Not available in 2016/17
LL4AC Half Unit
Legal Accountability and Redress of Grievance in the EU
This information is for the 2016/17 session.
Professor Carol Harlow and Professor Richard Rawlings
This course is available on the Master of Laws and Master of Laws (extended part-time study). This course is available with permission as an outside option to students on other programmes where regulations permit.
The course is open to students with and without a law degree. Students of public administration are welcome. A knowledge of the structure of European institutions is desirable. Specialisms: EU law and Public Law. This course is capped at 30 students. Students must apply through Graduate Course Choice on LSEforYou.
The objective of our course is to reflect on issues that arise for lawyers from the exponential growth of transnational systems of administration, which are not necessarily amenable to the traditional machinery for administration. We focus on the rapid judicialisation of public administration but focus on a particular supra-national polity, the EU. GSSC 12/34 15 May 2013 Objectives: • To instil understanding of public administration outside the state and more particularly in the EU • To promote understanding of problems for modern administrative law in the context of globalisation • To study inter-court relationships in the context of the EU • To study other forms of dispute resolution, especially the European Ombudsman and European Network of Ombudsmen • To encourage group learning • To promote spoken expertise • To familiarise students with comparative administrative law materials and teach research methods
20 hours of seminars in the LT. 2 hours of seminars in the ST.
Students are expected to submit a 2,000 word essay during the course, to be returned with detailed comments. Note that student participation and group cooperation is very important in this course and opportunities will be provided for student presentations.
The recommended text, C Harlow and R Rawlings, Process and Procedure in the EU (Oxford: Hart Publishing, 2014) is made available online where appropriate. Two excellent reference books, P. Craig, EU Administrative Law (Oxford: OUP) 2nd edn, 2012 and H. Hofman, G Rowe and A Turk, EU Administrative Law and Policy (Oxford: OUP, 2011) are available in LSE, UCL and IALS libraries. A comprehensive, multi-disciplinary literature survey by A Stone Sweet, The European Court of Justice and the Judicialization of EU Governance, Yale online Living Reviews in EU Governance (2010) is available free online.
There is also much legal periodical literature: the Common Market Law Review, European Law Review European Law Journal, European Public Law and European Review of Public Law (ERPL) and many political science journals: Journal of European Public Policy , Journal of Common Market Studies and West European Politics. All these journals are available in the IALS and college libraries and on line. There are also useful on line journals, notably the German Law Journal and Italian Journal of Public Law and sets of papers, such as the Jean Monnet working papers (see weblinks). Relevant writings by the teachers include: C Harlow, Accountability in the European Union (Oxford: Oxford University Press) 2002; ‘Accountability as a Value for Global Governance and Global Administrative Law’ in G Anthony et al (eds), Values in Global Administrative Law: Essays in Honour of Spyridon Flogaitis and Gerard Timsit (Hart Publishing, 2011); ‘Three Phases in the Evolution of EU Administrative Law’ in P Craig & G de Burca, The Evolution of EU Law (Oxford, 2nd edn, 2011); ‘Composite decision-making and accountability networks: the case of counter-terrorism asset-freezing measures’ (2013) Yearbook of European Law (forthcoming). R Rawlings, 'The Euro-law Game: Some Deductions from a Saga' (1993) 20 J. of Law and Society 309; 'Engaged Elites. Citizen Action and Institutional Attitudes in Commission Enforcement', 6 European Law Journal 4 (2000); C Harlow and R Rawlings, Pressure Through Law (London: Routledge, 1992); ‘Accountablility and Law Enforcement: The Centralised EU Infringement Procedure’ 31 European Law Review (2006) 447; 'Promoting Accountability in Multi-Level Governance: A Network Approach' (2007) 13 ELJ 542. Many additional materials are easily accessible through the websites of the EU. References to these are given throughout the course and a general list of weblinks and blogs is provided.
Exam (100%, duration: 2 hours, reading time: 15 minutes) in the main exam period.
Total students 2015/16: 4
Average class size 2015/16: 4
Controlled access 2015/16: Yes
Value: Half Unit