Course description

The founding of the Council of Europe in 1949 and the European Coal and Steel Community two years later ushered in an era of unparalleled international cooperation and led to the creation of new supranational courts. Over more than seventy years, these organizations have transformed into two of the world's most powerful regional organizations. Today, the Council of Europe (‘COE') comprises forty-seven States with more than 820 million inhabitants, traversing Europe's entire continent. Of its more than 200 international conventions, the most renowned is the European Convention on Human Rights ('ECHR or 'the Convention'). The Convention's interpretation is entrusted to the European Court of Human Rights ('the Strasbourg Court').

The European Union ('EU') traces its history back to the European Coal and Steel Community, founded in post-war Europe. It is now a formidable political, legal, and economic union of unrivalled power and enacts binding laws for more than 500 million European Union citizens in twenty-seven States. The EU legal system is uniquely integrated with its Member States' legal systems. EU laws have supremacy over all national laws, including national constitutional laws, in areas where the EU has legal competence. The EU's apex court, the Court of Justice of the European Union (the 'Luxembourg Court'), has the authority to provide binding interpretations of EU law for all EU Member States.

Both the Council of Europe and the European Union have long been the subject of litigation and lobbying by civil society actors. This course draws upon the disciplines of history, political science, and law. It explores the actors and ideas behind the founding of these two powerful regional organizations. It introduces the main theories of European integration and the role that principled actors have played in the development of key legal doctrines. The relationship between civil society mobilization and European legal integration is explored through case studies on gender equality, minority rights, and the environment. The course concludes by addressing the current challenges faced by regional organizations seeking to integrate a diverse and increasingly divided Europe.

The language of this course is English. To participate in this course, register with campus management. All course materials are provided on Blackboard. Prepare for weekly seminars online on Webex on Fridays from 12:00-14:00 CET (Central European Time). These seminars will provide an opportunity for the participants to debate and discuss each topic and will include a Q&A session to assess the participants understanding of the readings. Questions on Blackboard will guide your preparation. Access to this online seminar will be provided weekly by email via Webex invitation to all participants. This course is best suited to students who have already studied European Union law.

The final grade awarded will be assessed based on the short essay (70%), presentation (20%) and participation in class discussions (10%). Participants must write a short essay (5 pages max or 2,500 words) on one of the contemporary challenges facing the EU or Council of Europe (70%). This short essay must be submitted by email on or before the 8th of January 2021 (j.schoenfeld-quinn@fu-berlin.de). In addition, all participants must give an online presentation (either individually or as part of a group) once during the semester on any aspect of the course that is of interest to them (20%). This online presentation can be based on any topic covered during the course including those addressed in the short essays. Presentations will followed by a Q&A session (max 10 minutes) to provide classmates with an opportunity to discuss the topic in question. Further marks will be awarded based on class participation (e.g. participating in the Q&As, and in-class discussions) (10%). The marking scheme for the course is the same as for other law subjects (0-18). The above weighting 70%, 20%, 10% will be applied in calculating your grade.

Upon completing this course, successful participants will receive 5 ECTS and proof of 'language skills in English' under § 8(2) of the Fremdsprachenfachkompetenz.

Course schedule

Topics	Dates
Part 1: Introduction: 1. The Idea of a United Europe	6 November 2020
2. The Council of Europe and the European Union	13 November 2020
Part 2. European Integration Theory
3. Neo-functionalism and Liberal Intergovernmentalism	20 November 2020
4. Revised neo-functionalism and Multilevel Governance	27 November 2020
5. Historical institutionalism and Europeanization	4 December 2020
Part 3: Two Supranational Courts
6. The Court of Justice: Agent or Trustee?	11 December 2020
7. The Influence of the European Court of Human Rights	18 December 2020
Part 4: Civil Society, Social Movements and European Integration
7. Gender Equality	8 January 2021
8. Non-Discrimination in European Union Law (inc. Race, Disability and Age)	15 January 2021
9. LGBTI Rights in the COE and the EU (a ‘twin court’ strategy)	22 January 2021
10. Environmental Law & Policy	29 January 2021
Part 5: Contemporary Challenges
11. Are European integration theories obsolete?	5 February 2021
12. Concluding Class & Final Presentations: Integrating a Divided Europe: Contemporary Challenges and Future Directions	12 February 2021

close