Student presentation topics
The lectures will consist of a presentation and introduction to the topic by Prof. Matthias Oesch, followed by student presentations on one of the topics listed below. There will be a class discussion on the presentations and on the topic of the week in general, so please do come prepared.
The presentations will count 50% of the final grade and, as such, should be with duration of 15 minutes. They should describe in a clear and comprehensive manner the selected topic. All the presentations will be uploaded on the LehrstuhlOesch’s website (under LehrveranstaltungenUnterlagen) for the purpose of facilitating your exam preparation, since matters discussed during and after the student presentations are part of the exam materials.
Please do note that course attendance is mandatory, and active participation will also be taken into account for determining the final grade.
Bellow you will find a list with the topics that were assigned during the first organisational lecture on February 23, as well as the rest of the free topics that you could choose to do your presentation on. For those that want to attend this course and haven’t yet chosen a topic, please do choose a topic from the remainingones and send your choice by e-mail to KirilMitrov ()
Lecture 2 (23 March): Brexit
Assigned topics / NameAgreement EU-UK “setting out the arrangements for its withdrawal” (Article 50 TEU): citizens’ rights / Elsa Lengeler
Free topics
Agreement EU-UK “setting out the arrangements for its withdrawal” (Article 50 TEU): Ireland and Northern Ireland
Agreement EU-UK “setting out the arrangements for its withdrawal” (Article 50 TEU): financial obligations
Agreement EU-UK “taking into account the framework for its future relationship” (Article 50 TEU): transitional period
Agreement EU-UK “taking into account the framework for its future relationship” (Article 50 TEU): possible contents of a future agreement EU-UK / typology of treaties of the EU with third states which could serve as a model for a future trade agreement EU-UK
The (planned) EU Withdrawal Bill: Content, Function, Relevance
Legal status of treaties of the EU (and, in the case of mixed agreements, the EU member states) with third countries after Brexit
Role of the European Parliament in the Brexit negotiations
Lecture 3 (20 April): The EU and Fundamental Rights
Assigned topics / NameThe EU and the protection of fundamental rights: development of the general principles of law / Leonie Ritscher
The (planned) accession of the EU to the ECHR – what implications for the CJEU? (cf. also the ECJ Opinion 2/13) / Ivan Gunjic
The Dublin system and fundamental rights (s., e.g., ECtHR M.S.S. v Belgium and Greece; ECJ joined cases C-411/10 and C-493/10) / Jan Březina
The EU, financial crises, structural reforms (e.g., in Cyprus) and fundamental rights – is there an obligation for the EU institutions to respect and promote human rights when acting outside the treaty framework? (s., e.g., ECJ joined cases C-8/15 and C-10/15; ECJ joined cases C-105/15 and C-109/15) / Sophie von Wartburg
Lecture 4 (27 April): The EU and the People
Assigned topics / NameThe “selling” of citizenships by EU member states to third country nationals / Laurence Keppeli
The European citizen’s initiative – an effective tool of participatory democracy or good marketing? / Kristina Winter
The influence of the people on EU international agreements – the cases of CETA and TTIP / Lily-Ann Barraud
The role of national parliaments in EU decision-making: the early warning mechanism / ViktoriaMartianova
Free topics
The CJEU and EU citizenship judicial activism or necessary involvement?
The role of national parliaments in EU decision-making: the early warning mechanism
Lecture 5 (11 May): Common Commercial Policy and Common Foreign and Security Policy
Assigned topics / NameRole of the European Parliament in negotiating and concluding international trade agreements – evolution and state of play / Andreia de Oliveira
Role of the European Parliament in the Common Commercial Policy and the Common Foreign and Security Policy – a comparative analysis / Krzysztof Adam Gorski
Free topics
EU competences in the Common Commercial Policy after Lisbon (cf. also ECJ opinion on the planned EU-Singapore Agreement)
Mixed agreements: advantages and disadvantages
UN Security Council resolutions (sanctions), the CJEU and fundamental rights:
-Are human rights respected when implementing sanctions (s. ECJ joined cases C-402/05 and C-415/05)
-How are UN ‘smart’ sanctions implemented under EU law (s. also ECJ case C-130/10)
Permanent structured cooperation (PESCO) on security and defence
Role of the European Parliament in the Common Commercial Policy and the Common Foreign and Security Policy – a comparative analysis
Lecture 6 (25 May): The Rule of Law in EU Law – with a Special Focus on Poland
Guest lecture. No student presentations on this week.
Lecture 7 (1 June): Bilateral Relations Switzerland-EU
Assigned topics / NameMass immigration initiative: the compatibility of the “priority of inhabitants light”) with the Agreement on the Free Movement of Persons / Alejandra Adriana MontielJusto
The relationship between the bilateral agreements and Swiss (constitutional) law in Switzerland / IchiroKusama
Free topics
The relationship between the bilateral agreements and Swiss (constitutional) law in Switzerland
The relevance of the Citizens’ Rights Directive for the bilateral relation Switzerland-EU
Dynamic adoption of EU law based on the bilateral agreements and the democratic deficit which goes therewith
Possibilities of third country courts to request a preliminary ruling from the CJEU (de legeferenda)
Introverted tradition of constitutionalism and the lack of constitutional provisions reflecting the relevance of stable and close relations with the EU in Switzerland (possibly with a side glance at other European countries)
The possibility of Switzerland to engage in decision-shaping in the law making-process of the EU
Status of Swiss citizens in the UK and UK citizens in Switzerland after Brexit: Article 23 of the Agreement on the Free Movement of Persons
Mass immigration initiative: the compatibility of the “priority of inhabitants light”) with the Agreement on the Free Movement of Persons
The (planned) institutional framework agreement: possible mechanisms for resolving disputes between the parties / legality, from the perspective of EU law, of dispute settlement bodies for resolving disputes arising under (trade) agreements, which are based on EU law, with third countries