Courses 2011

European Monetary Union

 

In no other area has European integration advanced as much as in the monetary area. By joining the European Economic and Monetary Union (EMU) 16 countries of the European Union have given up their national currencies and their monetary sovereignty and have created a common monetary area with a joint central banking system (Eurosystem) and a common European currency (euro). With the introduction of the euro notes and coins Europe also got a strong common symbol. At the same time, the US dollar received a potential competitor for its role as the dominant international currency. Twelve new member countries – mainly from Central and Eastern Europe – joined the European Union between 2004 and 2007. Since then these countries have been preparing their economies to meet the requirements of membership in the EMU and indeed, some of them have already joined the euro area.

The course aims at providing students with in-depth knowledge of institutional and economic issues related to EMU, so that they can form their own views on this and related topics. A practical case study will enhance the learning experience.

 

The course will cover the following topics:

• Why independent central banks?
• Stages, history and rationale of monetary integration in Europe
• Costs and benefits of a monetary union – past and future enlargement of the euro area
• The common monetary policy in practice – goals, principles, strategy, instruments, decision-making bodies and processes
• The euro as a shield against crises? Policy responses during, and challenges after the “Great Recession”
• Four monetary policy strategies in comparison (Eurosystem, Fed, Bank of England, Bank of Japan)
• Past and future role of central banks in the area of financial stability
• The international dimension of the euro – exchange rate policy, international role of the euro

 

This course is regularly organized with the support of the Oesterreichische Nationalbank (Austrian Central Bank).

 

 

 

The Institutional Framework of the European Union

“On paper” and “in practice”

 

The course will focus on the unique political system of the European Union. Students will be introduced to the main institutions playing a role in the decision-making process and to some of the main decision-making procedures. In this context an introduction will be given to the legal order of the EU by covering the main sources of Community Law. Using the field of environmental policy as an example the students will gain some insights how formal institutions, rules and procedures work out in the practice of EU policy making.

The course very much builds on the active participation of participants. Group work and open debates will form an integral part of the program.

 

The first part of the course will focus on the Institutional Framework of the EU by examining:

• The main sources of Community Law and where relevant their repercussions on the institutional framework.
• The role of the European Commission, the European Parliament, the Council of Ministers and the  European Court of Justice within the EU’s institutional framework (and where relevant their evolution during the process of European integration).

This section will be based on lectures and class discussions on such critical questions as the quality of democracy in the EU and the efficiency of decision making.

 

The second part will concentrate on policy making within the European system by looking at:

• Some of the main decision making procedures such as consultation and co-decision
• The role of non-institutional actors such as NGOs in the EU’s decision making process
• The performance of EU policies during the implementation phase

This part will combine discussions of general aspects of the policy making process with exemplary and more detailed insights picked from the field of environmental policy.

 

Requirements: Class participation (40 %) and a mid-term and final exam (30 % each). The mid-term exam will focus on “facts” and combine multiple choice with short answer questions (30-45min); the final exam will pose an essay question and give the opportunity for some free reflection (45 min).

It is recommended to take this course in conjunction with Prof. Schima’s course: European Union Law.

 

 

 

Traces of European History

Europe’s Way to the 21st Century

 

Europa of today cannot be understood without the history of the continent we meet in every important question of the present. Especially in the 20th century Europe has undergone a series of dramatic economic, political and cultural changes. The study of some of these developments will allow a deeper insight in the history of European countries and their feeling of identity. Specific problems of Europe and the world of today will be discussed within a historical perspective and in relation to the history and politics of the home countries/nations of the participating students.

 

The course will focus on Central Europe in a broad sense of the term and will cover the following topics:

• General introduction: What can history contribute to the understanding of the present situation in Europe?
• Survey of data on the European History from the late 19th century to the present. How the map of Europe has changed.
• Economic development in Europe since the Age of Industrialisation.
• Nationalism as a long term problem in Europe. National state versus European unification.
• Different ideologies which influenced and still influence European history (Marxism, Communism, Conservativism, Nationalism, Fascism).
• Changes in daily life (housing, food, beverages, sexuality).
• Technological and scientific progress and its price (ecological questions).
• European culture / cultures – one or many?
• Is there a European identity?

 

Requirements: Attendance and participation in class discussions constitute 20%, a short paper 30% and a written final (essay-type) 50% of the grade.

 

 

 

Minorities, Identities, and Languages in Europe

 

Europe is defined by majority members, their languages and dominant cultures and identities. But the Union and its member states are just as much shaped by various small and big, overt and covert minorities. The course will focus on the many linguistic minorities and cover topics such as multilingualism, language policies, linguistic human rights and discrimination. (No special emphasis will be put on the issue of migration).  The approach in this course is shaped by an understanding that all the above mentioned topics are of academic relevance but are also personally meaningful in various ways for each one of us.

Therefore, all lessons will tap into our personal resources as well as academic knowledge and are structured so that we can build both. Students will get to know models and examples on the individual as well as institutional level and get acquainted with national as well as European situations and processes. They will acquire tools for linguistic analysis of political language and will build practical competence that is applicable in other micro or macro contexts.

 

Requirements: Attendance and performance in class (25%), homework-type assignments (25%), Quiz 1 (25%), Quiz 2 (25%).

 

 

 

European Private Law - The Civilian Tradition

 

The course offers a historical and comparative introduction to European Private Law. Today’s variety of legal systems in Europe can´t be properly understood without reference to European Legal History. Thus, one part of the course will be devoted to the development of European Private Law and the specific contribution of the Civilian Tradition. Particular attention is to be paid to the dominant forces of law making in the different legal systems: magistrates and legal experts in Ancient Roman Law, professors and clergymen in Medieval Law, judges in the Common Law and legislators in Modern Continental Law.

Furthermore, basic concepts of Private Law such as property, contracts and extra contractual obligations will be dealt with in this course in a comparative perspective. This will be done mainly in form of discussions about specific cases ranging from the transfer of movables to the restitution of assets to Nazi victims, from the discussion about ”good faith” in European Contract Law to claims of an agent of necessity. Special emphasis will be placed on the discussion of possible solutions, the analysis of court decisions and the evaluation of legislative choices.

 

I. The Landscape of European Private Law: Diversity and Common Traditions

• Sources of “European Private Law”
• Variations of a Theme: Transfer of Property in European Legal Systems
• Acquisition in Good Faith
• Art restitution and Acquisition in Good Faith: the Mahler-Werfel Case

 

II. Lawyers, Judges, Legislators. The Making of European Law

• Roman Law: The Jurists' Role in the Development of Law as a Science
• Medieval Law: The Scholarship of the Professors of Civil and Canon Law
• The Codification(s) of Private Law in Continental Europe
• The Emergence of Common Law as opposed to Civil Law: Judges as Law Makers
• Supranational Legislation: EC-Directives in the Area of Consumer Protection

 

III. Case Studies in European Contract Law

• Liberty of Contract and Equality in Exchange
• Good Faith in European Contract Law
• Extra contractual Obligations: the Witty Genealogist’s Case

 

Requirements: Regular attendance and active participation in class discussions (40%) and an open-book essay exam (60%).

 

 

 

European Security after the Cold War

 

1. Basic Security Strategies:

• collective defence
• collective security
• cooperative security
• neutrality

 

2. European Security after the Cold War, “9/11” and the Global Economic Crisis:

The new structure of the international system: between unipolarity and non-polarity.

• good news:
  • the peaceful end of the Cold War
  • the new pan-European value platform and the theory of democratic peace
  • progress in the areas of European integration and security cooperation
  • arms control and steps towards disarmament
• bad news:
  • the proliferation of weapons of mass destruction
  • new dimensions of terrorism and organized crime
  • ecological security: climate change as a security problem
  • energy security
  • migration and refugee movements
  • health as a security problem
  • food security

 

3. Global, Transatlantic and European Security Institutions:

• the UN: its mixed record after the Cold War
• NATO: the “new NATO” – litmus test in Afghanistan?
• the EU: economic giant – political and military dwarf?
• the OSCE: the possibilities and limitations of pan-European cooperative security

 

Requirements: Students will have a choice between a final oral or written exam on which the final grade will be mainly based; participation in class during the course will also be taken into account.

 

 

 

European & International Protection of Human Rights

 

Human rights are arguably the only universally recognized value system at the beginning of a new millennium. They constitute the main source of governmental legitimacy and at the same time set limits to governmental power. They represent guidelines for interaction between human beings, groups and people, and they provide limitations to the forces of neo-liberalism in a globalized society.

This is a survey course on international human rights (law) and existing mechanisms to promote and protect them. It deals with the history and philosophy of human rights and their place within the global legal and political system. Using case studies and practical examples, the course focuses on the meaning of selected human rights provisions and introduces the methods and principles of the practical application of human rights. It covers topics such as the UN and regional systems for human rights promotion, protection and enforcement, as well as the role of national institutions, including the judiciary, in implementing human rights.

 

Requirements: Regular attendance and participation in class discussion (20%) and a final exam (80%).

 

This course is made possible through the generous sponsorship of Marina Fistoulari Mahler.

 

 

 

European Political Systems in a Comparative Perspective

 

This course familiarizes students with the major theoretical, empirical and substantive issues in contemporary European politics.

First, the course examines the different governmental institutions, electoral systems and party systems across Europe and their impact on society.

Second, it focuses on the different social cleavages in European political systems and their changes over time.

Third, the course analyzes the recent electoral behavior of the European electorate and its repercussions on European party systems.

The course aims at deepening the understanding of the main debates in contemporary European politics using a comparative approach.

 

Requirements: Performance will be assessed on the basis of attendance and participation in class discussions (20 %), an essay to be handed in at the beginning of week 2 (40%) reflecting critically on the impact of electoral systems on democratic institutions, and a written final exam (essay-type) (40%).

 

 

 

European Union Law

The Contribution of the European Court of Justice

 

This course is designed to help students understand the system of judicial protection in European Union (EU) law and the importance of the contribution of the European Court of Justice to the development of constitutional principles of the Union.

 

This course will:

• discuss the various judicial remedies in the EU legal order with particular emphasis on the infringement procedure and the preliminary reference procedure
• show how the Court of Justice derived the basic constitutional principles of direct effect and supremacy, governing the relationship between EU law and national legal orders
• highlight how the Court of Justice in its case-law has contributed to making EU law more effective for the benefit of the individual by developing the concept of Member State liability for violations of EU law
• examine the Court’s contribution to the development of fundamental rights in the EU legal order
• study the impact of these principles by looking at concrete examples taken from different areas of substantive law (e. g. the internal market, Union citizenship).

 

Requirements: Performance will be assessed on the basis of a short quiz at the end of the first week and a written final exam. Class participation will be taken into account.

This course is recommended for students with prior knowledge of the institutions of the European Union or who have taken Prof. Andrea Lenschow’s course: The Institutional Framework of the EU.

 

 

 

Law and Information Society in Europe

 

This course will focus on European and global trends in the legal regulation of information and communication technologies. Specific attention will be attributed to copyright, identity management, consumer protection and privacy in a globalized information society. We will work on the relevant European directives and compare them with other legal, technical and social approaches.

 

Topics:

• Law as Code and Code as Law? The relations between technical, social, economical and legal forms of regulation
• Regulation of Information: The European approach
• Transparency, Privacy and Data Protection: outdated concepts in an information society?
• Identity, Authenticity and Security in a globalized network-environment

 

Recommended Reading: Lawrence Lessig, Code and other Laws of Cyberspace; additional texts and cases will be distributed throughout the course.

Requirements: Regular attendance and active participation in class discussions (40%) and an open-book essay exam (60%).

 

This course is made possible through the generous sponsorship of Brandl & Talos.

 

 

 

Europe Beyond the Nation State

 

As the international system changes after the Cold War, the reference of nation states is increasingly called into question. The concepts of union or of empire are often invoked as alternatives. Analogies are drawn between historical experiences and contemporary developments. These are either realistic or idealistic. The U.S. are frequently described as a modern Rome, while the EU more often is put into a utopian perspective. Combining approaches of political theory, of the history of international relations and of modern comparative political science, this course will try to look into and discuss these and related questions.

 

Topics include:

I. Introduction

• The New World Order

 

II. Empires in History

• The Logic of Empires
• Ancient Empires
• Modern Empires

 

III. Union Experiences

• Comparing Unions
• US and EU
• Fog of War

 

IV. European Visions

• The Future of the EU
• Lessons from History

 

V. Conclusion

• Review and Final Exam

 

Requirements: Regular attendance and active participation in class discussion (30%) and a final written exam (70%).

 

 

 

Multiculturalism and the Construction of Self

Expressions of Difference and Sameness

 

In a world where global trends and access to consumer culture appears to unify much of the world, communities and individuals who cross borders and encounter or live in different contexts experience differences in real and tangible ways. This course provides students with an introduction to the discourses of multiculturalism and the social sciences and cultural studies language with which to articulate notions of “difference and sameness.” It addresses the social construction of stereotypes and its political functions and how those stereotypes come to be challenged both through cultural practices and creative expressions.

The course aims to provide students the context to reflect on their own experiences of “otherness” and to afford the opportunity for theoretical and analytical reflection. Students will be introduced to the theoretical and analytical frameworks of cultural studies and they will explore how cultural pluralisms are either reproduced or challenged through ideological apparatuses or subcultures.

No prior background in the social sciences or cultural studies is necessary. Students who have an intellectual curiosity and enthusiasm for the theories of representation and the construction of representations will find the course stimulating and interesting. The seminars include film screenings, readings from literary texts and references to the visual arts.

The first component of the course is an essay that deals with the theoretical and analytical frameworks that address cultural differences, cultural pluralism and multiculturalism. The second component develops out of the discussions and exercises in class and is developed into a final photo-essay project that students propose in class. The photo-essay is exhibited with an introduction.

 

Requirements: Attendance and participation (20% of the grade), written essay (40% of the grade), photo essay with an introduction (40% of the grade). There will be no exam for this course. Students are encouraged to bring their own digital camera. The course entails an obligatory excursion on the third weekend.