Inhalt der Hauptseite
Zuklappen
Overview Session 1
In this session, we will cover the necessary basics for the upcoming (online) sessions. Please note that this content is also available via the following videos.
Topics
-
Law | General Introduction
-
Justice | Fairness
-
EU Law | General introduction
-
EU History
-
EU Law | Non Discrimination
-
Law and Time
-
EU Law and Morality
-
EU Law and Ethics
-
EU Law and Religion
-
EU Values
Learning objectives
Students shall be familiar with those basics, necessary for the upcoming (online) sessions.
Zuklappen
Input
Law | General Introduction
What should a person without a legal background know about the law? This micro-lecture covers this and the following questions:
How to define law? | Are there different forms of law? | Who can enact law? | What was the key idea of Montesquieu and how can it explain Brexit? | Are there certain categories of law that carry more ‘legal weight’?
Justice | Fairness
Law and justice ideally lead to the same (good) result, but is this always the case and how to define justice? This micro-lecture covers these and the following questions: What is the relationship of law and justice? | Is there a definition of fairness, respectively justice? | What is fairness and is it different from justice? | What is the difference between non-discrimination and equality? | What is positive discrimination?
EU Law | General introduction
What should a person without a legal background know about EU law? This micro-lecture covers this and the following questions: | Which hierarchy can we find in EU law? | Which interests do the different EU institutions represent? | When can the EU adopt new EU directives or regulations? | In which way can you be affected by EU regulations or EU directives?
EU History
Reflecting on the EU should always start with the initial idea of EU integration, which was to safeguard peace via economic integration (the so-called Schuman plan). This micro-lecture covers the following questions: What was the main purpose for starting EU integration, and how was this purpose achieved? | What is the so-called ‘spill-over’ effect? | How did EU integration further develop?
EU Law | Non-discrimination
Non-discrimination is a key principle of EU law, which applies in various fields and which prohibits discrimination based on various criteria (citizenship, residence, age, gender, sexual orientation, religion or belief, age, disability, etc.) This micro-lecture covers the following questions: How to define discrimination? | Discrimination based on which criteria can be against EU law? | Where do those rules apply? | In which fields can we often observe discrimination?
Law and Time
Law often lags behind and can be challenged by new developments of both science or public opinion. This micro-lecture covers the following questions: Which questions can arise if one discipline (e.g. law) refers to another discipline (e.g. science)? | Since it often takes some time for legislation to be adopted, what approach should be taken in the case of rapidly evolving technologies? | Which decisions should be taken in case of scientific uncertainty? | How can law change over time?
EU Law and Morality
Law and morality both try to determine the right behaviour, challenges can, for instance, arise in the case of double-morality. This micro-lecture covers the following questions: What is the common ground of law, justice, values, morality, ethics and religion? | How do the two concepts of ethics and morality distinguish themselves from each other? | What’s the relationship of EU law and morality?
EU Law and Ethics
Law and ethics both try to determine the right behaviour. But what is the approach of EU law with regard to ethics? This micro-lecture answers this, as well as the following questions: What is the relationship of (EU) law and ethics? | Which approach did Aristotle provide for 'virtue ethics'? | What is the 'categorical imperative'? | What is 'utilitarianism'? | What is the ‘veil of ignorance’ proposed by Rawls? | What is ‘communitarianism’? | How to differentiate ‘deontology’, ‘consequentialism’ and ‘virtue ethics’?
EU Law and Religion
Law and religion both try to determine the right behaviour, yet there can also be conflicts between these two fields. This micro-lecture covers the following questions: What is the common ground of law, justice, values, morality, ethics and religion? | What is the relationship between EU law and religion? | What about discrimination based on religion? | What does the principle of proportionality stand for? | What is the common ground between EU law and public morality on the one hand, and EU law and religion on the other? | How can the motto of the EU (‘united in diversity’) explain the EU’s approach in this regard?
EU Values
Values can be seen as an important bridge between law and philosophy. This micro-lecture covers the following questions: Do values pertain to the legal or to the philosophical field? | Has the EU embraced values right from the beginning? | Which consequence do values have on the relationship of EU Member States? | Which ‘legal quality’ to values have in EU law? | In EU law, are there specific values for specific fields?
Zuklappen
Pre-readings & resources
The following resources are relevant for this session:
- course manual: Frischhut, M. (2017). What one should know about the European Union (EU): A quick introduction to EU law (4th edition). Neuer Wissenschaftlicher Verlag.
- pages 9-59: in detail
- N.B. Brexit update available on Jean Monnet website
- pages 60-77: only rough overview required (On this topic of the fundamental freedoms, please also be aware of the two videos on the website of this Jean Monnet Chair).
- N.B. Instead of this course manual, you are of course more than welcome to use any equivalent book, especially if it is more comprehensive, e.g. Foster, N. G. (2020). EU law directions (7th ed.). Oxford: OUP
- N.B. Both books (Foster; Frischhut) available in MCI's library
- open-access book: Frischhut, M. (2019). The Ethical Spirit of EU Law. Springer International Publishing.
- Freely available open access: https://bit.ly/2OfHBhA
- pages 21-29 (normative theories)
-
- Council video: https://www.consilium.europa.eu/en/council-eu/decision-making/
- European Parliament (please note that we have to discuss updates to this video): https://www.youtube.com/watch?v=clmSKbV5Z9w
Webinar Recording
The webinar recordings (morning and afternoon) will be posted here after the webinar.
- Recording of session | morning:
- Recording of session | afternoon: