Jura (alle)
Bachelor
Generally, the course will be split into three parts: first, general aspects of U.S. laws and legal system; second, an overview of substantive topics in key subject areas of law; and, third, practicing law in the United States including commencing a lawsuit, research, and litigation.
Lecturer: Ms. Sheila O'Laughlin
During this course, we will analyze the EU legal framework on climate change issues and the interrelated energy policy matters. We will deal with environmental protection actions on the international level, with special attention to the United Nations climate regime. Furthermore, the influence of environmental requirements on international trade will be also explored (WTO law).
In the following part, the policy and legal framework on energy will be analyzed, with a focus on the European Union and the internal energy market it seeks to create. Some of the key aspects are the legal rules on competition, international trade in energy, the promotion of renewables, and energy efficiency.
Next to the results of the final written (online) exam, the presentations will also contribute to the final grade for this course.
This class makes the nature of Comparative Law as well as its functions and aims accessible to students from different legal backgrounds. As studying even one legal system fully is difficult and time-consuming, the course must necessarily take a selective approach to comparative law and to the multitude of legal systems in the world. The class Comparative Law I therefore will focus on European Legal Traditions, whose similarities and differences are an important driver of European harmonization. Matching the overall aim of this module the course will focus on private law and business law aspects of comparative law.
The course has three main components. The first part will cover the origins and utility of comparative law, its aims, tools and methods. This part will particularly focus on the legal orders, which the participants of the class are most familiar with.
The main second part of the course will look at common features of generally accepted concepts of both contract law and of building bricks necessary for any business law, such as division of work, liability, tort law and insurance. The different possible solutions for these problems, which appear in different forms in many jurisdictions, will be presented, followed by an analysis of how they are governed by legal orders belonging to different legal families. Lines of influence and hybrids will similarly be covered.
Furthermore, the course will give comparative legal insights to laws in transition as well as legal transplants. Whereas former socialist European countries may serve as an example for the first, the adoption of economic concepts in contract law (such as merchandising and franchising from the US in Europe and the respective related problems of integration into European Union law) are paradigmatic for the second. The third part of the course will cover a comparison of legal education and profession (e.g. role of the judiciary), a critical matter for proper delivery of legal services to foreign clients and working effectively with international law partners.This class makes the nature of Comparative Law as well as its functions and aims accessible to students from different legal backgrounds. As studying even one legal system fully is difficult and time-consuming, the course must necessarily take a selective approach to comparative law and to the multitude of legal systems in the world. The class Comparative Law I therefore will focus on European Legal Traditions, whose similarities and differences, are an important driver of European harmonization. Matching the overall aim of this module the course will focus on private law and business law aspects of comparative law.
The course has three main components. The first part will cover the origins and utility of comparative law, its aims, tools and methods. This part will particularly focus on the legal orders, which the participants of the class are most familiar with.
The main second part of the course will look at common features of generally accepted concepts of both contract law and of building bricks necessary for any business law, such as division of work, liability, tort law, insurance. The different possible solutions for these problems, which appear in different forms in many jurisdictions will be presented, followed by an analysis of how they are governed by legal orders belonging to different legal families. Lines of influence and hybrids will similarly be covered. Furthermore the course will give comparative legal insights to laws in transition as well as legal transplants. Whereas former socialist European countries may serve as an example for the first, the adoption of economic concepts in contract law (such as merchandising and franchising from the US in Europe and the respective related problems of integration into European Union law) are paradigmatic for the second.
The third part of the course will cover a comparison of legal education and profession (e.g. role of the judiciary), a critical matter for proper delivery of legal services to foreign clients and working effectively with international law partners.
- Aims and methods of comparative law research
- Principle of equality of all legal orders
- Grouping of legal families according to historic origin or structure
- Basic concepts of contract law: party autonomy, formation of contract, performance
- Basic concepts of business law: division of work, liability, tort law, insurance
- Hybrids and legal transplants
The course Comparative Law deals with nature, technique and purpose of legal comparison both from a theoretical and from a practical point of view. Further it aims at introducing students to fundamental concepts of the European Legal families, which more often than not serve as model for European harmonization. The insight will provide students with the necessary analytical background allowing them to carry out comparative legal analysis in their respective further fields of studies.
M. Schmuck, „Klare Sprache für Juristen“, in: Römermann/Paulus: „Schlüsselqu. für Jurastud., Examen und Beruf“, München 2003
oder M. Schmuck, „Deutsch für Juristen“, 3. Aufl. Köln 2010/
T. Walter, „Kleine Stilkunde für Juristen“, 2. Aufl. München 2009.
W. Schneider, „Deutsch für Profis“, seit 1984 immer wieder...
Teilnehmer der Veranstaltung sollen daher lernen, wie „Paragrafenarbeitern“ in der Kommunikation mit „Normalbürgern“ eine professionelle Übersetzungsarbeit gelingt. Schritt für Schritt werden die Eigenheiten des juristischen Kanzleistils unter die Lupe genommen. Dem werden die Grundregeln und Geheimnisse verständlichen und überzeugenden Formulierens gegenüber gestellt. Schließlich setzen die Teilnehmer das vermittelte Wissen durch praktische Übung um, indem sie eigene Texte anfertigen und diese gemeinsam besprechen.
The course gives an introduction to German private law especially for foreign law students. The course begins with an overview of the legal sources of German law. In particular, the special position of the Civil Code and its historical development will be discussed.
Then the most important legal areas of the Civil Code will be worked out on the basis of systematic descriptions and case solutions. By focusing on the law of torts, the law of obligations and the law of property, the working method in German civil law is clarified. Short introductions to inheritance and family law, company law and civil procedural law round off the course through private law.
Structure
- Definition of private law, historical development
- Structure of the BGB
- tort law
- law of obligations
- property law
- Inheritance and Family Law, Company Law and Civil Procedure Law at a Glance
The aim of the course is to ensure that students are familiar with the structures of German civil law by the end of the course and that they are able to handle smaller cases with the knowledge they have acquired.
After presenting the development of the EU legal and policy framework, the course will focus on competition rules, international trade in energy, and energy subsidies. Finally, this course will examine how policy incentives for climate change mitigation affect the energy sector. It will cover the current developments in the EU Climate Change Law, and legal and policy matters associated with the renewable energy sector.
Next to the results of the final written exam, the seminar paper will contribute to the overall grade for this course.
The course is open to students with previous legal knowledge.
The European Union (EU) possesses strong regulatory powers, the use of which, directly or indirectly, affects private subjects within the EU Member States. Nevertheless, not until the late 1960’s did the European Court of Justice (CJEU) acknowledge fundamental rights to be general principles of the then European Economic Community (EEC) law. And not until 2009 did a Charter of Fundamental Rights enter into force, which ranks equal to the Treaty on European Union and the Treaty on the Functioning of the European Union.
The course aims to give an introduction to the sources and standards of human rights protection within the EU legal framework. Through the analysis of EU hard and soft law instruments, CJEU and member states’ case law, and doctrinal contributions the course will analyze the EU fundamental rights system in both its legal and political dimensions.
The course structure is threefold: the first part aims to introduce students to the genesis of fundamental rights law within the ECC/
• Development of the protection of fundamental rights in the history of European integration;
• The role of the CJEU and its interaction with national courts;
• Legal sources of fundamental rights guaranteed by EU-law and their interpretation;
• The EU Charter of Fundamental Rights: adoption, structure and impact;
• EU fundamental rights and the European Convention on Human Rights;
• EU fundamental rights in the larger Public International Law contexts;
• EU as a global actor: promoting democracy and human rights on a global scale;
• The future of fundamental rights in the EU: main challenges.
Learning outcomes and qualification goals:
The course intends to provide students with a deeper understanding of both the EU system of fundamental rights protection and its relationships with the national and international human rights systems.
Students will learn to solve and critically assess legal problems, developing analytical and practical skills, while acquiring relevant knowledge in the human rights area.
The European Union (EU) possesses strong regulatory powers, the use of which, directly or indirectly, affects private subjects within the EU Member States. Nevertheless, not until the late 1960’s did the European Court of Justice (CJEU) acknowledge fundamental rights to be general principles of the then European Economic Community (EEC) law. And not until 2009 did a Charter of Fundamental Rights enter into force, which ranks equal to the Treaty on European Union and the Treaty on the Functioning of the European Union.
The course aims to give an introduction to the sources and standards of human rights protection within the EU legal framework. Through the analysis of EU hard and soft law instruments, CJEU and member states’ case law, and doctrinal contributions the course will analyze the EU fundamental rights system in both its legal and political dimensions.
The course structure is threefold: the first part aims to introduce students to the genesis of fundamental rights law within the ECC/
• Development of the protection of fundamental rights in the history of European integration;
• The role of the CJEU and its interaction with national courts;
• Legal sources of fundamental rights guaranteed by EU-law and their interpretation;
• The EU Charter of Fundamental Rights: adoption, structure and impact;
• EU fundamental rights and the European Convention on Human Rights;
• EU fundamental rights in the larger Public International Law contexts;
• EU as a global actor: promoting democracy and human rights on a global scale;
• The future of fundamental rights in the EU: main challenges.
Learning outcomes and qualification goals:
The course intends to provide students with a deeper understanding of both the EU system of fundamental rights protection and its relationships with the national and international human rights systems.
Students will learn to solve and critically assess legal problems, developing analytical and practical skills, while acquiring relevant knowledge in the human rights area.
Development of European private law
The different layers of legal sources
Methods of unification on the European level
Specific regulations and directives
Development of European private law
The different layers of legal sources
Methods of unification on the European level
Specific regulations and directives
During this course, we will analyze the international legal framework on climate change. The focus will be on climate change and environmental actions on the international level, with special attention to the United Nations climate regime. Furthermore, the influence of the environmental requirements on international trade will be also explored, with a focus on the World Trade Organization rules.
Next to the results of the final written exam, the results of seminar papers will also contribute to the final grade for this course.
Introductory Readings (optional):
- Cassese, Antonio, ‘International Criminal Law’ (Oxford, Oxford University Press, 2008)
- Cryer, Robert, ‘An Introduction to International Criminal Law and Procedure’ (Cambridge, Cambridge University Press, 2010)
- Schabas, William A., ‘The International Criminal Court: A Commentary on the Rome Statute’ (Oxford, Oxford University Press, 2010)
- Werle, Gerhard, ‘Principles of International Criminal Law’ (The Hague, Asser, 2005)
This course aims at providing students with a fundamental understanding of this increasingly important realm of public international law. Thus, in a first approach, an overview both of international criminal law’s theoretical foundation as well as its historical sources will be provided. Adjacently, focus will be given to the ad-hoc tribunals of the 1990s (such as the International Tribunal for the former Yugoslavia) and most prominently to the International Criminal Court (ICC) as the first permanent international organization addressing matters of international criminal justice.
Complementary to this institutional approach, the second part of the course will address material law aspects: Besides the abovementioned crimes as stipulated in the Rome Statute forming the International Criminal Court, attention will be given to further international crimes such as piracy or terrorism. Additionally, questions such as immunity from prosecution for heads of state or government, modes of liability, interdependencies between the national and international judicial sphere and notions of state sovereignty will be addressed throughout the course.
In this course the development as well as the basic concepts of IHL will be explored. Students will be introduced to the most important documents governing armed conflict, learn how to apply these and will consider the challenges posed to the application of IHL in armed conflicts. A large part of the course will focus on the new developments in IHL including the emergence of new forms of armed conflicts and the development and use of new technologies in armed conflict.
Assessment
Assessment for this course will consist of one writing assignment and one open book exam.
The course provides a general introduction to German Constitutional Law i.e. the constitution, its background and contents and methods to work with constitutional legal texts.
The German Grundgesetz (Basic Law) which up to this day forms the formal constitutional document of the Federal Republic of Germany has its roots in the allied occupation of Western Germany after World War II. It has proven to be a reliable foundation for the development of the German democratic system and the federal state. The provision of fundamental rights (Art. 1 – 19) puts the Grundgesetz in the tradition of European and North American human rights thinking. It has had an enormous impact on all German law.
Although experiencing some changes throughout the years – especially during the process of the German reunification – the general structure and main provisions of the Grundgesetz remained unchanged.
The course will cover the structure of the German Grundgesetz and its most important provisions while putting a particular focus on the first chapter containing the fundamental rights provisions. Additionally, students will learn about constitutional law in general, the federal structure and the fundamental constitutional principles of the Federal Republic and its integration in the European Union legal system as well as understand the function of the constitutional organs and the legislative process.
Contents:
• The German legal system
• Constitutional Law
• The Grundgesetz and the European Union
• Fundamental Rights
• Fundamental Constitutional Principles
• The Federal State
• Constitutional organs
• Legislative procedure
• Public administration
• The judicial system
Learning Target:
Students will be able to understand the basic principles and most important provisions of the Grundgesetz and solve simple cases regarding fundamental rights. They will be familiar with the structure of the federal state and its function as well as its most important constitutional, administrative and judicial organs. Students can assess by way of comparison similarities and dissimilarities in other legal systems.
Literature:
No specific textbook is required. Additional reading recommendations will be given in the lecture.
Examination:
Oral Exam.
The module is designed to give a comprehensive survey of German private law, i.e. general rules of private law, commercial law, and civil procedure. An important structural decision of German private law (sic!) is already displayed by the fact that the Civil Code is the ‘law book for citizens’ – today including consumers – whereas particular rules for businesses are comprised in the commercial code, corporate law, and various other codifications. However, both general private law, and commercial law are enforced by the same rules of civil procedure. The German Civil Code is of paramount importance for understanding German law as its concept and system has impressed the legal thinking of generations of German lawyers.
Learning outcomes and qualification goals:
Students will be acquainted with both its sources, and its general principles. In the course of the class students will learn to work with the German civil code, understand the underlying system, influences on the Civil Code from the European Union (EU), and the accepted methods of interpretation.
Introduction to German Private Law
The division between public law, general private law and commercial law
The German Civil Code
Influence from the EU
Basic concepts and means of interpretation ü Function and Content of the General Part
Law of obligations (contracts, torts, and unjust enrichment)
Property Law
Law of succession and company law (including partnerships and corporations)
The system of law enforcement
The module is designed to give a comprehensive survey of German private law, i.e. general rules of private law, commercial law, and civil procedure. An important structural decision of German private law (sic!) is already displayed by the fact that the Civil Code is the ‘law book for citizens’ – today including consumers – whereas particular rules for businesses are comprised in the commercial code, corporate law, and various other codifications. However, both general private law, and commercial law are enforced by the same rules of civil procedure. The German Civil Code is of paramount importance for understanding German law as its concept and system has impressed the legal thinking of generations of German lawyers.
Learning outcomes and qualification goals:
Students will be acquainted with both its sources, and its general principles. In the course of the class students will learn to work with the German civil code, understand the underlying system, influences on the Civil Code from the European Union (EU), and the accepted methods of interpretation.
Introduction to German Private Law
The division between public law, general private law and commercial law
The German Civil Code
Influence from the EU
Basic concepts and means of interpretation ü Function and Content of the General Part
Law of obligations (contracts, torts, and unjust enrichment)
Property Law
Law of succession and company law (including partnerships and corporations)
The system of law enforcement
Master
Generally, the course will be split into three parts: first, general aspects of U.S. laws and legal system; second, an overview of substantive topics in key subject areas of law; and, third, practicing law in the United States including commencing a lawsuit, research, and litigation.
Lecturer: Ms. Sheila O'Laughlin
During this course, we will analyze the EU legal framework on climate change issues and the interrelated energy policy matters. We will deal with environmental protection actions on the international level, with special attention to the United Nations climate regime. Furthermore, the influence of environmental requirements on international trade will be also explored (WTO law).
In the following part, the policy and legal framework on energy will be analyzed, with a focus on the European Union and the internal energy market it seeks to create. Some of the key aspects are the legal rules on competition, international trade in energy, the promotion of renewables, and energy efficiency.
Next to the results of the final written (online) exam, the presentations will also contribute to the final grade for this course.
This class makes the nature of Comparative Law as well as its functions and aims accessible to students from different legal backgrounds. As studying even one legal system fully is difficult and time-consuming, the course must necessarily take a selective approach to comparative law and to the multitude of legal systems in the world. The class Comparative Law I therefore will focus on European Legal Traditions, whose similarities and differences are an important driver of European harmonization. Matching the overall aim of this module the course will focus on private law and business law aspects of comparative law.
The course has three main components. The first part will cover the origins and utility of comparative law, its aims, tools and methods. This part will particularly focus on the legal orders, which the participants of the class are most familiar with.
The main second part of the course will look at common features of generally accepted concepts of both contract law and of building bricks necessary for any business law, such as division of work, liability, tort law and insurance. The different possible solutions for these problems, which appear in different forms in many jurisdictions, will be presented, followed by an analysis of how they are governed by legal orders belonging to different legal families. Lines of influence and hybrids will similarly be covered.
Furthermore, the course will give comparative legal insights to laws in transition as well as legal transplants. Whereas former socialist European countries may serve as an example for the first, the adoption of economic concepts in contract law (such as merchandising and franchising from the US in Europe and the respective related problems of integration into European Union law) are paradigmatic for the second. The third part of the course will cover a comparison of legal education and profession (e.g. role of the judiciary), a critical matter for proper delivery of legal services to foreign clients and working effectively with international law partners.This class makes the nature of Comparative Law as well as its functions and aims accessible to students from different legal backgrounds. As studying even one legal system fully is difficult and time-consuming, the course must necessarily take a selective approach to comparative law and to the multitude of legal systems in the world. The class Comparative Law I therefore will focus on European Legal Traditions, whose similarities and differences, are an important driver of European harmonization. Matching the overall aim of this module the course will focus on private law and business law aspects of comparative law.
The course has three main components. The first part will cover the origins and utility of comparative law, its aims, tools and methods. This part will particularly focus on the legal orders, which the participants of the class are most familiar with.
The main second part of the course will look at common features of generally accepted concepts of both contract law and of building bricks necessary for any business law, such as division of work, liability, tort law, insurance. The different possible solutions for these problems, which appear in different forms in many jurisdictions will be presented, followed by an analysis of how they are governed by legal orders belonging to different legal families. Lines of influence and hybrids will similarly be covered. Furthermore the course will give comparative legal insights to laws in transition as well as legal transplants. Whereas former socialist European countries may serve as an example for the first, the adoption of economic concepts in contract law (such as merchandising and franchising from the US in Europe and the respective related problems of integration into European Union law) are paradigmatic for the second.
The third part of the course will cover a comparison of legal education and profession (e.g. role of the judiciary), a critical matter for proper delivery of legal services to foreign clients and working effectively with international law partners.
- Aims and methods of comparative law research
- Principle of equality of all legal orders
- Grouping of legal families according to historic origin or structure
- Basic concepts of contract law: party autonomy, formation of contract, performance
- Basic concepts of business law: division of work, liability, tort law, insurance
- Hybrids and legal transplants
The course Comparative Law deals with nature, technique and purpose of legal comparison both from a theoretical and from a practical point of view. Further it aims at introducing students to fundamental concepts of the European Legal families, which more often than not serve as model for European harmonization. The insight will provide students with the necessary analytical background allowing them to carry out comparative legal analysis in their respective further fields of studies.
M. Schmuck, „Klare Sprache für Juristen“, in: Römermann/Paulus: „Schlüsselqu. für Jurastud., Examen und Beruf“, München 2003
oder M. Schmuck, „Deutsch für Juristen“, 3. Aufl. Köln 2010/
T. Walter, „Kleine Stilkunde für Juristen“, 2. Aufl. München 2009.
W. Schneider, „Deutsch für Profis“, seit 1984 immer wieder...
Teilnehmer der Veranstaltung sollen daher lernen, wie „Paragrafenarbeitern“ in der Kommunikation mit „Normalbürgern“ eine professionelle Übersetzungsarbeit gelingt. Schritt für Schritt werden die Eigenheiten des juristischen Kanzleistils unter die Lupe genommen. Dem werden die Grundregeln und Geheimnisse verständlichen und überzeugenden Formulierens gegenüber gestellt. Schließlich setzen die Teilnehmer das vermittelte Wissen durch praktische Übung um, indem sie eigene Texte anfertigen und diese gemeinsam besprechen.
The course gives a thorough introduction to legal aspects that might occur in the course of establishing and operating an online shop. Although it is focused on business related activities it also covers the major currently discussed topics of internet activities.
Electronic and Mobile Commerce
Platforms and Social Media, Intermediaries
Online Advertising and Data Protection
Copyright and Internet
Domains
Cross Border E-Commerce
The chapter on electronic and mobile commerce will inter alia cover formation of contract, General Terms of Business, consumer protection, mobile commerce (incl. “App-stores”), seller ratings and auctions. The class on platforms and social media outlines the principles of liability of intermediaries, including WIFIproviders and platforms. It discusses liability for hyperlinks, user generated content and the enforcement of the law fighting hate speech. The stage Online Advertising and Data Protection introduces to rules of unfair competition, imprint information, the use of cookies and the ban of spamming. It also focuses on specific business models as the online sale of pharmaceutical products, ad blockers and influencers. Additionally, the European data protection law is outlined. The section on copyright law focuses on copyright restrictions for the presentation of content (including framing, file sharing, streaming and hyperlinks on protected content). The section on domains explains the domain name system and its implications on trademark law and unfair competition law, including enforcement aspects. The course concludes with a discussion of jurisdiction for online cases, applicable law and the country-of-origin principle.
Learning outcomes and qualification goals:
The students are instructed to apply their knowledge of structures and rules to the field of e- commerce. They will be acquainted with the general legal rules and regulations for e-commerce. Most important they will learn how the general rules have to be adapted to suit this virtual environment. Leading cases will be discussed and demonstrate how the courts have adjusted the legal regime, overcome some uncertainties and filled the gaps. Students shall be enabled to audit the requirements for e-commerce projects and to solve legal problems which have resulted in the course of e-business. The class will learn argumentation and procedural strategies of legal challenge and defense in e-commerce cases.
The course gives a thorough introduction to legal aspects that might occur in the course of establishing and operating an online shop. Although it is focused on business related activities it also covers the major currently discussed topics of internet activities.
Electronic and Mobile Commerce
Platforms and Social Media, Intermediaries
Online Advertising and Data Protection
Copyright and Internet
Domains
Cross Border E-Commerce
The chapter on electronic and mobile commerce will inter alia cover formation of contract, General Terms of Business, consumer protection, mobile commerce (incl. “App-stores”), seller ratings and auctions. The class on platforms and social media outlines the principles of liability of intermediaries, including WIFIproviders and platforms. It discusses liability for hyperlinks, user generated content and the enforcement of the law fighting hate speech. The stage Online Advertising and Data Protection introduces to rules of unfair competition, imprint information, the use of cookies and the ban of spamming. It also focuses on specific business models as the online sale of pharmaceutical products, ad blockers and influencers. Additionally, the European data protection law is outlined. The section on copyright law focuses on copyright restrictions for the presentation of content (including framing, file sharing, streaming and hyperlinks on protected content). The section on domains explains the domain name system and its implications on trademark law and unfair competition law, including enforcement aspects. The course concludes with a discussion of jurisdiction for online cases, applicable law and the country-of-origin principle.
Learning outcomes and qualification goals:
The students are instructed to apply their knowledge of structures and rules to the field of e- commerce. They will be acquainted with the general legal rules and regulations for e-commerce. Most important they will learn how the general rules have to be adapted to suit this virtual environment. Leading cases will be discussed and demonstrate how the courts have adjusted the legal regime, overcome some uncertainties and filled the gaps. Students shall be enabled to audit the requirements for e-commerce projects and to solve legal problems which have resulted in the course of e-business. The class will learn argumentation and procedural strategies of legal challenge and defense in e-commerce cases.
The course gives an introduction to German private law especially for foreign law students. The course begins with an overview of the legal sources of German law. In particular, the special position of the Civil Code and its historical development will be discussed.
Then the most important legal areas of the Civil Code will be worked out on the basis of systematic descriptions and case solutions. By focusing on the law of torts, the law of obligations and the law of property, the working method in German civil law is clarified. Short introductions to inheritance and family law, company law and civil procedural law round off the course through private law.
Structure
- Definition of private law, historical development
- Structure of the BGB
- tort law
- law of obligations
- property law
- Inheritance and Family Law, Company Law and Civil Procedure Law at a Glance
The aim of the course is to ensure that students are familiar with the structures of German civil law by the end of the course and that they are able to handle smaller cases with the knowledge they have acquired.
After presenting the development of the EU legal and policy framework, the course will focus on competition rules, international trade in energy, and energy subsidies. Finally, this course will examine how policy incentives for climate change mitigation affect the energy sector. It will cover the current developments in the EU Climate Change Law, and legal and policy matters associated with the renewable energy sector.
Next to the results of the final written exam, the seminar paper will contribute to the overall grade for this course.
The course is open to students with previous legal knowledge.
The European Union (EU) possesses strong regulatory powers, the use of which, directly or indirectly, affects private subjects within the EU Member States. Nevertheless, not until the late 1960’s did the European Court of Justice (CJEU) acknowledge fundamental rights to be general principles of the then European Economic Community (EEC) law. And not until 2009 did a Charter of Fundamental Rights enter into force, which ranks equal to the Treaty on European Union and the Treaty on the Functioning of the European Union.
The course aims to give an introduction to the sources and standards of human rights protection within the EU legal framework. Through the analysis of EU hard and soft law instruments, CJEU and member states’ case law, and doctrinal contributions the course will analyze the EU fundamental rights system in both its legal and political dimensions.
The course structure is threefold: the first part aims to introduce students to the genesis of fundamental rights law within the ECC/
• Development of the protection of fundamental rights in the history of European integration;
• The role of the CJEU and its interaction with national courts;
• Legal sources of fundamental rights guaranteed by EU-law and their interpretation;
• The EU Charter of Fundamental Rights: adoption, structure and impact;
• EU fundamental rights and the European Convention on Human Rights;
• EU fundamental rights in the larger Public International Law contexts;
• EU as a global actor: promoting democracy and human rights on a global scale;
• The future of fundamental rights in the EU: main challenges.
Learning outcomes and qualification goals:
The course intends to provide students with a deeper understanding of both the EU system of fundamental rights protection and its relationships with the national and international human rights systems.
Students will learn to solve and critically assess legal problems, developing analytical and practical skills, while acquiring relevant knowledge in the human rights area.
The European Union (EU) possesses strong regulatory powers, the use of which, directly or indirectly, affects private subjects within the EU Member States. Nevertheless, not until the late 1960’s did the European Court of Justice (CJEU) acknowledge fundamental rights to be general principles of the then European Economic Community (EEC) law. And not until 2009 did a Charter of Fundamental Rights enter into force, which ranks equal to the Treaty on European Union and the Treaty on the Functioning of the European Union.
The course aims to give an introduction to the sources and standards of human rights protection within the EU legal framework. Through the analysis of EU hard and soft law instruments, CJEU and member states’ case law, and doctrinal contributions the course will analyze the EU fundamental rights system in both its legal and political dimensions.
The course structure is threefold: the first part aims to introduce students to the genesis of fundamental rights law within the ECC/
• Development of the protection of fundamental rights in the history of European integration;
• The role of the CJEU and its interaction with national courts;
• Legal sources of fundamental rights guaranteed by EU-law and their interpretation;
• The EU Charter of Fundamental Rights: adoption, structure and impact;
• EU fundamental rights and the European Convention on Human Rights;
• EU fundamental rights in the larger Public International Law contexts;
• EU as a global actor: promoting democracy and human rights on a global scale;
• The future of fundamental rights in the EU: main challenges.
Learning outcomes and qualification goals:
The course intends to provide students with a deeper understanding of both the EU system of fundamental rights protection and its relationships with the national and international human rights systems.
Students will learn to solve and critically assess legal problems, developing analytical and practical skills, while acquiring relevant knowledge in the human rights area.
All private persons or companies upon entering one of the EU Member States not only come under this single State’s national legal order. They are immediately affected by “European Law”, the law of the European Union granting them certain rights and privileges but also requiring them to comply with certain duties and obligations. The internal market is one of the essential cornerstones of the European Union. The Market Freedomslie at its heart. The free movement of goods, persons,services and capital is essential for unifying the markets while ensuring competition and trade within Europe. The freedoms grant direct effective rights to private persons and legal persons, which can be enforced before national courts, and guarantee the freedom of contract in a transnational perspective.
Learning outcomes and qualification goals:
The course will focus on a systematic survey of the market freedoms by the means of studying the jurisdiction of the European Court of Justice.
General concept of the market freedoms
Development and aim of market freedoms
Leading cases of the European Court of Justice
Function of market freedom fostering integration
Further development of market freedoms
Impact of market freedoms (compliance)
All private persons or companies upon entering one of the EU Member States not only come under this single State’s national legal order. They are immediately affected by “European Law”, the law of the European Union granting them certain rights and privileges but also requiring them to comply with certain duties and obligations. The internal market is one of the essential cornerstones of the European Union. The Market Freedomslie at its heart. The free movement of goods, persons,services and capital is essential for unifying the markets while ensuring competition and trade within Europe. The freedoms grant direct effective rights to private persons and legal persons, which can be enforced before national courts, and guarantee the freedom of contract in a transnational perspective.
Learning outcomes and qualification goals:
The course will focus on a systematic survey of the market freedoms by the means of studying the jurisdiction of the European Court of Justice.
General concept of the market freedoms
Development and aim of market freedoms
Leading cases of the European Court of Justice
Function of market freedom fostering integration
Further development of market freedoms
Impact of market freedoms (compliance)
Development of European private law
The different layers of legal sources
Methods of unification on the European level
Specific regulations and directives
Development of European private law
The different layers of legal sources
Methods of unification on the European level
Specific regulations and directives
European Union Law has an increasing impact on the taxation of private individuals and companies doing business in Europe. While the EU has no original tax authority, its law has a major influence on national tax laws. The module will start with an introduction to European Union Law, repeating especially the legal system of the EU, the four freedoms of the single market and the prohibition of state aids. The course will then focus on the concept of negative integration and explore how the EU is shaping national tax laws through an application of the four freedoms and state aid law. In this context, the case law of the European Court of Justice will also be examined. In a second part, the module deals with a number of European Directives (e.g. the Parent-Subsidiary-Directive, the ATAD as well as the VAT-Directive) that aim to harmonise direct and indirect taxes within the EU.
Repetition of basic principles of European Union Law
Role of the EU in taxation
Harmonisation of national tax law by negative integration (four freedoms, state aid law)
Overview on important case law by the European Court of Justice
Harmonisation of national tax law by positive integration through Directives
Learning outcomes and qualification goals:
Students get a basic understanding of the system of European Tax Law. They learn how European Law influences and limits national taxation. Students are required to analyse the importance of the fundamental freedoms for the taxation in Europe. Moreover, the discussion on the relevant case law should enable them to classify and to evaluate decisions of the European Court of Justice. Students will also be able to apply tax-relevant directives enacted by the EU.
The class is aimed at giving a comprehensive introduction to International Arbitration as one of the most frequent means of alternative dispute resolution in adverse proceedings on the international level. The focus will be on arbitration in commercial disputes between two private parties. Arbitration often is chosen by parties in the belief that it is a superior means of dispute resolution, e.g. because it is said to be time- and cost-efficient, neutral, arbitrators ensure high legal quality and superior understanding of business contexts. In fact, arbitration can be a very reasonable means of solving legal disputes. But whether this holds true in reality will depend on the arbitration rules and venue chosen and the subject matter or the dispute.
Learning outcomes and qualification goals:
The course will cover the following subjects:
Advantages and Disadvantages of Arbitration
Drafting arbitration agreements
Introduction of common arbitration rules (ICC, LCIA, Swiss Rules, DIS)
Initiation of arbitration proceedings
Conduct of arbitration proceedings
Enforcing arbitral awards (New York Convention)
The class is aimed at giving a comprehensive introduction to International Arbitration as one of the most frequent means of alternative dispute resolution in adverse proceedings on the international level. The focus will be on arbitration in commercial disputes between two private parties. Arbitration often is chosen by parties in the belief that it is a superior means of dispute resolution, e.g. because it is said to be time- and cost-efficient, neutral, arbitrators ensure high legal quality and superior understanding of business contexts. In fact, arbitration can be a very reasonable means of solving legal disputes. But whether this holds true in reality will depend on the arbitration rules and venue chosen and the subject matter or the dispute.
Learning outcomes and qualification goals:
The course will cover the following subjects:
Advantages and Disadvantages of Arbitration
Drafting arbitration agreements
Introduction of common arbitration rules (ICC, LCIA, Swiss Rules, DIS)
Initiation of arbitration proceedings
Conduct of arbitration proceedings
Enforcing arbitral awards (New York Convention)
During this course, we will analyze the international legal framework on climate change. The focus will be on climate change and environmental actions on the international level, with special attention to the United Nations climate regime. Furthermore, the influence of the environmental requirements on international trade will be also explored, with a focus on the World Trade Organization rules.
Next to the results of the final written exam, the results of seminar papers will also contribute to the final grade for this course.
Introductory Readings (optional):
- Cassese, Antonio, ‘International Criminal Law’ (Oxford, Oxford University Press, 2008)
- Cryer, Robert, ‘An Introduction to International Criminal Law and Procedure’ (Cambridge, Cambridge University Press, 2010)
- Schabas, William A., ‘The International Criminal Court: A Commentary on the Rome Statute’ (Oxford, Oxford University Press, 2010)
- Werle, Gerhard, ‘Principles of International Criminal Law’ (The Hague, Asser, 2005)
This course aims at providing students with a fundamental understanding of this increasingly important realm of public international law. Thus, in a first approach, an overview both of international criminal law’s theoretical foundation as well as its historical sources will be provided. Adjacently, focus will be given to the ad-hoc tribunals of the 1990s (such as the International Tribunal for the former Yugoslavia) and most prominently to the International Criminal Court (ICC) as the first permanent international organization addressing matters of international criminal justice.
Complementary to this institutional approach, the second part of the course will address material law aspects: Besides the abovementioned crimes as stipulated in the Rome Statute forming the International Criminal Court, attention will be given to further international crimes such as piracy or terrorism. Additionally, questions such as immunity from prosecution for heads of state or government, modes of liability, interdependencies between the national and international judicial sphere and notions of state sovereignty will be addressed throughout the course.
In this course the development as well as the basic concepts of IHL will be explored. Students will be introduced to the most important documents governing armed conflict, learn how to apply these and will consider the challenges posed to the application of IHL in armed conflicts. A large part of the course will focus on the new developments in IHL including the emergence of new forms of armed conflicts and the development and use of new technologies in armed conflict.
Assessment
Assessment for this course will consist of one writing assignment and one open book exam.
The course provides a general introduction to German Constitutional Law i.e. the constitution, its background and contents and methods to work with constitutional legal texts.
The German Grundgesetz (Basic Law) which up to this day forms the formal constitutional document of the Federal Republic of Germany has its roots in the allied occupation of Western Germany after World War II. It has proven to be a reliable foundation for the development of the German democratic system and the federal state. The provision of fundamental rights (Art. 1 – 19) puts the Grundgesetz in the tradition of European and North American human rights thinking. It has had an enormous impact on all German law.
Although experiencing some changes throughout the years – especially during the process of the German reunification – the general structure and main provisions of the Grundgesetz remained unchanged.
The course will cover the structure of the German Grundgesetz and its most important provisions while putting a particular focus on the first chapter containing the fundamental rights provisions. Additionally, students will learn about constitutional law in general, the federal structure and the fundamental constitutional principles of the Federal Republic and its integration in the European Union legal system as well as understand the function of the constitutional organs and the legislative process.
Contents:
• The German legal system
• Constitutional Law
• The Grundgesetz and the European Union
• Fundamental Rights
• Fundamental Constitutional Principles
• The Federal State
• Constitutional organs
• Legislative procedure
• Public administration
• The judicial system
Learning Target:
Students will be able to understand the basic principles and most important provisions of the Grundgesetz and solve simple cases regarding fundamental rights. They will be familiar with the structure of the federal state and its function as well as its most important constitutional, administrative and judicial organs. Students can assess by way of comparison similarities and dissimilarities in other legal systems.
Literature:
No specific textbook is required. Additional reading recommendations will be given in the lecture.
Examination:
Oral Exam.
The module is designed to give a comprehensive survey of German private law, i.e. general rules of private law, commercial law, and civil procedure. An important structural decision of German private law (sic!) is already displayed by the fact that the Civil Code is the ‘law book for citizens’ – today including consumers – whereas particular rules for businesses are comprised in the commercial code, corporate law, and various other codifications. However, both general private law, and commercial law are enforced by the same rules of civil procedure. The German Civil Code is of paramount importance for understanding German law as its concept and system has impressed the legal thinking of generations of German lawyers.
Learning outcomes and qualification goals:
Students will be acquainted with both its sources, and its general principles. In the course of the class students will learn to work with the German civil code, understand the underlying system, influences on the Civil Code from the European Union (EU), and the accepted methods of interpretation.
Introduction to German Private Law
The division between public law, general private law and commercial law
The German Civil Code
Influence from the EU
Basic concepts and means of interpretation ü Function and Content of the General Part
Law of obligations (contracts, torts, and unjust enrichment)
Property Law
Law of succession and company law (including partnerships and corporations)
The system of law enforcement
The module is designed to give a comprehensive survey of German private law, i.e. general rules of private law, commercial law, and civil procedure. An important structural decision of German private law (sic!) is already displayed by the fact that the Civil Code is the ‘law book for citizens’ – today including consumers – whereas particular rules for businesses are comprised in the commercial code, corporate law, and various other codifications. However, both general private law, and commercial law are enforced by the same rules of civil procedure. The German Civil Code is of paramount importance for understanding German law as its concept and system has impressed the legal thinking of generations of German lawyers.
Learning outcomes and qualification goals:
Students will be acquainted with both its sources, and its general principles. In the course of the class students will learn to work with the German civil code, understand the underlying system, influences on the Civil Code from the European Union (EU), and the accepted methods of interpretation.
Introduction to German Private Law
The division between public law, general private law and commercial law
The German Civil Code
Influence from the EU
Basic concepts and means of interpretation ü Function and Content of the General Part
Law of obligations (contracts, torts, and unjust enrichment)
Property Law
Law of succession and company law (including partnerships and corporations)
The system of law enforcement