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Peace and the Legal System
Professor Per Christiansen
Faculty of Law
Teaching: 10 lectures of 45 minutes
Mandatory reading:
Craig, Paul and de Búrca, Gráinne: EU Law. Text, Cases, and Materials. Oxford University Press, 1998, 2nd edition. 0-19-876509-6 (GBP 27.99, paperback) or 3rd edition. 0-19-924943-1 (GBP 32.99, paperback).
(a) Only the following chapters in the 2nd edition:
1. The Development of European Integration
2. The Institutions
3. Community Legislation and Policy-Making
on pp. 3 to 162 and
7. The General Principles I: Fundamental Rights
8. The General Principles II: Proportionality, Legitimate Expectations, Non-Discrimination and Transparency
on pp. 296 to 371 and
10. Preliminary Rulings and the Building of a European Judicial System
on pp. 406 to 452.
(b) Only the following chapters in the 3rd edition:
1. The Development of European Integration
2. The Institutions
3. The Scope of Community Powers: Instruments, Form, and Legal Basis
4. Community Legislation and Policy-Making
on pp. 3 to 177
8. General Principles I: Fundamental Rights
9. General Principles II: Proportionality, Legitimate Expectations, Non-Discrimination, and Transparency
on pp. 317 to 396 and
11. Preliminary Rulings and the Building of a European Judicial System
on pp. 432 to 481.
Combined number of pages: 280(a)/300(b). The book may be bought at Akademisk kvarter (the University bookshop) at about NOK 400.
Auxiliary material:
A compendium of legal texts, including the original ECSC Treaty and the current EC Treaty and EU Treaty, and some other texts could be used in conjunction with the reading of the curriculum and the lectures.
Learning requirements for the course:
The aim of the course is to familiarise the student with essential aspects of a judicial system linking together independent states in a common judicial area. The case of the European Union will be examined for the purpose. The following aspects will be emphasised:
a) The origin of the European Coal and Steel Union and the Community method
b) The European Union Construction with an emphasis on federalisation
c) Legislation in the European Community
d) Dispute settlement in the European Community
The intention is to provide the student with a basis to understand the legal mechanisms at work in the European Union to handle conflicts between participating states in a peaceful way. The logic is that war between states shall be prevented not by keeping states apart, but by engaging states in close and legally binding co-operation. The process starts with the question: How do you treat your enemy? and continues with the question: How do you deal with your adversary?
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