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After this course:
• the student has acquired an in-depth understanding of specific subfields of EU law.
• the student is able to speak authoritatively on the current legal challenges in these subfields.
• the student is able to formulate his own position, and back this up with sound argumentation.
• the student is able to locate the subfields within the wider structure of European Law.
• the student has acquired the skills to familiarize him-/herself in a short time-span with specific subfields of European law.
• in the thesis module, the student has learned how to write a solid and convincing research paper and will further familiarize him-/herself with legal-scientific methods.
• in the other modules, the student has learned to quickly familiarize him-/herself with new legal topics and problems.
• in the other modules, the student has learned and to analyze these new legal topics in a short period of time. In doing so, he/she will acquire, or further develop, different skills such as finding relevant sources of information, analyzing case-law and other legal and policy documents, connecting theory and practice, conducting negotiations, writing memoranda, presenting findings, orally defending arguments, and evaluating and giving feedback to other students’ work.
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An Introduction
Have you heard about Europol, Frontex and the European Securities and Markets Agency? Did you know that there are 35 EU agencies and that agencies have become not only important decision-making but also supervisory and enforcement entities at the EU level? For those who know little about and are simply interested in this relatively new but important development of EU law and governance, we are happy to offer our course! This course will advance the knowledge of the EU institutional law by exposing students to the issues of enforcement of EU law by EU agencies and their national counterparts. Also, it creates a good possibility to train professional skills, such as research, writing, critical evaluation and presentation. The course concludes with the translation of the main research findings from the group paper into a short blog post, available online if of good quality.
Background and key focus of the course:
Enforcing EU law has since recently become a task of an increasing number of EU institutions and agencies[4. As a result of the EU recent financial reform, the European Central Bank, for instance, directly supervises significant credit institutions, “representing almost 85% of total banking assets in the euro area.”[1] Together with the possibility to withdraw a bank authorization, its enforcement arsenal includes administrative sanctions. In addition, the financial reform has led to the creation of a number of independent financial supervisors, including the European Securities and Markets Authority (ESMA). ESMA’s enforcement authority includes the powers to examine and take copies of any relevant records and materials, ask for oral explanations, summon and hear persons, require telephone and data traffic records, and interview persons. Furthermore, Frontex, a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, has recently turned into an agency with own operational enforcement capacity. Following its modified founding regulation (amended by Regulation 1168/2011), the agency has finalized a tender to buy aerial surveillance to be used in joint operations[2] (instead of relying on the equipment of the EU Member States). The border guards are not anymore only those of Member States. The so-called Seconded Guest Officers (SGO) are employed by Frontex for up to six months per officer. The officers wear their own national uniform, but wear a blue Frontex and EU armband when deployed. The list of examples could continue but the point is clear: the EU has been acquiring direct enforcement power (i.e., monitoring, investigation and punishment in relation to individuals and companies, not only in relation to the EU Member States).
At the same time, while EU institutions and agencies have acquired direct supervisory powers, the exercise of those powers can be dependent on or shared with national level authorities (supervising institutions and courts). For instance, when ESMA needs to examine and to take copies of any relevant records and materials of a credit rating agency hosted in London, it has to obtain first an authorization of an English judge.[3] What if an English judge refuses to give such an authorization? Will ESMA render account for not doing her job or should the judge be accountable? By whom/at what level would they render accountability?
Since the trend of empowering EU entities with direct enforcement powers is quite recent, little is known about how shared supervision and enforcement is organized between EU and national authorities. What does an EU entity (institution, agency) and a national supervising authority do exactly when they enforce EU law? Are their tasks divided/subordinated to each other or do they share enforcement tasks? How and at what level do they render (political, judicial) accountability for the enforcement tasks? To what extent is it an effective way of supervision? Etc. We invite students to explore these and other questions in the cases of their choice (an EU agency with respective tasks – one or more national counterparts of any EU Member State).
Why to select this course?
Having followed this course, students will advance their knowledge of the EU institutional law in three respects. Firstly, EU law is usually studied from a regulatory perspective (e.g., how regulations and directives are being made, in according with what procedures, on what topics, etc.). This is because the Treaties have been giving predominately regulatory tasks to the EU institutions. In this course, the focus is on the next stage of the EU policy cycle, namely supervision and enforcement: how do EU and national authorities make sure that EU law is complied with by individuals and private parties? How can the respective authorities investigate suspicious cases and punish for non-compliance? Secondly, EU law courses focus usually on the main EU institutions. EU agencies and other supervisory bodies, which are hardly regulated by the Treaties, are normally discussed very briefly, if at all. In this course, students will be introduced to the EU agency phenomenon, which has become an important part of EU governance. The number of EU agencies has been proliferating in the recent years considerably (from approximately 10 to 35 in the last 15 years!). And their powers have become to include not only information-gathering but also decision-making and supervision. It is therefore important to get familiar with these new important actors at the EU policy making and implementing level. Thirdly, during this course a number of important skills for EU legal professionals will be trained: research, writing, critical evaluation, writing a blog post and presentation skills. All in all, this course is a valuable supplement to the courses of the EU law master programme and possibly other interested students. It aims to complete the knowledge on the EU institutional law by focusing on the novel questions and challenges with which EU law and governance have been dealing within and outside the Treaties’ borders.
Format
Students are offered to participate in interactive lectures, which will be based on academic and official materials announced before the lecture. Lectures will be followed by debates in the form of seminars where more specific problems and challenges to shared enforcement will be discussed. Furthermore, students will be invited to form groups for their writing assignments and presentations. Groups of students will be given the chance to improve their paper after having submitted a first draft. The teaching staff and other groups will give their comments on written drafts and presentations. This course concludes with a presentations of blog posts on the main topic and results of the research done.
[1] This information is taken from the official webpage of the ECB. Find at: http://www.ecb.europa.eu/ssm/html/index.en.html (accessed on 1 October 2018).
[2] Annual Information on the Commitments of the Member States to the European Border Guard Teams and the Technical Equipment Pool, Report 2014, pp. 7 and 12. Available at: http://www.statewatch.org/news/2014/mar/eu-frontex-rep-ep-msd.pdf (accessed on 1 October 2018).
[3] See the recent case at http://www.bailii.org/ew/cases/EWHC/Ch/2015/1085.html (accessed on 1 October 2018).
[4] M. Scholten & M. Luchtman (eds), Law Enforcement by EU Authorities. Political and judicial accountability in shared enforcement, Edward Elgar 2017.
General information
In period 3, students are presented with an opportunity to deepen their knowledge and specialize within the areas of Law and Economics they are most interested in. Period 3 is divided into 3 blocks of three weeks each. Students will follow 5 modules, which they will be able to select from a range of options available. Law and Economics capita selecta is designed in a way to allow students to immerse themselves in themes of ‘Competition Law and Regulation’, ‘Law and Finance’ and ‘Law and Technology’, though students are free to combine their interests.
The sixth module, which is compulsory, regards the Research and Thesis Trajectory (RTT), which is a course starting in period 1. This module is completed throughout the academic year and ends before starting to write the thesis in period 4. One week in period 3 is dedicated to the RTT and no capita selecta teaching is scheduled for that time. Each of the modules equals 2,5 ECTS.
Capita selecta modules allow students to develop knowledge and skills that are necessary to prepare them for a professional career. Thus, modules range in testing methods, often including practical assessments on highly relevant contemporary issues. For example, students might have to write a position paper, a case note, a blog, a policy advice paper or be tested on the basis of a presentation.
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