The first essay's topic is:
"The balance of power between the European Institutions"
The essay should be no longer than three typewritten pages, please leave a sufficient margin for remarks. Remeber, an essay is a brief analysis and should reflect your opinion/view of the issue. You can find some further information here. Please get back to me if you have any questions.
The essay will be due on the 18.11.2003, you may submit it by email.
The topic of the second essay is:
"Horizontal/indirect applicability of (not timeously implemented) EU-Directives"
The remarks on the format to the first essay apply. The essay will be due on Monday, 22 December.
For a discussion of the relevant legal problems surrounding this Essay topic you may want to consult the searchable database of the ECJ (http://www.curia.eu.int). Through the search engine on that site (keywords e.g. directive horizontal applicability) you should find judgements (such as Marleasing C-106/89, Faccini Dori C-91/92 and Unilever C-443/98) and (more interestingly) the opinions of the advocats general (note: you will find these opinions only through the searchable database). You may also find material by a general Internet search. That should give you enough material to think about. Otherwise you may also refer to the book on EU-Law in the library for a start (the Faccini Dori case (C-91/92) is a good start).
If you have any problems please discuss those first with your fellow students (which is not to say that you should hand in identical essays!). If you do not find a satisfactory answer, send me your questions by email. I do not know yet to what extent I can check my emails in Minsk but I will do my best.
The topic of the third essay is:
Discuss the following statement:
"[B]oth 'Gourmet International Products' [C-405/98] and 'TK Heimdienst' [C-254/98] suggest that the selling arrangement/product requirement distinction proposed in 'Keck' will not always answer the question of whether a measure falls outside the scope of Article 28 or not. [...] Given that many selling arrangements may not operate equally in fact [and in law], the 'Keck' solution to the over-extension of Article 28 [as a consequence of 'Dassonville'] will be of limited utility"
In your answer you may want to consider the following judgements (and opinions of the advocate general -- via the searchform on the ECJ-website with the signatures of the judgement): 'Leclerc-Siplex' (C-412/93), 'De Agostini' (C-34-6/95), 'Vereinigte Familiapress' (C-368/95). In 'Leclerc-Siplex' Advocate-General suggested as an alternative solution a test of 'substantial' hindrance.
The remarks on the format to the first essay apply (3 pages,
typewritten, margin). The essay will be due on Monday, 05 January (please send your essay by email).
If you have any problems please discuss those first with your fellow
students (which is not to say that you should hand in the same essay!).
If you do not find a satisfactory answer, send me your questions
by email.