pp. 199-201

D. Toward Community-Wide Industrial and Commercial Property Rights, pp. 422-426 and Supp. pp. 202-208

(29) Ch. 14. FREE MOVEMENT OF PERSONS: THE PEOPLE'S EUROPE, pp. 518-541 and Supp. pp. 244-251
(30)Ch. 15. RIGHT OF ESTABLISHMENT AND RIGHT TO PROVIDE SERVICES

A. Treaty Provisions and Legislative Programs, pp. 542-549 and Supp. pp. 252-253
B. Case Law on Freedom to Provide Services

1. The Right to Provide Cross-Border Services, pp. 549-558 and Supp. pp. 253-257

(31) 2. Right to Receive Services in Other States, pp. 558-563

3. Cross-Border Services Provided by Technological Means, pp. 563-568 and Supp. pp. 257-270

(32) C. Case Law on the Right of Establishment for Business Firms, pp. 569-577 and Supp. pp. 270-273

D. Company Law Harmonization, pp. 577-582 and Supp. pp. 274-279

(33)Ch. 16. RIGHTS OF PRACTICE FOR LAWYERS AND OTHER PROFESSIONALS, pp. 584-604 and Supp. pp. 280-290

PART VI. SPECIFIC COMMUNITY POLICIES

(34) Ch. 34. EQUAL RIGHTS FOR WOMEN

(35) C. Equal Treatment for Men and Women, pp. 1171-1184; Supp. pp. 432-438; Kreil v. Germany (ECJ 2000, handout)

PART IV. EXTERNAL RELATIONS AND COMMERCIAL POLICY

(36) Ch. 26. THE EXTERNAL RELATIONS POWERS OF THE EUROPEAN COMMUNITY

A. The EEC Treaty Provisions on External Relations, pp. 889-895 and Supp. p. 346
B. The Court of Justice and the Community's Powers in External Relations

1. Implied Powers: The ERTA Case, pp. 895-908

(37) 2. The Scope of Explicit Powers, pp. 908-914 and Supp. pp. 347-362
(38) C. International Agreements in Community Law, pp. 914-922 and Supp. pp. 362-364

D. European Political Cooperation and the Common Foreign and Security Policy, pp. 922-926 and Supp. pp. 364-365