Politikat dhe Institucionet e BE

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Gentjan Skara, PhD

Code
LAW 421
Name
Politikat dhe Institucionet e BE
Semester
Lecture hours
3.00
Seminar hours
0.00
Laborator hours
0.00
Credits
3.00
ECTS
6.00
Description

The course aims to provide in-depth and contemporary knowledge about the European Union from the institutional point of view and the aspect of the most important policies in order to better prepare candidates for a professional career in this field as well as with the possibility of deepening on European issues. The purpose of this course is also to deepen the knowledge on the way of organization and functioning of the institutional framework of the European Union, on the current problems of their reformation, the issues related to the enlargement policies as well as its perspectives. Also, the course aims to present an overview of the EU's main policies, seeing how they have evolved historically.

Objectives

The main objective of the course is to present a general overview related to theories; the history, the institutional framework and the most important policies of the European Union. Through this course students will expand the general knowledge related to the theories and historical development of the EU. They will also understand the institutional framework and main policies of the EU. After completing this course, students will be able to understand the importance of the internal market.

Java
Tema
1
Syllabus Introduction
2
Introduction: European Integration from Paris to Lisbon In this week, the historical process of the development of the European Union will be addressed. A general overview of Europe after the Second World War will be presented and then the main reasons leading to the birth of the Coal and Steel Community and the European Economic Community will be discussed. Also, all subsequent amendments will be treated historically, focusing on the innovations that the amendment brings. Related literature: 1. Klaus – Dieter Borchardt, ABC of European Union Law (Ministry of European Integration 2010) 9-18 2. Paul Craig and Grainne de Burca, EU Law: Text, Cases, and Materials (OUP 2015) 3-28.
3
Membership and Withdrawal from the European Union: Conditions and Procedures The enlargement of the European Union is one of the most controversial topics. During this lecture, the expansion of the European Union will be treated chronologically. First, the legal basis provided for in the European Economic Treaty will be looked at, and then the membership conditions and the enlargement procedure will be analyzed. In addition, the lecture will address the expansion of the EU towards the countries of the Western Balkans. In addition to the enlargement procedure, the Treaty of Lisbon, for the first time, also provided for the withdrawal procedure. An overview using the United Kingdom as an example will be discussed in class regarding the withdrawal procedure. Related literature: 1. Pierre Mathijsen and Peter Dyrberg, Mathijsen's Guide to European Union Law (Sweet and Maxwell 2013) 687-692.
4
Values and Objectives of the European Union; Competencies of the EU This lecture will focus on the values and objectives of the European Union. The European Union is defined as a club with shared values. But are these values common to the 27 member states? Also, nowadays there is a discussion about the objectives and competences of the European Union. The Treaty of Lisbon brought an innovation in this aspect by delimiting and classifying powers. During the lecture, practical examples will also be given so that the competencies are properly understood. Related literature: 1. Klaus – Dieter Borchardt, ABC of European Union Law (Ministry of European Integration 2010) 19-44. 2. Paul Craig and Grainne de Burca, EU Law: Text, Cases, and Materials (OUP 2015) 73-103.
5
The Institutional Framework of the European Union In this lecture we will focus on the institutional framework of the European Union. It is important to clarify whether the 'principle of separation of powers' also exists in the European Union. Next, the main institutions will be identified by explaining i) their historical evolution; ii) composition; and iii) the powers of these institutions. Also, in addition to the main institutions, two advisory institutions such as the Committee of Regions and the Economic and Social Committee will be explained. Related literature: 1. Klaus – Dieter Borchardt, ABC of European Union Law (Ministry of European Integration 2010) 45-81 2. Paul Craig and Grainne de Burca, EU Law: Text, Cases, and Materials (OUP 2015) 30-70.
6
Sources of law and the method of decision-making in the EU This lecture will explain the sources of law and the way of decision-making and who are the main actors in this process. Since the decision-making process is difficult, a practical example will be given in class. Students will be divided into groups that identify the member states and the Parliament. Then, they will vote on a certain issue. Related literature: 1. Klaus – Dieter Borchardt, ABC of European Union Law (Ministry of European Integration 2010) 82-106 2. Paul Craig and Grainne de Burca, EU Law: Text, Cases, and Materials (OUP 2015) 105-160
7
The principle of direct applicability, direct effect and the principle of supremacy This week, the nature of European Union law will be discussed. With the establishment of the Union, the Member States have limited their legislative sovereignty and in doing so, have created an independent legal body which is binding on them, on their citizens and on their courts. In order to better understand the legal nature, the main decisions of the ECJ will be discussed during the lecture Related literature: 1. Paul Craig and Grainne de Burca, EU Law: Text, Cases, and Materials (OUP 2015) 184-223; 266-314. Judicial Affairs: 1. Judgment of 5 February 1963, NV Algemene Transport- en Expeditie Onderneming van Gend & Loos v Netherlands Inland Revenue Administration, C-26/62, ECLI:EU:C:1963:1. 2. Judgment of 15 July 1964, Flaminio Costa v E.N.E.L, C-6/64, ECLI:EU:C:1964:66 3. Judgment of 4 December 1974, Yvonne van Duyn v Home Office, C-41/74, ECLI:EU:C:1974:133 4. Judgment of 9 March 1978, Amministrazione delle Finanze dello Stato v Simmenthal SpA, C-106/77, ECLI:EU:C:1978:49 5. Judgment of 10 April 1984, Sabine von Colson and Elisabeth Kamann v Land Nordrhein-Westfalen, C-14/83, ECLI:EU:C:1984:153
8
Mid-term Exam
9
Internal Market and Competition In this lecture, the importance of the internal market and competition for member states will be addressed. The legal order of the European Union is based on the principle of an internal market and free competition. Internal market rules are common to all member states. Also, in order for this principle to be concrete, it is necessary for the European market to have rules that protect it from distortion of competition. At the European Union level, competition is protected by several provisions of the Treaty on the Functioning of the European Union (101-109). Related literature: 1. Paul Craig and Grainne de Burca, EU Law: Text, Cases, and Materials (OUP 2015) 607-636. 2. Pierre Mathijsen and Peter Dyrberg, Mathijsen's Guide to European Union Law (Sweet and Maxwell 2013) 347-428.
10
Regional Policy and Cohesion This lecture will address regional policy and cohesion. The European Cohesion Policy, since 60 years, represents a mechanism used by the EU to improve the economy of regions that still lag behind in terms of socio-economic development and growth. Through its main instruments, Cohesion Policy has invested in people and communities across Europe, helping to create better, better jobs and ensure equal treatment for all European citizens. This policy aims to strengthen the European economy, social and territorial cohesion by reducing disparities between regions, referring to rural areas, regions affected by the industrial transition, as well as regions suffering from pronounced permanent natural and demographic problems. Related literature: 1. Paul Craig and Grainne de Burca, EU Law: Text, Cases, and Materials (OUP 2015) 573-585.
11
Common Agricultural Policy In this lecture we will deal with the Common Agricultural Policy which dates back to 1962 and is a partnership between agriculture and society, and between Europe and its farmers. Through this policy, the European Union aims to: i) support farmers and improve agricultural productivity, ensuring a stable supply of affordable food; ii) protect the farmers of the European Union to ensure a reasonable living; iii) help address climate change and sustainable management of natural resources; iv) maintaining rural areas and landscapes across the EU; and v) keeping the rural economy alive by promoting jobs in agriculture, agri-food industry and related sectors. Related literature: 1. Pierre Mathijsen and Peter Dyrberg, Mathijsen's Guide to European Union Law (Sweet and Maxwell 2013) 429-445.
12
Monetary and Economic Union Monetary and Economic Union is another policy that will be covered during this course. This policy dates back to the entry into force of the Maastricht Treaty, as with it, the path that would lead to the entry into circulation of the common European currency, the Euro, began in 2002. The euro is a familiar feature of everyday life, used by more than 332 million EU citizens for their daily needs, to save for tomorrow and to invest in the future. During the lecture, it will be discussed why some countries have preferred not to use the Euro and the impact of the economic crisis on the functioning of the European Union will be explained. Related literature: 1. Pierre Mathijsen and Peter Dyrberg, Mathijsen's Guide to European Union Law (Sweet and Maxwell 2013) 507-517.
13
Justice and Home Affairs Policy In this lecture, the Policy of Justice and Internal Affairs will be addressed. The term "Justice and Home Affairs" is widely used today to refer to the framework of European Union rules related to the common policies of asylum, migration, the fight against organized crime, terrorism. The problem of Justice and Internal Affairs constitutes one of the most sensitive areas for the EU. Students will get to know the legal basis and the challenges that the institutions of the European Union were facing. Related literature: 1. Paul Craig and Grainne de Burca, EU Law: Text, Cases, and Materials (OUP 2015) 964-1000.
14
EU Foreign Policy In this lecture, the EU's foreign policy will be discussed. The Common Foreign Affairs and Security Policy (CFSP) of the European Union was established with the adoption of the Maastricht Treaty in 1992. The goals that are intended to be realized through it are: to maintain peace and strengthen international security in accordance with the principles of the United Nations Convention; promotion of international cooperation; and for the development and consolidation of democracy, the rule of law and respect for human rights and fundamental freedoms. During the lecture, the civil and military missions attached to the CFSP will be discussed and it will be discussed whether the Common Policy for Foreign Affairs and Security has been efficient. Related literature: 1. Pierre Mathijsen and Peter Dyrberg, Mathijsen's Guide to European Union Law (Sweet and Maxwell 2013) 629-652
15
Environmental Policy This lecture deals with environmental policy in the European Union. During the presentation, the historical development of environmental policy, the legal basis and the basic principles on which environmental law is based in the European Union will be explained. Related literature: 1. Pierre Mathijsen and Peter Dyrberg, Mathijsen's Guide to European Union Law (Sweet and Maxwell 2013) 599-614
16
Final Exam
1
After completing the course, students will be able to understand the values, objectives and importance of the European Common Market
2
After completing this course, students will be able to understand the integration process and the role of member states in this process.
3
After completing the course, students will be able to understand the development and functioning of the institutional framework of the European Union.
4
After completing the course, students will be able to understand the development and functioning of European Union policies
5
After completing the course, students will be able to understand the functioning of the European Common Market and have information on foreign policy, justice, environment and agriculture.
Quantity Percentage Total percent
Midterms
1 40% 40%
Quizzes
0 0% 0%
Projects
0 0% 0%
Term projects
0 0% 0%
Laboratories
0 0% 0%
Class participation
1 10% 10%
Total term evaluation percent
50%
Final exam percent
50%
Total percent
100%
Quantity Duration (hours) Total (hours)
Course duration (including exam weeks)
16 3 48
Off class study hours
14 4 56
Duties
0 0 0
Midterms
1 20 20
Final exam
1 25 25
Other
0 0 0
Total workLoad
149
Total workload / 25 (hours)
5.96
ECTS
6.00