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ARGUMENTATION AND METHODOLOGY. WHY?. Critically reflect upon EU law Engaging with new developments of EU law Social aspect Complimentary aspect . WHAT?. Methodology of the judiciary at EU level Autonomous -, teleological -, and text- based interpretation Precedent

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Presentation Transcript
slide2
WHY?
  • Critically reflect upon EU law
  • Engaging with new developments of EU law
  • Social aspect
  • Complimentary aspect
slide3
WHAT?
  • Methodologyof the judiciary at EU level
    • Autonomous-, teleological-, and text-basedinterpretation
    • Precedent
    • Accessing the court, pleadingbefore the court
  • The importanceof legal culture
    • The EU story
    • Stories from the memberstates
    • Lawaftermodernity
    • Lawyer as an innovator
so now what
SO NOW WHAT?
  • Assessment
    • Participation (30%)
    • Writtenassignment(70%)
      • EuropeanLawMoot Court
      • Writtenassignment
    • Oral assignment
        • Workin group
        • Mini-mootcourt
european law moot court competition 2013 2014
EUROPEAN LAW MOOT COURT COMPETITION 2013/2014
  • Case M-564/13 Spyridon and others
  • http://zealot.mrnet.pt/mootcourt/index.php?article=124&visual=1&parent=16&id=16
assessment step by step
ASSESSMENT: STEP BY STEP
  • Individualwritten submission
    • 20 December deadline
    • therese.nyholm@jur.lu.se
    • Part question 3 only
    • Max 3000 words
  • Oral exam (2014)
reading tips
READING TIPS
  • Internal market, constitutionallaw, principlesofEuropean business lawcourses
  • A Scalia and B Garner Making your case: The art of persuadingjudges(Thomson 2008) – for oral presentation, general tips but NB USA-based
which exercise
WHICH EXERCISE?

IN THE LEGAL PROFESSION, CRITICAL THINKING IS A PREREQUISITE

It includes separating fact from speculation, weighing competing theories/arguments, analysing law, policy, case law, opinions, decisions, recommendations etc. and deducting the important points therein

to think about
TO THINK ABOUT
  • BE CLEAR AS TO WHAT YOU ASK THE COURT TO DO
  • BE CERTAIN THAT THE COURT HAS THE JURISDICTION TO DO WHAT YOU ASK
  • THE COURT SHOULD UNDERSTAND THAT WHAT YOU SUGGEST TO DO IS THE BEST SOLUTION
    • Whatmotivates the CJEU?
    • Be objective in your arguments
    • Arguments should make logical sense
an argument v a good argument
AN ARGUMENT V. A GOOD ARGUMENT
  • An argument offers a conclusion, and supports this conclusion with reasons.
  • Conclusionsarestatementsthatcan be bothtrue and false. An argument, however, can be valid, invalid, sound, unsound, weark, coherent
    • Defendant is named George. Guilty starts with ‘g’. Therefore George is guilty.’
slide11

No rules in the handbookarecapable in themselvesofmaking brilliant performanceoutofthosewhointendtodispensewithpractice and exercise

ca 30 B.C.