Judicial Protection and Enforcement of EU Law

Course goals

After this course:

• The students develop a deeper understanding of European Union law, particularly the system of judicial protection and enforcement in the EU, and gain insights into how EU law takes effect and is applied within the Member States and how it shapes and transforms;
• The students are able to critically evaluate relevant academic literature and developments in the field, and reflect on their implications for theory and practice;
• The students are able to find, analyse, explain and apply EU legal provisions and case law, use legal reasoning effectively, and solve complex legal cases in writing, both individually and in a team, including in a moot court setting;
• The students are able to clearly and effectively present collected materials, arguments and legal reasoning orally, including in a moot court setting;
• The students are able to critically reflect on their (professional) performance in the moot court setting.

Content

This course provides a comprehensive insight into the challenges arising from the application of European Union law within the national legal orders of the Member States. It focuses in particular on the relationship between EU and national judicial systems and on the mechanisms that ensure the effective enforcement of EU law and effective judicial protection of individual rights in the EU. Throughout the course, students also deepen their understanding of how EU law operates in practice within different Member States.

The course combines substantive doctrinal knowledge with a strong practical component. Central topics include the architecture of the EU system of judicial protection (encompassing both EU and national courts), as well as key doctrines such as direct effect, consistent interpretation, primacy, state liability, and procedural autonomy. In addition, the course addresses the enforcement of EU law in national legal systems and its influence on general principles of (public) law, including legal certainty, transparency, the rights of defence, and proportionality. These topics are approached from the perspective of the EU as an integrated legal order.

A central component of the course is a moot court exercise, which is integrated throughout the course and supports the progressive development of students’ legal and professional skills and knowledge. Through the moot court the students actively engage with the material. In this context, students learn to apply EU legal principles and case law to a hypothetical case, develop structured legal reasoning, and formulate persuasive written and oral arguments. The moot court also enhances skills in legal analysis, enabling students to work effectively both individually and as part of a team, as well as strengthening their oral advocacy.

Active participation on a weekly basis is mandatory, particularly in the analysis of EU and national case law and in the preparation of the moot court.

• Compulsory course in the specialisation 'European Law'