Universität Wien

030619 KU Current Constitutional Problems of the European Union (2026W)

4.00 ECTS (2.00 SWS), SPL 3 - Rechtswissenschaften
Continuous assessment of course work
Moodle
Fr 30.10. 10:00-14:00 Seminarraum SEM31 Schottenbastei 10-16, Juridicum, 3.OG

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Details

max. 46 participants
Language: English

Lecturers

Classes (iCal) - next class is marked with N

  • Thursday 05.11. 10:00 - 14:00 Seminarraum SEM31 Schottenbastei 10-16, Juridicum, 3.OG
  • Friday 06.11. 10:00 - 14:00 Seminarraum SEM31 Schottenbastei 10-16, Juridicum, 3.OG
  • Thursday 12.11. 10:00 - 14:00 Seminarraum SEM31 Schottenbastei 10-16, Juridicum, 3.OG
  • Friday 13.11. 10:00 - 14:00 Seminarraum SEM31 Schottenbastei 10-16, Juridicum, 3.OG

Information

Aims, contents and method of the course

This is an advanced, discussion-based course. It zooms in on partly classic, partly newer, but in both cases still very much unsettled, constitutional problems of and in the European Union. Particular attention shall be paid to the rule of law crisis in some of the Member States, such as Poland, Hungary, or Slovakia, and its implications for horizontal as well as vertical relationships within the Union. Such issues and their frequently unsatisfactory, temporary solution make good material for newspaper articles and the accusations of Union´s shortcomings. But what are, in fact, the real choices and options in such situations, within the current constitutional system of the European Union?

The aim is to analyse (often quite abstract) constitutional notions through their real life meaning and application. Not only might a value or a notion have different meanings in the abstract, but their translation, articulation into real life legislation or judicial decisions might differ as well. Above all, however, behind abstract notions and ideas are real life problems and actual humans. The approach to the problems listed below shall therefore be primarily through cases or case studies, analysing and critically discussing the various constitutional choices made.

Introduction: What is the Union? The Internal Market and/or Beyond
Division of Competences and the Scope of EU Law
Legislation without Coercion? Regulating by Soft Law
Mutual Recognition and Mutual Trust
Primacy and the Open Constitutional Settlement of the Union
The Rise of Member States Unilateralism: Revolt without an Exit?
The Rule of Law Crisis I: the Origins
The Rule of Law Crisis II: Structural Implications for the Union
The Rule of Law Crisis III: The Values of the Union
Conclusions: Democracy and the changing Legitimacy of the Union

Assessment and permitted materials

Students will be asked to read cases and materials that will form the examples for class discussion. Each class shall start with one or more students´ presentation that shall summarise and propose key issues for discussion on each of the topics tabled. The written exam has the form of a final paper, where the issues tabled and discussed in the class are reflected upon.

In class presentation = 40 %
Written exam in the form of the final class paper = 60%

Minimum requirements and assessment criteria

Students wishing to take this course ought to have a basic understanding of the European Union and its institutions.

Examination topics

Reading list

A detailed reading list will be provided in advance. All reading materials will be available electronically in the Moodle.

Association in the course directory

Last modified: Sa 03.10.2026 11:45