International and Regional Trade Law:
The Law of the European Union
(L05.3048)
Professor
Joseph Weiler
Assignments
Assignments will typically
contain a portion from the Course pack and a reference to the relevant Treaty
provisions. I am a great believer in learning to use primary sources. I shall
rarely assign outside readings from the secondary literature, but the course
pack contains extensive bibliographical indications.
The Course pack contains notes and questions. It is a good idea, I think, to read the notes and questions before you turn to the actual texts. If you are using a nutshell or horn book this would be the time to read the relevant sections and finally the primary sources in the Course pack.
Do not be alarmed if, at first, it all seems a bit strange. The style of the European Court of Justice is quite different to that of, say, the Supreme Court. You should get used to it quickly enough and discover that Courts are courts are courts.
With each topic of the course you will also find a section entitled "selected bibliography" which will give bibliographical indications for those who are interested and those planning to write a seminar or Third Year paper in this field. I have also included many references to casenotes in legal journals concerning cases which are assigned in the course. Should you find any of the cases hard going you may wish to look up one of the case notes. Try and vary the journals you use so that you slowly familiarize yourself with the range of legal journals covering EC law. Those who want a book - I would recommend Josephine Shaw's book the 3rd edition of which should be shortly out. The Beaumont and Weatherill Penguin is also a very good overall view of the system.
On the Web you can find
a special Guide to Research in EC law, it is the Jean Monnet Working Paper 8/97
and its address on the Web is: http://www.jeanmonnetprogram.org/course99w/legalresearch.html.
You should, too, acquaint yourself with the techniques of using Lexis and/or
Westlaw to find European Community law cases. There are special libraries within
Lexis and Westlaw which are very useful for both primary and secondary sources.
Class 1 and 2
Unit I. "The EC System: Objectives and Governance, The Political Institutions and the Decision Making Process" - Part 1: The historical perspective and the basics of economic integration
Reading Assignment:
Parts 1.1, 1.2, 1.3, 1.4, 1.6 and 1.8
The focus of the reading should be on the Shuman Declaration (1.2) and the excerpt from Molle (1.8) While preparing pay attention to the note and questions (1.1)
Additional Secondary Sources (Books on Reserve):
- Jo Shaw, Law of the
European Union (1996) [hereinafter Shaw], p. 3-25
- Paul Craig & Gráinne de Búrca, EC Law. Text, Cases &
Materials (1999) [hereinafter Craig & de Búrca], p. 1-54
- Stephen Weatherill & Paul Beaumont, EC Law (1993) [hereinafter Weatherill
Beaumont], p. 1-41
- Derrick Wyatt & Alan Dashwood, European Community Law (2000) [hereinafter
Wyatt & Dashwood], p. 3-158
- T. C. Hartley, The Foundations of European Community Law (1994) [Hartley],
p. 3-10
Unit I "The European
Community System: Objectives and Governance, The Political Institutions and
the Decision Making Process" -
Part 2: The Political Institutions of the EC and the Decision Making Process:
the Community and its Member States; Commission, Council and Parliament
Parts 2.1, 2.2, 2.3, 2.4, 2.5, 2.6 and 2.7
The focus of the reading
is the excerpt from Shaw (2.3) and study with particular attention the arguments
of the ECJ in case 804/79 (2.7.2), pay attention to the modifications made by
the treaty of Nice (2.5, 2.6) and also the note and questions (2.1) can guide
you in your preparation.
- Craig and De Burca, p.49-78
and 105-162
- Weatherill Beaumont, p.42-154
- Wyatt & Dashwood, p.21-56
- Hartley, p.11-55
Unit II-1 "The Community system of Judicial Remedies - Part 1 : Overview"
Reading Assignment:
The entire unit
The focus of the reading should be on the matrix (1) and on the changes made by the Treaty of Nice.
Additional Secondary Sources:
- Weatherill Beaumont,
pp.155-190
- Wyatt & Dashwood, pp.191-209
- Hartley, pp.57-89
- Martin Shapiro, The European Court of Justice, in the Evolution of the EU
Law by Craig and de Burca eds, OUP, 1999, p321-348
Unit II-3 "The Community system of Judicial Remedies : Jurisdiction Examined : Article 234" - Part 3 : Preliminary ruling
Reading Assignment:
Parts 1, 2.1, 2.2, 2.3, 3.1, 3.2, 4.1, 5.2
Pay attention to the introductory note and questions which help you to prepare this class.
Additional Secondary Sources:
- Weatherill Beaumont,
pp. 279-312
- Wyatt & Dashwood, pp. 264-283
- Hartley, pp. 266-302
Unit III "Principles of Constitutional Law - The Relationship between the Community Legal Order and the National Legal Orders: Direct and Indirect Effect"
Reading Assignment:
Parts 1, 3.1, 4.1, 4.2, 4.3
The focus is on the ECJ case Van Gend en Loos (3.1), study carefully the wording of article 249 ECT (4.1).
Additional Secondary Sources:
- Weatherill Beaumont, pp.337-366
- Wyatt & Dashwood, pp.68-104
- Hartley, pp.195-227
Unit V "Principles of Constitutional Law - The Relationship between the Community Legal Order and the National Legal Orders: Supremacy"
Reading Assignment:
Parts 1, 3.1, 3.2 and 3.3
The focus is on the ECJ case Costa v Enel (3.1).
Additional Secondary Sources:
- Weatherill Beaumont, p.367-382
- Wyatt & Dashwood, p.62-68
- Hartley, p.234-264
- Bruno de Witte, "Direct Effect, Supremacy and the Nature of the Legal
Order" in the Evolution of the EU Law by Craig and de Burca eds, OUP, 1999,
pp.177-214
Research seminar in European Union law.
Unit XI "The Internal Market : Discriminatory taxation and measures having an effect equivalent to customs duties" - Part 1 : Charges Having an Effect Equivalent to Customs Duty
Reading Assignment:
Parts 1, 2, 3.1, 3.2, 3.4, 3.5, in Craig and de Burca, pp.548-560
Study carefully the relevant Treaty provisions and the focus is on ECJ cases Statistical Levy (3.1)and Capolongo (3.2)
Additional Secondary Sources:
- Weatherill Beaumont,
pp.383-395
- Wyatt & Dashwood, pp.287-295
Unit XI "The Internal Market : Discriminatory taxation and measures having an effect equivalent to customs duties" - Part 2 : Charges Having an Effect Equivalent to a Costums Duty and Discriminatory Taxation (1).
Reading Assignment:
Parts 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 4.1, 4.2 of Unit XI.
Additional Secondary Sources:
- Weatherill Beaumont, pp. 383-395
- Wyatt & Dashwood, pp. 287-295
Unit XI "The Internal Market : Discriminatory taxation and measures having an effect equivalent to customs duties" - Part 3 : Discriminatory Taxation (2).
Reading Assignment:
Parts 4.1, 4.2 of Unit XI and the additional compulsory article "The transformation of Europe".
Unit XI "The Internal Market: Discriminatory taxation and measures having an effect equivalent to customs duties" - Discriminatory Taxation (3).
Reading Assignment:
Parts 4.1 to 4.6 of Unit XI. Special focus on the three cases CM v France - cognac & whiskey, CM v Italy - regenerated oil and Vinal.
Finishing Unit XI - discriminatory taxation - and beginning with Unit IX - discriminatory regulation.
Reading Assignment:
Unit IX - "The Internal Market: Non-Tariff Barriers", Parts 1, 2, 3 up to 3.1.2. Prepare carefully art. 28 et seq. EC and the two cases Dassonville and Cassis de Dijon.
Unit IX of the teaching material - discriminatory regulation - "The Internal Market: Non-tariff Barriers".
Reading Assignment:
Parts 1 through 3 of Unit IX.
Concerning part 3.1 of Unit IX: special focus lies on the cases Dassonville, Cassis de Dijon, Woodworking, Torfaen Borough and Keck.
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