Euroopa Liidu Konstitutsioon European Union Constituition

1. Euroopa LiiduKonstitutsioon European Union Constituition Professor Tanel Kerikmäe Assosiate Professor TatjanaEvas TTÜ Õiguseinstituut

3. European Union Constitution(HOL7001) • The course is English language e-course that is possible to organize completely as total e-course (2discussion seminars) • The same course is also offered in Estonian and Russian languages

4. Objectives and Target Group • The main objectives of the course are: • Advance and deepen knowledge of EU law, importantly, focusing on practical aspects as well as on the key substantive law. • Provide its participants with a guidance and essential tools to develop legal knowledge and professional skills necessary to understand on a more advanced level the legal complexities of the current fundamental challenges of the EU law. • The course is designed for advanced students in EU law (master level). The course answers to the need of law students and professionals for a more interactive, flexible and practice oriented learning as well as for the increasing need of legal professionals to have in depth understanding of the EU law.

5. Learning outcomes As a result of the course participants 1. develop their understanding of EU Constitutional law2. extend and update their knowledge of the EU law3. analyze recent cases and write critical position papers on the contemporary EU law issues4. evaluate the current constitutional reforms of the European Union5. formulate, defend and examine position of national constitutional courts in relation to the development of EU law, including doctrine of supremacy and direct effect, Lisbon Treaty, European Arrest Warrant and European Financial Stability Facility.6. Question, apprise and formulate their opinion on the theoretical positions on the future democratic development of the European Union.

6. Why e-course? • CONTENT: Two important considerations: • A lot of reading materials(legal theory and case law) • Each legal jurisdiction is different (provides students with possibility to deepen knowledge in the specific jurisdiction). The course provides an individually tailored (jurisdiction wise) writing assignments INTERACTION AND QUALITY: • The discussion and continuous interaction is very important • The course has a lot of materials – the benefit of the e-course is that the materials are easily available • TIME: learning with individual pace at the covenient time, this is especially important for student to whom English is not native langue, student who are combining MA studies and work and Erasmus students • DISTANCE LEARNING: Provides for possibility for students to take course not necessarily being present in Tallinn

7. The main topics covered in the course • Structurally, the course consists of modules focusing on the various EU institutional and substantive matters, including, • the development of EU constitutional law and the Lisbon Treaty reform, • constitutional doctrines of EU Member states and their interaction with EU law, • EU law fundamental principles, • accession of EU to the ECHR, • European Arrest Warrant, • European Financial Stability Facility.

8. Assignemnts All assignments are facilitated through moodle platform Assignments include: • Individual critical research papers • peer-reviews • Position Papers • Group work All assignments are interactive and include individual feedback of the instructor through skype and e-mail

9. Example peer-reviewed research paper ‘Homework Assignment 1’ • 1) Text of Lisbon Treaty http://europa.eu/lisbon_treaty/index_en.htmStructure, innovations, comparison with the constitution of your home country2) Working with reading material:a) Jean Monnet Working Paper 03/09, Sergio DellavalleConstitutionalism Beyond the Constitution (http://centers.law.nyu.edu/jeanmonnet/papers/09/090301.html)Compare the features of Lisbon treaty and traditional (European) constitutionsb) Jean Monnet Working Paper 04/09 Laurent Pech The Rule of Law as a Constitutional Principle of the European Union (http://centers.law.nyu.edu/jeanmonnet/papers/09/090401.html)Identify distinct features of EU constitutionalism5 pages essay on court cases of your home country related to implementation of EU law, European constitutional values

10. Learning Process • learning by doing” approach. Participants are guided in the learning process through learning and support materials (texts, audio and video materials), independent research and interactive exercises (to consolidate their knowledge). • Each study module clearly provides • 1) Learning Instructions: • 2) Learning objectives: • 3) Learning outcomes and evaluations basis

11. Learning Process • At the end of the each thematic block students are tested through written essay assignment. • The instructors provide continuous individual (through skype) and collective feedback (through Moodle platform) throughout learning process thus giving participants an opportunity to maximize their personal learning experience. • To meet the course objectives thought the learning process the course is structured to emphasizes • a) development of critical analytical and research skills through exercises aiming at the independent academic research and • b) active debates between participants and instructors.

12. Learning Process • (Homework Assignment 1: Peer review Instructions • Download all ‘Homework Assignment 1’ prepared by your colleagues from moodle. • Summarize the main arguments of each essay. Please concentrate on the constitutional challenges and interaction between EU and national law. • Compare constitutional challenges in your jurisdiction with the constitutional problems in other legal jurisdictions. • Write four critical questions to each essay (support your arguments with reference to the case law and or academic literature). Please clearly indicate the name of the essay. • Upload questions to the moodle platform. • Evaluate each essay (see evaluation template). • Upload evaluations to the moodle platform. • Write two peer review notes for two essays (essays are assigned by the instructor). • Download from moodle questions, evaluations and peer reviews on your essay prepared by your colleagues. • Prepare responses to the questions and criticism. • Finalize your presentation of the ‘Homework 1’ • Upload your presentation that summarizes the main points of the Homework 1 essay and provides a response to the main issues of criticism from peer-review evaluations to the moodle platform.

13. Example: Learning Instructions Topic 5: Democratic Development and Reform of the EU • Read chapter 8 ‘What deficit? The EU System of Democracy’ from Rosas/Armati “EU Constitutional Law: An Introduction” • Listen to the keynote lecture by Timothy Garton-Ash ‘What Europe for our grandchildren’ presented at the Oxford University European Reunion (2011). The lecture (43 minutes) discusses European Union and its future. The lecture is available here http://podcasts.ox.ac.uk/what-europe-our-grandchildren-audio • Write a 1-2 pages position paper summarizing the main challenges and the offered solutions to the EU in 20-30 years suggested by Garton-Ash followed by your own position. Do you agree/disagree with Garton-Ash? Why? What could be the alternative visions of the current state of affairs in the EU? (tip: you may refer to a) the current debates in the EU and/or in your country to support your position; b) RECON conference debates discussed during our last class; c) cases/discussions presented in the book by Rosas/Armati) • Upload your position paper to the moodle forum

14. Study Materials • The course includes a lot of reading materials: case law and academic publications • For this advanced course it is not possible to use only one book because one of the aims of the course is to provide a broad overview across various constitutional jurisdictions and academic approaches on the current challenges in the EU • The study materials include texts (in pdf), audio materials and video livestreams

15. Study Materials Example: Topic 2: Interaction between EU and national courts: Legal Principles and ‘Hard cases’ • Study and Reading Materials 2 (learning material, pdf text) • Instructions and Example of the Case note (learning material, pdf text) • Research Task 1: Table for the Preliminary References from home jurisdiction (template/ learning material) • EUR-LEX databasehttp://eur-lex.europa.eu/en/index.htm (database/learning/reference material)

16. Evaluation • 40 % Written Final Examination 35 % Writing assignments uploaded in Moodle20 % Participation and Discussion (attendance, logins, discussion contributions in Moodle) 5 % online tests