The rule of law and mutual trust in global and European governance

Respect for the rule of law has become a major concern in the European Union. As a number of Member States have challenged this common value, the EU institutions have responded by adopting numerous instruments, not without facing major conflicts and tensions. These instruments have been widely criticised in both their adoption and implementation, with observers, academics and political actors alike lamenting that "too little too late" has been done to halt the gradual or rapid dismantling of the rule of law.
The objective of this course is to examine the instruments available to the EU to address the lack of respect for the rule of law. It examines two core principles in the EU - the rule of law and the mutual trust. The politics of the rule of law are examined with prof. Coman. The legal aspects of these two principles are discussed by prof. Rizcallah.
The course begins with a discussion of these two principles and how they have evolved over time. It then looks at their centrality in the development of the EU as a polity.
It focuses on the politics of the rule of law by tackling questions such as:

• How does the European Commission fulfil its role as guardian of the treaties?
• What is the role of the Council?
• How has the European Parliament sought to shape the EU’s rule of law policy?
• When and why do we see the European Council playing an increasing role in this debate?
• What is the role of the Court of Justice?

It discusses the centrality of the principle of mutual trust, with a focus on:

• What prompted the inclusion of the rule of law and fundamental rights in EU legal texts, and how has this evolved over time?
• What specific role does the EU play in safeguarding these core values?
• Why is the protection of judicial independence at the national level vital for the effective functioning of the EU as a whole?
• How does the principle of mutual trust shape the legal framework and governance of the European Union? 

19/09 - Lecture 1: The rule of law on the EU agenda. How did we get here? (R. Coman)
26/09 - Lecture 2: The protection of EU values from a legal perspective (C. Rizcallah)
03/10 - Lecture 3: The EU’s rule of law policy. Hard and soft tools. Challenges. The role of the European Commission (R. Coman)
10/10 - Lecture 4: The politics of the rule of law. The Commission. The EP. (R. Coman)
17/10 - Lecture 5: The politics of the rule of law. The Council. The European Council. (R. Coman)
24/10 – Lecture 6: The protection of fundamental rights in the EU – (C. Rizcallah)
07/11 – Lecture 7: The protection of Judicial independence in the EU (C. Rizcallah)
14/11 – Lecture 8: The principle of mutual trust between the Member States a new constitutional principle of EU law based on EU common values (C. Rizcallah)
21/11 - Lecture 9:  In-class presentations (R. Coman and C. Rizcallah)
28/11 - Lecture 10:  In-class presentations (R. Coman and C. Rizcallah)
5/12 - Lecture 11: In-class presentations (R. Coman and C. Rizcallah)
12/12 - Lecture 12:  Conclusions and Q&A session (R. Coman and C. Rizcallah)
 

Upon successful completion of this course, participants will be able to:

• Explain the nature of the different rule of law policy instruments established by EU institutional actors over the past decade
• Understand the legal dimension and the politics of the rule of law in the EU
• Explain de functioning of the principle of mutual trust in the EU
• Understand the role of the EU in protecting values such as the rule of law and fundamental rights

Required and Corequired knowledge and skills

A good understanding of the EU, its institutions and decision-making procedures. 

This course is composed of lectures and in-class discussions and presentations.
The lectures will be supplemented by group presentations by the students.
The presentations are meant to complement the lectures.

Contribution to the teaching profile

This course provides for an interdisciplinary and comparative understanding of the rule of law and mutual trust in global and European governance. 

References, bibliography, and recommended reading

The list of compulsory and recommended readings is available on the Université virtuelle. 

Course notes

• Université virtuelle

Additional information

Room: TBD
Class web page : Université Virtuelle 
Office hours

• Ramona COMAN: on request; Office: @ the Institut d'études européennes av. F D Roosevelt 39 
• Cecilia RIZCALLAH: on request; Office: @ Institut d'études européennes av. F D Roosevelt 39 

Contacts

Prof. Ramona Coman Ramona.coman@ulb.be Prof. Cecilia Rizcallah Cecilia.rizcallah@ulb.be

Campus

Solbosch

Method(s) of evaluation

• written examination
• Oral presentation

written examination

Oral presentation

Assessment: in-class presentations (groups of four students, 40%), participation (10%) and written exam (50%)

Mark calculation method (including weighting of intermediary marks)

In-class presentation by groups of four students (40%): (see detail in the outline of the course on the UV)
In-class participation during the group presentations (10%):

• During the presentations, non-presenting students will be invited to provide feedback on the presentations of their peers and participate to the Q&A session.

Written exam (2h30) in January (re-sit exam in August):

• The exam will comprise two questions:
  • The first question will focus one of the topics addressed in the first part of the class taught by Prof. Ramona Coman (including lectures and the 8 compulsory readings)
  • The second question will be about the second part of the class taught by Prof. Cecilia Rizcallah (including lectures and the 5 compulsory readings)

Language(s) of evaluation

• english