Why Universities Should be Teaching EU Law - and How Siniša Rodin Judge, Court of Justice of the European Union

Structure Why Answer to the question “Why?” determines learning outcomes and methodology of teaching (“How?”) How Learning outcomes Dublin descriptors: level 6; level 7 Methodology Textbook memorization v. case analysis Contents What determines contents of teaching?

Why ? Provide general orientation For better understanding of other areas of law “in context” of EU law As contextual information for drop-outs Cater to professional needs Bar Judiciary Government / Public Administration Everything else (e.g. journalists, consumers, professions, etc.)

Provide General Orientation Better understanding of other areas of law Assumption: A basic EU law course needs to cater to advanced “positive law” courses e.g. civil law, family law, company law, etc. Contextual information for drop-outs Below 1/3 of enrolled law students ever graduate The “great filter” is at the 3rd year of the law degree program Many of those who do graduate find employment outside professional legal services sector

The Great Filter: Third Year

CJEU judges Judges National Agent + lawyers Supreme & Constitutional Court Judges Attorneys, Notaries Public Administration Academia Everyone else

National LawPractice SpecializationEU Law Constitutional Law Competences, Scope, Fundamental Rights Anullment Family Law Free Movement, Social Rights Appeals from GC Criminal LawExtradition, EAWPreliminary References Criminal Procedure Judicial Cooperation in Criminal Matters Infractions Civil LawTrademarks, IP Civil Procedure Judicial Cooperation in Civil Matters Company Law Establishment, Competition, State Aid

Bologna CycleLearning Outcomes (random) 1st: Bachelor 3 or 4 yr can apply their knowledge and understanding in a manner that indicates a professional approach to their work or vocation, and have competences typically demonstrated through devising and sustaining arguments and solving problems within their field of study; 2nd: Master 1 or 2 yr have the ability to integrate knowledge and handle complexity, and formulate judgements with incomplete or limited information, but that include reflecting on social and ethical responsibilities linked to the application of their knowledge and judgements 3rd: Doctor 3 yr have made a contribution through original research that extends the frontier of knowledge by developing a substantial body of work, some of which merits national or international refereed publication

The Problem How to achieve learning outcomes within limited studying period, based on specific subject matter that corresponds to needs of students and the profession?

HOW ???

Student / Professor ratio Sequence of learning (entry level competences and course requirements) Disciplinary matrix (discrepancy between course contents, areas of professional practice and structure of EU law) Limitations

Dilemmas Universal intellectuals or legal professionals? Point of entry into profession - 4 or 5 years Facts v. Skills (which skills?) Dumping v. Sequencing of knowledge

EU Law as a general orientation course Objective: transfer basic information about EU and its legal system and transfer entry-level competences which will be one of the entry requirements for Option A: advanced legal courses such as civil law, labour law, company law, etc.; or Option B: advanced legal courses such as internal market law, competition law, State aid law etc.

EU Law catering to professional needs Development of skills such as: Case analysis Problem identification and solving Critical thinking

Case C-378/14 Trapkowski What it takes to understand the case? Mr Trapkowski, resident in Germany, has divorced his wife, who lives in Poland with their child, born in April From January 2011 until October 2012, Mr Trapkowski received unemployment benefit for a certain period. However, from November 2011 until January 2012, and from 1 to 22 February 2012, he was in paid employment in Germany, after which he was paid benefits under German social security law. In August 2012, Mr Trapkowski claimed family benefits for his son from the BfA for the period from January 2011 to October During the period in question, the child’s mother, who was in paid employment in Poland, did not receive or apply for family benefits, either under German or Polish law.

What is relevant? Knowledge of preliminary reference procedure and practice To identify the underlying legal problem and why the Court re-phrased questions Scope of application of EU law and relationship of EU law with national law How to plead the case before national court before and after the reference, including, possibly, phrasing the questions and suggesting them to the national court Ability to find relevant case law of the CJEU and plead it

Is knowledge of national law required to understand the case? Family law? Definition of Family? No! Administrative law? Residence? No! Social security law? No!