All programmes > The Court of Justice and the Emerging Common Law of Europe

The Court of Justice and the Emerging Common Law of Europe (B-KUL-C07B3D)

3 ECTSEnglish26 Second term
Dyevre Arthur
POC Rechten

Aims

Objectives

The course aims to introduce law students to empirical and social-scientific research on the

EU legal system. Specifically, the course seeks to give students a solid grasp of the theories and methodologies that inform this research.

 

Learning goals

Upon completing the course requirements, students should possess:

a solid grasp of the theories and hypotheses informing empirical and interdisciplinary research on the EU legal system.

the ability to assess and discuss critically the results of empirical studies of the EU judiciary.

a basic conceptual understanding of quantitative empirical legal research methods.

basic knowledge of the software and digital tools necessary to conduct empirical legal research.

Previous knowledge

In order not to exclude non-EU students, whose input often proves to be very valuable, no specific knowledge of EU law is required. Nevertheless, students without a basic knowledge of EU law will have to make extra efforts to prepare and understand.

Is included in these courses of study

Activities

3 ects. The Court of Justice and the Emerging Common Law of Europe (B-KUL-C07B3a)

3 ECTSEnglishFormat: Lecture26 Second term
Dyevre Arthur
POC Rechten

Content

The course examines the role of the Court of Justice in the context of the European Union’s quasi-federal legal order from an interdisciplinary perspective. We use empirical theories and methodology to explore how judges make decisions and how law, ideology, politics and institutions influence their behaviour. The course covers the following topics:

  • ECJ's role in the constitutionalization of European Union law
  • Empirical research methodology: basics of statistical analysis
  • Theories of judicial decision making and legal integration in the European context
  • ECJ's organization, staffing and ideological leaning
  • EU-level constraints on ECJ decision making
  • Litigation dynamics in infringements and annulment proceedings
  • Relationship between ECJ and domestic courts within the preliminary ruling mechanism
  • Relationship between ECJ and domestic courts outside the preliminary ruling mechanism

Classes will feature simulations, game-theoretic experiments and hands-on statistical analysis.

Course material

Mandatory readings will be available on Toledo.

Evaluation

Evaluation: The Court of Justice and the Emerging Common Law of Europe (B-KUL-C27B3d)

Type : Continuous assessment without exam during the examination period
Description of evaluation : Paper/Project, Participation during contact hours

Explanation


Students are required to complete the mandatory readings for the corresponding class, complete short in-class tests, contribute to the classroom discussion and submit a paper of 5000-7000 words (including footnotes and bibliography):
1. Paper: Each paper must address a research question from the list provided at the end of the present syllabus or on a topic chosen in agreement with the instructor. The course paper accounts for 80/100 of the final grade.
2. In-class tests: Short in-class tests serve to assess the students' knowledge of the mandatory readings. In-class tests account for 10/100 of the final grade. Students who miss more than one test will see their average test score revised down accordingly.
3. Participation: Students are expected to contribute actively to classroom discussion. Participation accounts for 10/100 of the final grade.

Students should be aware that class participation is graded. So attendance is strongly recommended! If the instructor calls your name and you are not present and this happens on more than one occasion, you will lose all your points for participation. Missed in-class tests cannot be retaken.

Information about retaking exams

Students who fail to obtain a pass are allowed to resubmit a revised course paper.