Next intake October 2019
The Programme
"Puts forward a genuinely transnational and European perspective, offering a highly flexible qualification suitable for a wide range of career openings in many sectors"
This new postgraduate programme aims to provide a thorough analysis of commercial law, banking law and alternative dispute resolution within a transnational, EU and international context. The emphasis is on learning how cross-border business activities, companies and financial markets are regulated and how alternative dispute resolution is conducted.
This degree offers a wide range of career paths. It is addressed to recent graduates and qualified lawyers seeking to pursue a career in international, EU and transnational commercial law, banking law, company law, capital markets law, financial law and alternative dispute resolution, as well as to national regulators and public officers.
The Structure
LLM in Transnational and European Commercial Law, Banking Law, Arbitration/Mediation (full-time mode) is taught over three academic terms. Lectures take place on weekends. The LLM is also available in part-time mode for those who cannot commit to a full-time programme either due to work commitments or other reasons. The duration of studies for part-time students duplicates.
In order to be awarded the LLM degree, students must complete a total of 90 credits. This involves taking: Eleven core courses (54 credits), two elective courses (6 credits), Master’s Dissertation (30 credits).
FULL – TIME MODE:
During the first term, all students are required to follow six (6) core courses. During the second term, all students follow a further five (5) core courses and two (2) elective courses. Finally, during the third term, work is dedicated exclusively to the Master's dissertation.
PART – TIME MODE:
The first year includes three teaching periods during which six (6) core courses and one (1) elective course are offered. The second year students are taught over three teaching periods the remaining five (5) core courses and one (1) more elective course. During the second year there is a fourth period in which the Dissertation should be completed.
Book an Appointment with:
Professor Dr. Em. Kaissis
&
Ms Rafaila Tsertsidou
The Core Courses
- European Economic Law
- Transnational Commercial Law I
- International Commercial Arbitration
- Ιnternational Regulation of the Banking Sector
- Recognition and Enforcement of International Arbitral Awards
- Μediation, ADR & ODR Law
- Transnational Commercial Law II
- Regulation of International Capital Markets and Investment Protection
- Institutional Banking Law: Banking Services - Credit Assurance - Bank Surveillance – Consumer Protection in the Banking Sector
- European & International Competition Law/Antitrust Law
- Mediation and Ombudsman scheme in the Banking Sector
European Economic Law
Teaching hours and credit allocation: 30 hours, 6 credits
The aim of this module is to provide the students with the legal foundations of economic integration in the European Union and to provide a framework for the understanding of the establishment of the EU internal market. The expansion of EU law into the national legal orders is a reality with which lawyers are called to deal on a daily basis. The European legislature adopts harmonization in many different areas of economic law. This course aims at covering in a systematic way these different areas of law. Students could develop a deep understanding of the theoretical and practical issues of these areas of law. Studying these areas of law is particularly challenging after the global financial crisis. This module will give emphasis on institutional aspects of European economic law. This is a prerequisite in order to proceed to "European Economic Law II" where the students will study the substantive aspects of European Economic Law.
Learning outcomes
On completing the course the participants will be able to:
- understand the institutional structure of the European Union.
- learn about the structure and the content of European Treaties.
- understand the implications of the Lisbon Treaty.
- understand the distinct role of European institutions.
- understand the constitutional foundations of the internal market of the EU.
- understand the law-making process, especially in the context of the internal market.
- critically evaluate various aspects of harmonization.
- recognize the important regulatory role of the European Union in the national markets and in the European economy as a whole.
- recognize the global economic role of the European Union.
- distinguish EU/national/shared competences at EU level.
- be able to refer to case law of the European Court of Justice and other domestic/international courts and tribunals.
- be able to answer specific questions with regard to constitutional aspects of EU law.
- be aware that studying carefully and understanding this module is absolutely necessary for proceeding to "European Economic Law II".
Content
- The development of the European Union-Constitutional aspects of EU Law
- EU Treaties (Treaty of Lisbon (2009), Treaty of Nice (2003), Treaty of Amsterdam (1999), Treaty on European Union - Maastricht Treaty (1993), Single European Act (1986), Treaties of Rome - EEC and EURATOM treaties (1958), Treaty establishing the European Coal and Steel Community (1952))
- Main Institutions: the European Parliament, the Council of the European Union, the European Commission, the European Council, the European Central Bank, the Court of Justice of the European Union and the European Court of Auditors.
- Other institutions and bodies: European Economic and Social Committee, Committee of the Regions, European Investment Bank, European Investment Fund, European Ombudsman, European Data Protection Supervisor
- The competences of the European Union
- The finances of the European Union (Budget).
- Legislative process at EU level (co-decision)-aspects of harmonization.
- Primary EU law (Treaties)-secondary EU law (Legal instruments -regulations, directives and decisions)
- The legal system of the European Union (acquis communautaire)
- General principles of EU Law (principle of attributed competence, principle of subsidiarity, principle of proportionality, principle of non-discrimination, principle of legal certainty etc.)
- EU Company Law. Harmonization of company law in the European Union. The legal basis. Freedom of establishment of legal persons. Free movement of capital and company law. The rich case law of the Court of Justice of the European Union on company law. Company law and capital markets. Corporate Finance Law. Corporate governance.
Transnational Commercial Law I
Teaching hours and credit allocation: 30 hours, 6 credits
The aim of this module is to enable students to understand the legal challenges in the context of transnational commerce. The extensive growth of international trade and the integration of markets since WWII have led to the internationalisation of the institutional and legal framework on trade and investment. Thus, transnational commercial law has evolved rapidly and it has become a key component of globalisation. Transnational commercial law covers a variety of topics, from the legal framework on the international trading of goods to the regulation of complex financial transactions. Students will explore the institutional framework for trade relations between nations and the theoretical debate on liberalising trade barriers. The focus will also be on transactions between parties from different countries, transactions governed by national legislation and by international instruments, such as the United Nations Convention on Contracts for the International Sale of Goods. The module also addresses the work of international organisations on the harmonisation of international commercial law. Reference will be made to, and comparisons will be drawn between various legal systems, where appropriate. Thus, students will gain a good understanding of practical issues and legal problems surrounding international trade and investments, as well as their economic and legal implications from the investor’s and the regulator’s point of view.
Learning outcomes
Students will be able to:
- understand the main branches of knowledge, of which transnational commercial law is comprised;
- Explore the roots of modern transnational commercial law and appreciate its fast-paced development;
- Explore the legal sources of international economic law (statutory and customary law, bilateral and multilateral treaties, etc.), as well as its main principles and practices;
- Explain the rights and obligations arising between the parties of transnational commercial transactions;
- Approach the study of relevant legislation, cases and international agreements in an analytical and systematic way.
Content
- The historical development of transnational commercial law since the Havana Charter and the Atlantic Charter;
- An introduction to the main branches of transnational commercial law (international trading of goods, foreign investment law, international banking and financial law, international intellectual property law, international taxation law);
- The theoretical debate: liberal policies vs. state interventionism in the markets;
- The globalization phenomena from a legal perspective; trade theories and policies;
- Trade barriers; the advantages of multilateral trade negotiations;
- An introduction to the international institutional framework; establishment and role of important international organizations, such as the IMF, World Bank, EBRD, WIPO, WTO, ILO, OECD, African Union, the regional development banks, UNIDO;
- The economic aims of the Charter of the United Nations;
- The United Nations Convention on Contracts for the International Sale of Goods (CISG);
- Regional trade blocs and regional economic integration initiatives: EU, NAFTA, MERCOSUR, ASEAN;
- The unification of international commercial law: UNCITRAL Model Laws, UNIDROIT Principles, Conventions of the Hague Conference on Private International Law, etc.;
- The position of companies in international economic law, with special reference to the multinational companies.
International Commercial Arbitration
Teaching hours and credit allocation: 30 hours, 6 credits
Course assessment: coursework + exam
Aims
This course aims at providing a concrete and comprehensive approach to international commercial arbitration. In general, arbitration constitutes one of the most important methods of alternative dispute resolution, at both global and regional level. There is an increasing tendency nowadays for disputes arising from international commercial transactions and business agreements to be settled through arbitration. The workload of courts, the litigation costs and need for confidentiality contribute to the popularity of international commercial arbitration. This course aims at providing all the necessary credentials to a lawyer interested in international commercial arbitration. Students will be introduced to this method of alternative dispute resolution, in theory and in practice. Basic concepts, as well as more detailed aspects of the arbitral process, will be examined. This course focuses on fundamental issues of international commercial arbitration. Its goal is also to provide the essential theoretical background allowing students to take the course on “International commercial arbitration II” where students will study practical issues, contemporary problems and specialized areas of international commercial arbitration.
Learning outcomes
On completion of the course, participants will be able to:
- understand the foundations, rules and doctrines of international commercial arbitration.
- understand the possibility of solving a dispute outside a national court system.
- understand the other methods of alternative dispute resolution.
- understand the various problems surrounding international commercial arbitration, as well as, the legal debates surrounding the proposed solutions.
- understand the different types of provisions that may have to be taken into account in an international arbitration
- focus on the relationship between conflict of laws and international commercial arbitration.
- recognize the importance of the various requirements of an arbitration agreement.
- appreciate the magnitude of international commercial arbitration in comparison with court processes (adjudication).
- understand the role of domestic courts in international commercial arbitration.
- engage with more advanced legal issues in “Ιnvestment and Energy Arbitration”
Content
- Introduction to International Commercial Arbitration and to Alternative Dispute Resolution, in general.
- Why international commercial arbitration is chosen by the parties. Advantages and disadvantages of arbitration.
- Other dispute resolution methods: mediation, conciliation, neutral evaluation and expert determination, mini trials, last offer arbitration.
- The foundations and the main principles of international commercial arbitration, negotiation and mediation
- Forms of arbitration. Ad hoc arbitration\ institutional arbitration, specialised categories of arbitration.
- Developing strategies of negotiation
- Arbitration agreements: legal nature, function, aims, validity, parties, categories of disputes, arbitrability, confidentiality.
- Drafting the arbitration agreement: various requirements.
- Applicable law.
- Judicial assistance for arbitration. (enforcement of arbitration agreements, evidence etc)
Ιnternational Regulation of the Banking Sector
Teaching hours and credit allocation: 30 hours, 6 credits
Course assessment: coursework + exam
Aims
This course will cover the legal foundations of European economic integration, with an emphasis on the international regulation of the Banking sector, the European financial system and the European Economic and Monetary Union. The course aims to cover the legal framework and institutions of the European economic order, with a strong emphasis on the International and European financial systems and the European monetary framework (both internally within the Eurozone as well as the external aspects of the European Economic and Monetary Union, i.e. its relationship with the global economic and monetary order). Emphasis is also given to the structural reforms of EU banks and the regulation of shadow banking.
Learning outcomes
On completing the course, students are expected to be able to:
- understand the legal foundations of International & European economic systems and integration
- understand the European Law of financial systems and capital markets
- have an advanced knowledge and understanding of the theoretical underpinnings of international banking and financial regulation as this has been evolving especially in the recent years
- be able to implement the acquired knowledge into their everyday practice as lawyers
- be able to follow future legal developments in the area
- address regulatory problems with regard to internal market
- understand the peculiarities of harmonization in the various areas of banking law
Content
- Types of banks
- International banking regulation
- Economic and monetary union (EMU)
- Legislation relating to chartering or licensing of banks
- European supervisory architecture (EBA, ESMA and EIOPA)
- The Single Supervisory Mechanism and the role of the ECB
- EU banking and moneraty law
Recognition and Enforcement of International Arbitral Awards
Teaching hours and credit allocation: 15 hours, 3 credits
Course assessment: coursework + exam
Aims
This course draws together the knowledge and skills gained in International Commercial Arbitration and aims to provide students with an insight into the recognition and enforcement of international arbitral awards. The course will address various regulatory issues, practical problems and recent developments associated with the recognition and enforcement of these awards. One of the main reasons for opting for international commercial arbitration is the fact that the parties may enforce an arbitration award in a foreign country more easily than a judgment of the court. Special reference will be made to national laws, international instruments and international institutional rules. The most important instrument in this context is, undoubtedly, the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (New York Convention), since most countries in the world are already parties. The course also examines the difficulties associated with the recognition and enforcement of arbitral awards, in this legal environment.
Learning outcomes
On completing the course, students are expected to be able to:
- understand the legal and practical issues associated with the recognition and enforcement of international arbitral awards
- be aware of the different types of recognition and enforcement (foreign and domestic arbitral awards, damages awards, declaratory and specific performance awards, etc.)
- understand the (limited) scope of judicial review of arbitration awards and the need for safeguarding due process standards
Content
- The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention);
- The scope of the New York Convention; key definitions (arbitral award, agreement in writing, etc.);
- The reasons for refusing recognition and enforcement under article V of the New York Convention: incapacity of a party to the arbitration; invalidity of the award; the issue of due process, etc.
- The 1961 European Convention on International Arbitration; setting aside of the arbitral award under article IX; the issue of due process;
- The 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (Washington Convention); articles 53-55; laws governing execution;
- The 1975 Inter-American Convention on International Commercial Arbitration (Panama Convention);
- The public policy (“ordre public”) of the State in which the recognition and execution is requested;
- The UNCITRAL Model Law on International Commercial Arbitration;
- The U.S. Federal Arbitration Act and the practice of U.S. courts on recognition and enforcement of arbitral proceedings and awards;
- Comparative analysis of the bases for refusing to recognize and execute an arbitral award;
- The time period for challenging an award;
- Settlement before and after receiving and arbitral award;
- Arbitration with sovereign governments; the issue of immunity from enforcement;
- The issue of forum shopping and asset tracing;
- Interim orders and attachment of property.
Μediation, ADR & ODR Law
Teaching hours and credit allocation: 15 hours, 3 credits
Course assessment: coursework + exam
Aims
This course provides an introduction to the theoretical and practical considerations surrounding mediation and its legal implications within the context of European legal systems. The general focal points are twofold: mediation law and alternative and online dispute resolution (ADR/ODR). The course examines the main debates, methods, issues and critical approaches to the subject, together with an analysis of the Mediation Directive, the ADR Directive and the ODR Regulation, in particular looking at issues of confidentiality, adversarialism and civil justice, and the role of lawyers within the process. It considers recent reviews of civil and administrative justice for their impact on mediation. It also examines the development of a mediation profession and issues such as training, continuous professional development, accreditation and regulation.
Learning outcomes
- On completing the course, students are expected to be able to:
- appreciate the relationship between alternative dispute resolution and litigation
- understand the foundations, rules and doctrines of EU mediation law
- critically analyse the theories and methods associated with mediation
- elaborate on the strengths and weaknesses of mediation & ADR schemes within law
- identify the main characteristics of the various European legal orders as regards mediation; get practical solutions out of the theoretical knowledge
- develop a critical awareness of the social, ethical and political influence on the operation of ADR in the internal market
- comprehend mediation under the ICC Mediation Rules 2014
- understand the legal and practical issues associated with the EU Directive on consumer ADR and the EU Regulation on consumer ODR
Content
- Theoretical and practical aspects of ADR
- Forms of mediation
- Other ADR schemes
- Mediation agreements: legal nature, function, aims, validity, enforceability
- Mediator duties, accreditation requirements for mediators
- EU Mediation Directive
- EU Directive on consumer ADR
- EU Regulation on consumer ODR
- Mediation under the ICC Mediation Rules 2014
- Harmonization of the rules of international mediation
Transnational Commercial Law II
Teaching hours and credit allocation: 30 hours, 6 credits
The aim of this module is to further explore transnational commercial law, by appraising and comparing international legal instruments and theories. The module builds on the knowledge and skills that students have acquired through the study of the Transnational Commercial Law I module. The module deals with special issues related to the international trade, international investment and their regulation. It studies the basic principles in the context of international commercial law, which are contained in the WTO Agreement. It identifies realities and conflicting interests behind international agreements or initiatives. The module studies important aspects of WTO law, such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The students will have the opportunity to evaluate the case for trade liberalisation, its conceptual basis and the implementation of WTO law in specific contexts. Consequently, the students will be able to better identify the legal risks and appreciate the legal complexities that impact international business. By gaining a better understanding of the international legal environment, especially WTO law, the students will be able to analyse and recommend business strategies and legal strategies in an international context.
Learning outcomes
Students will be able to:
- Obtain a robust understanding and appreciation of the principles and practices of transnational commercial and financial law;
- Further explore the prospects of regional and multilateral initiatives in the field of transnational commercial and financial law;
- Understand the rights and obligations arising between the parties of complex transnational commercial and financial transactions;
- Focus on specialized aspects of international trade negotiations and WTO law;
- Appreciate the economic and legal effects of international trade policies under WTO Agreements;
- Approach the study of relevant legislation, cases and international agreements in an analytical and systematic way.
Content
- The principles of international investment law;
- The law and practice of investment treaties and the protection of foreign investments (nationalisations, ICSID dispute settlement, etc.);
- The protection of human rights in international economic law and in foreign investments;
- Geneva Securities Convention
- EU Settlement and Financial Collateral Directives
- The WTO principles of the trading system; most-favoured nation principle; national treatment principle; reciprocity principle;
- A panorama of the WTO Agreements (GATT 1994, GATS, TRIMS, TRIPS);
- The TRIPS Agreement and the application of the WTO principles to IP rights;
- The TRIPS Agreement and the specific issue of access to patented medicines;
- The Doha Development Round: progress and perspectives.
- The Doha Development Round: the specific issue of agriculture, industrial tariffs, non-tariff barriers and trade remedies;
- Special and differential treatment provisions;
- The WTO Dispute Settlement: structure, principles and rules;
- The WTO Dispute Settlement: prominent cases (Airbus case, US steel tariffs case, EU restrictions on genetically modified food case, EU regulation of asbestos case, etc.)
- Enforcement and imposition of sanctions (embargo, boycott, financial penalties).
Regulation of International Capital Markets and Investment Protection
Aims
This course is designed to study and analyze the international capital markets and the ways in which governments and public authorities intervene in the operation of financial markets globally, regionally and nationally. It examines the principles of regulation of international financial markets and examines the public regulation of financial markets - that is, the relationship between central government, independent government agencies or indeed international organizations on the one hand, and financial markets or market participants on the other. The course is premised upon the notion that the students of finance and financial law ought to develop a sound understanding of the various choices available to policy makers and national supervisory authorities in relation to the design and structure of national regulatory frameworks. The course will also provide a critical view of current regulatory developments globally with the aim to identify the most appropriate regulatory policies towards increasingly complex financial phenomena and markets in the era of financial globalization.
Learning outcomes
- On completing the course, students are expected to be able to:
- Understand the legal foundations of international capital markets;
- Understand the U.S. and European Union law of financial and capital markets;
- Understand the nature of global capital flows and markets and the various instruments traded in those markets;
- Understand the legal environment where corporations, financial institutions and other business raise capital globally or internationally;
- Understand the structure of international monetary and financial order;
- Follow future legal developments in the area of international financial markets;
Content
- Financial Markets and Financial Assets
- Primary and Secondary Capital Markets
- The Internationalisation of Capital Markets The Globalisation of Financial Crises
- The Regulatory Framework Disclosure and Transparency
- The Role of Market Intermediaries in Securities Markets
- Regulation of Securities Firms
- The Structure and Economic Functions of Secondary Securities Markets
- The Globalisation of Finance
- Building International Financial Stability
- Developing International Rules and Regulatory Standards for Capital Markets
Institutional Banking Law: Banking Services - Credit Assurance - Bank Surveillance – Consumer Protection in the Banking Sector
Teaching hours and credit allocation: 30 hours, 6 credits
Course assessment: coursework + exam
Aims
The aim of this module is to provide the students with a concrete knowledge of the law relating to the banking business. The course will also discuss the bases of banking law and regulation and the framework and principles governing banking services and credit assurance internationally. It will also offer an overview of the legal aspects of bank deposits and the legal foundations of the banker-customer relationship, focusing on consumer protection. Emphasis will be given to the legal principles governing the law of bank lending internationally (with a focus on the European Union and the United States) and the legal framework of other aspects of a modern bank like bank surveillance.
Learning outcomes
On completing the course, students are expected to be able to:
- understand the legal framework of banks and banking services in different jurisdictions
- understand the issues relating to credit assurance and bank surveillance
- understand the cross-border differences in the legal rights of creditors
- have an overview of relevant rules realize the connection between banking development and the rights of creditors and the efficiency of contract enforcement
- develop critical understanding of the evolution of the payment system in international sales and reflect on the forces shaping it;
- understand the issues relating to consumer protection in the banking sector.
Content
- Legal Aspects of Banking Operations
- Regulatory Framework and Compliances
- Banking Related Laws
- Banking services
- Securities for Banker’s Loans
- Guarantees
- Credit assurance
- Bank surveillance
- Consumer protection
European & International Competition Law/Antitrust Law
Teaching hours and credit allocation: 15 hours, 3 credits
This module aims at enabling students to learn about the principles, the underpinning policies and the functioning of European and international competition law. Competition law constitutes one of the most important parts of the European Union and has significant influence on the European business and industry. EU competition policy ensures that competition is not distorted in the internal market by ensuring that similar rules apply to all the companies operating within in it.
Title VII, chapter 1 of the Treaty on the Functioning of the European Union lays down the basis for the EU rules on competition. This module will examine in detail almost all units of EU competition law. The control of monopoly and oligopoly and merger control are some areas that present a great interest for the lawyer willing to practice competition law. Additionally, anti-competitive agreements and various other anti-competitive practices attract the interest of competition lawyers. Through a careful examination of the case law, students will see how competition law facilitates competition. References to domestic competition laws will be made, wherever this is necessary. Students will also examine the principles of economics underpinning competition law. International dimensions of competition law will also be analyzed.
Learning outcomes
On completing the course students will be able to:
- to identify the goals of EU competition law
- understand how the law governs business practices that may restrict competition
- understand how competition law can stop anticompetitive practices
- understand private and public enforcement
- critically evaluate the economic principles behind anti-competitive practices.
- be able to solve practical problems with regard to competition
- be able to draw conclusions from case law
- criticize the approach of competition law to certain anti-competitive practices
- understand the practice of governmental bodies in the implementation of competition law.
Content
- Introduction to competition law and policy;
- Antitrust economics;
- Cartel agreements, concerted practices and the abuse of monopoly
- Horizontal & vertical agreements;
- Abuse of dominant position;
- Oligopolies, tacit collusion and unilateral action;
- Mergers and acquisitions
- The European Merger Regulation;
- Procedure, enforcement and remedies.
- Enforcement of competition law through private enforcement and via the investigations of the European Commission
- Enforcement and the international dimension
- The international dimension: extraterritoriality, cooperation & globalisation.
- Competition law and the state.
- Rules applicable to state aid
- Rules applicable to specific sectors (Agriculture, Energy, Postal services, Telecommunications, Transport)
- An introduction to US antitrust law (US antitrust regime and its main regulatory instruments, the Sherman Antitrust Act)
Mediation and Ombudsman scheme in the Banking Sector
Teaching hours and credit allocation: 15 hours, 3 credits
Course assessment: coursework + exam
Aims
This course draws together the knowledge and skills gained in “Mediation, ADR & ODR Law” and aims to provide students with an insight into Ombudsman schemes in the Banking Sector. The aim of this module is to further explore ADR in the financial sector, by appraising and comparing international theories and schemes. The module will address various regulatory issues, practical problems and recent developments associated with mediation and ADR in the Banking Sector. Students will also examine if the Ombudsman Service is a viable alternative to courts, having taken into account relevant consumer protection issues.
On completing the course, students are expected to be able to:
- understand the possibility of solving a banking law dispute outside a court system
- demonstrate a knowledge and understanding of the dynamics of mediation & ADR in the banking sector
- understand the different types of provisions that may have to be taken into account in an Ombudsman scheme procedure
- understand the reasons for which Ombudsman schemes in the Banking Sector are introduced
- focus on possible implications of the ADR Directive in resolving disputes of the Banking Sector
- be able to implement the acquired knowledge into their everyday practice as legal experts
- be able to follow future legal developments in the respective scientific field
- be aware of the risks, the structuring of procedure and the regulation of mediation & Ombudsman schemes in the Banking Sector
Content
- Options for the settlement of banking disputes
- Key aspects of Mediation in the Banking Sector
- Other relevant ADR mechanisms
- How have Ombudsman schemes developed in the Banking Sector
- Type of complaints resolved; Dispute settlement
- Ombudsman's Powers and Jurisdiction
- Procedural principles: Filing a complaint; Investigating a complaint
- Fairness, Independence and Impartiality
- Code of ethics
The Elective Courses
- Legal Aspects of International Finance
- Media Law - Telecommunication Law
- International and EU Tax law
- Intellectual Property Law (Copyright Law & Industrial Property Law) – Patents, Utility Model Certificates, Industrial Designs
- International Insolvency Law
- Mergers and Acquisitions
- Internet Law and E-Business
- Banking Legal Environment
- Financial Crime
- European Procedural Law
- EU Consumer Law
- Data Protection Law: General Data Protection Regulation
Legal Aspects of International Finance
Teaching hours and credit allocation: 16 hours, 3 credits
The aim of this module is to provide the students with a concrete knowledge of the law relating to international finance. Financial law has a major impact on modern economies because the amounts involved in international finance are truly enormous (financial flows are much bigger than trade flows). General principles of the regulation of international finance, as well as specific transactions and parts of international financial markets will be discussed. Some of these are title finance, financial supervision, derivatives, securitizations, payment and securities settlement systems. Moreover, this module aims at scrutinizing the legal foundations of retail and investment banking, the role financial institutions and the significance of credit. Understanding this area of law is particularly important, especially after the Global Financial Crisis. This course is addressed to students who are concerned with international financial law on a global scale. The legal aspects of international finance are particularly attractive for all lawyers dealing with complex financial transactions and credit. This module offers a thorough analysis of financial policies, of legal solutions adopted by the legislature and of structure of specific financial transactions. Reference is made to detailed jurisdictions and comparative conclusions are drawn, wherever it is necessary.
Learning outcomes
On completing the course students will be able to:
- Understand the structure of international finance
- Discern which aspects of international finance are crucial from a legal point of view
- Understand the legal aspects of the global financial crisis
- Understand the identity and the basic characteristics of the various financial transactions
- Understand how international financial transactions are conducted
- Understand that many areas of international finance are interconnected
- Understand how global capital markets operate.
- Be able to deal with specific legal problems of international finance.
- Use synthesis and distillation for answering complex financial law questions.
- Understand the differences between jurisdictions with regard to finance
- Understand the provision of credit, as well as the role of the main actors in the field of international finance, i.e. financial institutions and banks.
Content
- Introduction-financial assets, banks, financial institutions and the role of credit
- Comparative aspects of international finance: Legal families-various jurisdictions.
- International finance and insolvency
- International loans and bonds.
- Syndicated bank loans
- Covenants, negative pledge, pari passu clause, restrictions on disposals, financial covenants.
- Events of default and various clauses
- Loan transfers and participations
- International bond issues
- Special purpose finance
- Set-off and netting
- Mutuality and interveners
- Security interests
- Title finance
- International finance and trusts
- Financial regulation: general regulatory policies and scope
- Regulation of conduct of investment business
- Prospectuses: regulatory issues
- Insider dealing, market abuse and other investment frauds
- Capital adequacy-financial supervision
- Legal aspects of derivatives.
- Securitizations
- Payment and securities settlement systems
- Private international law-Governing law of financial contracts-Judicial jurisdiction.
Media Law - Telecommunication Law
Media Law - Telecommunication Law
Teaching hours and credit allocation: 16 hours, 3 credits Course assessment: exams
Aims
The aim of this course is to provide students with the opportunity to gain expertise in a range of legal regimes governing key aspects of the media, from the regulation of all key forms of media content to the regulation of the infrastructures via which that content is delivered, including traditional, new and still- developing media. Moreover, Telecommunications Law examines the global trend away from national monopolies in telecommunication and broadcasting networks towards competition in a regulated and increasingly international communications market. The principles underlying this process of liberalisation and regulation are elucidated and explained in this course, as well as the legal structures and arrangements, in Europe and other jurisdictions of interest, which control the provision of telecommunications equipment, networks and services. In particular, the course will concentrate on the licensing and other regulatory regimes of telecommunications infrastructure and service provision and the competition, contractual and regulatory issues that arise from the need to interconnect communications networks. The course does not examine the provision of content services, but considers the regulatory implications of convergence.
Learning outcomes
On completing the course the participants will be able to:
- Demonstrate knowledge and understanding of principles of media law and the functions of regulatoryinstitutions;
- Identify and evaluate legal issues relating to freedom of expression and various restrictions on the media;
- Discuss and evaluate ownership and accountability within the media & telecommunicationindustry;
- Appraise the impact of regulatory mechanisms and the role of external agencies and judicial bodies in enforcing thosemechanisms;
- Analyse substantive legal issues pertaining to the control, content and dissemination of published material;
- Evince the ability to conduct critical legal analysis and evaluation within the field of Media & Telecommunication law.
Content
- Introduction to Media & TelecommunicationsLaw;
- Intellectual Property in MediaContent;
- Reporting Restrictions and theMedia;
- Broadcast MediaRegulation;
- Media Ownership &Competition;
- Libel/ Contempt ofCourt;
- Confidentiality & Privacy - Protection of journalists’sources;
- Distributing the Media’s IntellectualProperty;
- Blasphemy, Obscenity,Indecency;
- Communications Technology, Services andMarkets;
- Regulatory structures andbodies;
- Authorisation &Licensing;
- Consumer Protection Rules forTelecommunications;
- Competition Law inTelecommunications;
- TelecommunicationTransactions.
Reading
Books
- Carey, P. et al. (2010), Media law, 5th ed. London: Sweet and Maxwell,UK;
- Crone, T. (2002), Law and the media, 4th ed. London: Focal Press,UK;
- Fenwick, H. (2006), Media freedom under the Human Rights Act, Oxford: Oxford University Press,UK;
- Lloyd, I. and Mellor, D. (2003), Telecommunications Law, London: LexisNexis/Butterworths,UK;
- Nicol, A. (2009). Media law and human rights, 2nd ed. London: Blackstone,UK;
- Walden, I. (2012), Telecommunications Law and Regulation, Oxford University Press,UK.
International and EU Tax law
Teaching hours and credit allocation: 16 hours, 3 credits
The general aim of this module is to provide students with a critical awareness of the established fundamental principles of international tax law and with an overview of public international law as it affects the allocation of jurisdiction to tax between nations. In particular, this course examines the clashes of different countries’ income tax systems which arise from international transactions, why these clashes arise and which types of laws may have an impact. Primary objective of this module is also to provide students with an understanding of the function of the OECD Model Income Tax Convention on the international tax system and the tax treaty networks of OECD countries. Students are also introduced to the decisions of the European Court of Justice as they affect the levy of income taxes on international commercial transactions within the EU.
Learning outcomes
On completion of this module, students are expected to be able to:
- understand the core principles of international taxation
- create a framework for the analysis of international tax problems
- develop knowledge of emerging trends in international taxation
- understand a comparative analysis of tax law as it relates to commercial disputes
- understand the national tax systems of Member States of the European Union in connection with the Community legal order
- critically apply the principles of international law of treaties to jurisdictional disputes as selected for analysis
- understand the OECD Transfer Pricing Guidelines
- analyse the jurisprudence from courts around the world pertaining to transfer pricing issues and tax planning situations
- advise businesses, governments and policy-makers on the issues which relate to transfer pricing and international tax planning
Content
- Jurisdiction to tax and the problem of international taxation
- Methods of relief from international double taxation
- The OECD and UN model treaties
- Interpretation of tax treaties
- International tax planning
- International tax avoidance and tax heavens
- Institutional framework and background to EU tax law
- Impact of the fundamental freedoms on EU Member State systems of taxation
- Harmonisation of Value Added Tax
- EU Customs Code, Excises and Capital Duty
- Harmonisation of Direct Taxes
- State Aid rules and EU Member State taxation
- EU Member State co-operation and dispute resolution
- Interaction of European Community tax law and international tax law
Intellectual Property Law (Copyright Law & Industrial Property Law) – Patents, Utility Model Certificates, Industrial Designs
Teaching hours and credit allocation: 16 hours, 3 credits
The aim of this module is to introduce students to the legal regulation of mental products. IP rights are valuable assets for individuals and businesses. They can include inventions, processes, software, images, symbols, names, artistic works, etc. The module will examine regional and international arrangements in the field of intellectual property law, while comparisons will be made between international and national approaches. IP rights need to be protected against infringement, eventually in the courts. If properly protected, IP rights can offer a competitive advantage or considerable revenue streams through their commercial exploitation. Intellectual property is a dynamic and rapidly evolving area of law, thus the focus will be on new legal developments in the field.
Learning outcomes
On completing this module, students will:
- Understand the importance of innovation and appreciate the incentives for creativity;
- Understand the need not to unduly restrict the diffusion of mental products;
- Understand the differences between the specific areas of IP law (trade secrets, trademark, copyright, industrial design, patent) and the justification for each type of right;
- Be able to identify the areas of legal risk, as far as IP law is concerned, in operating an international business and in undertaking international transactions;
- Explore major intellectual property statutes and international instruments, as well as international jurisprudence in the field of IP law.
Content
- Origins and historical development of intellectual property law;
- International institutions concerned with intellectual property law: World Intellectual Property Organisation, WTO, EU and other regional initiatives;
- Sources of intellectual property law: international conventions concerned with intellectual property law;
- The TRIPS Agreements; coverage; minimum standards of protection; civil, criminal, and border enforcement; dispute settlement mechanism.
- EU law and EPO decisions;
- Essential features of an intellectual property regime;
- Registration, standards for infringement, procedural and remedial advantages;
- Foreign and international filings;
- Preventing intellectual property infringement; confidentiality agreements;
- IP piracy and counterfeiting; the size of the market; combating the problem;
- The relationship between intellectual property law and other branches of law;
- The protection of trade secrets; enforcement and remedies;
- The protection of trademarks; enforcement and remedies;
- The protection of copyright, with special reference to the challenges of the internet;
- The protection of patents, with special reference to biotechnology; the issue of indigenous knowledge;
- European Patent Convention; ancillary regulations to the EPC; Unitary patent / EU patent;
- Attacking IP protections; the role of the medicines industry in the developing world;
- Litigation and ADR; European Patent Litigation Agreement; evidentiary issues in IP law.
International Insolvency Law
Teaching hours and credit allocation: 16 hours, 3 credits
The aim of this module is to familiarise students with the general principles underpinning modern systems of international insolvency law and to provide an overview of insolvency procedures of corporations, financial institutions and sovereign entities. The subject involves considerations with regard to insolvency from the point of a country's market and economy, the view of a debtor, a creditor and an insolvency administrator and the role of a court. Emphasis will be placed on the insolvency law in corporate practice and the effectiveness of mechanisms for dealing with cross-border insolvency. The course will have a transactional focus with actual case studies and will identify practical and commercial issues raised during a cross- border settlement of a given case.
Learning outcomes
On completion of this module, students are expected to be able to:
- analyse the specials of cross-border insolvency proceedings
- develop the necessary legal and economic steps within the practical work
- understand where the insolvency proceedings against the multinational enterprise should take place
- understand how issues of jurisdiction may affect rights of the corporate stakeholders
- recognise what is the law that should apply to the insolvency process
- understand how the multinational corporate group in insolvency should be dealt with
- recognise the diversity of interest of all stakeholders (different creditors, debtor)
- specify specific roles and tasks in given insolvency proceedings (aim of the proceeding, role of office holders and courts)
- understand, interpret and apply the recent legislation dealing with cross-border insolvency cases
- identify practical and commercial issues raised during a cross-border settlement of a given case.
Content
- Treaty of the European Community (EGV) about insolvency proceedings
- Substantive insolvency laws in key jurisdictions
- Recognition of foreign proceedings
- Coordination of concurrent proceedings
- Cross-boarder collaboration between judges and liquidators
- Access to the capital markets
- UNCITRAL's model law on cross-border insolvencies
- Out-of-court workouts and 'pre-packaged' plans
- Banking crises
- IMF's sovereign debt restructuring mechanism
- Holdout creditors and the use of collective action clause
- The London approach
- The role of the Paris club
Mergers and Acquisitions
Teaching hours and credit allocation: 16 hours, 3 credits
A merger or large acquisition is often the most significant event in the life of a firm and can have dramatic consequences for all of a firm's constituencies. Lawyers and the law play critical roles in how mergers and acquisitions are evaluated, structured and implemented. This module focuses on the routes by which the takeovers and mergers are structured and aims to provide a comprehensive examination of how the conduct of these transactions is regulated internationally and in the European Union. Systems of merger control world wide-both in the developed and developing world-and their operation will be part of this module which will be taught in a practical manner, to reflect the very nature of mergers and acquisitions.
Learning outcomes
On completion of this module, students are expected to be able to:
- demonstrate a knowledge and understanding of the corporate dynamics of mergers and acquisitions
- understand the complex legal corporation dynamic that exists within the process of asset added value and takeover behaviour
- understand the reasons for which merger activity is undertaken
- be aware of the risks, the structuring of transactions and the regulation of mergers and acquisitions
- appreciate the complex economic and other forces which create the conditions for merger activity
- recognise the important risks of merger activity from political and corporate perspectives
- Advise on the legal regulatory framework applicable to the merger form employed
- Critically analyse corporate merger strategy and the role of professional advisors and regulatory agencies
- Understand the needs of business for competent legal advice in undertaking transactions
- communicate key legal concepts to professional and business audiences
- Research and synthesize legal requirements applicable in the business sphere
Content
- History and Theories of International Mergers and Acquisitions
- Mergers: Operation, statistics, significance
- Acquisition Documents
- Various Potential Structures of a Merger and Acquisition Transaction
- Corporate Mergers and Acquisitions: Players, Mechanics and Sources of Law
- Successor ship to Assets and Liabilities: The Effect of an Acquisition on Outstanding Patent Licenses, Leases, Collective Bargaining Agreements, Pensions and Contingent Product, Environmental and Civil Rights Claims
- Antitrust and Merger Control
- The Legal Duties of Boards of Directors, Senior Executives and Controlling Shareholders
- Anti-takeover Defences
- Sources of EU Law that Govern Merger and Acquisition Transactions
- Accounting and Tax Issues in Mergers and Acquisitions
- Protecting Consumer Interests in Mergers and Acquisitions
Internet Law and E-Business
Teaching hours and credit allocation: 16 hours, 3 credits
The aim of this module is to examine the substantive law that relates to the internet by looking in detail at how effectively the existing laws regulate use of internet and to critically and comprehensively analyse the legal issues pertaining to e-commerce. This module will introduce students to the theoretical, technological and practical dimensions of internet technology within the political economy of the emerging legal architecture and provide an in-depth analysis and examination of the adequacy of the law in force to cope with the practical issues raised by e-commerce. In particular, this module will examine where there are gaps, conflicts and compliance issues within the current and developing legal framework on internet and e-commerce and to what extent the existing legal framework impacts on new and emerging technologies.
Learning outcomes
On completion of this module, students are expected to be able to:
- understand the nature and characteristics of the internet and associated technologies and how these impact on existing legal relationships, rights and concept
- understand how the internet has revolutionised the transmission and distribution of information and how this affects the regulation of information flows
- understand the principles relating to jurisdiction and enforcement in international law and how these are applied to the internet
- learn to assess the significance of private forms of regulation (self-regulation, regulation by Code)
- analyse the challenges for the law and how they should be overcome
- analyse critically new technologies by assessing their impact on the law (e.g. how the peer-to-peer file sharing software and digital rights management rebalances the existing balance of rights between copyright holders and users of copyright-protected materials)
- understand the multifarious and complex legal issues involved in setting up and running e-commerce and other information activities
- explain how internet technology and the law impact on each other
- criticise the legal framework for e-commerce (e.g. from a consumer protection viewpoint or a business compliance viewpoint)
- analyse the jurisdictional issues raised by e-commerce
- advise businesses engaging in e-commerce on their legal compliance and legal risk management
Content
- Structure, technology and characteristics of the internet
- Internet governance and regulation
- Different forms of regulation, state and self-regulation
- Jurisdiction issues
- Intellectual property issues arising from the technology
- Data protection
- Location, authentication and identity issues
- Cyber crime
- Freedom of speech and regulation of illegal content
- Consumer protection and trust issues
- The liability of internet services providers
- E-commerce business models
- Practical legal issues on setting up an e-commerce business
- Webvertising
- Online contracting
- Electronic payment
- E-commerce and taxation
- Business to business e-commerce
- Business to Consumer e-commerce
- Dispute resolution
- Privacy, security and liability
Banking Legal Environment
Teaching hours and credit allocation: 16 hours, 3 credits
This course aims to provide a detailed and advanced understanding of the latest developments in law and practice relating to the international banking industry. The legal framework of banks will be analysed and it will be shown whether the rights of creditors and contract enforcement have effect on the development of banks. This course also aims to enable students to understand and appreciate the role of the international banking system within the international financial markets and to foster a sophisticated appreciation of the role of the international banking system as the means of payment in international sales. Basic aim of this course is to develop students' capacity for critical analysis and logical thinking and to encourage independent learning and reflection.
Learning outcomes
On completion of this module, students are expected to be able to:
- understand the legal framework of banks and banking regulation in different jurisdictions
- understand the issues relating to disputes, contracts, customer service, self regulation and property
- understand the cross-border differences in the legal rights of creditors
- realize the connection between banking development and the rights of creditors and the efficiency of contract enforcement
- develop critical understanding of the evolution of the payment system in international sales and to reflect on the forces shaping it
- understand the contribution of the international banking system in the provision of an essential ingredient in international sale transactions
Content
- Introduction to the legal framework of banks with examples of particular banks
- Analysis of the Treaty and Relevant Protocols and Declarations regarding the legal framework of the European Central Bank
- Establishment and expansion of banks
- Banking consolidation and related EU directives
- Introduction to banking regulation: Objectives and principles. Instruments and Requirements
- Different aspects of the contract between banker and customer. The nature of the relationship between banker and customer
- Legal rights of creditors and contract enforcement in different countries in Europe
- Payment and payment systems, including the nature of payment, electronic funds transfer and electronic money
- Property as security. Checks and other payment instruments
- The role of the European Ombudsman
- Banking development
- Private Banking Law
- Money laundering and anti-terrorist financing
- Interrelation of banking legal environment and economic growth, capital accumulation and productivity growth
Financial Crime
Teaching hours and credit allocation: 16 hours, 3 credits
The aim of this module is to provide critical understanding of the economics of crime and criminal law by establishing students’ knowledge of fraud corruption and money laundering laws internationally and in the European Union. This course also aims to equip students with awareness of the risks of banks, financial institutions and the financial system being used for illegal purposes in particular for laundering the proceeds of crime and how efforts from international and European law makers and Courts have sought to prevent use of the financial system. The different sessions address, from both a theoretical and practical angle, issues such lawyers, bankers, businessmen and other professionals are regularly confronted with and provide an overview on the latest developments and best practice.
Learning outcomes
On completion of this module, students are expected to be able to:
- identify the development of knowledge in fraud and financial crime
- examine the historical and economic development of fraud corruption and money laundering related laws
- examine the functions of fraud corruptions and money laundering
- contrast differing legal approaches to the proceeds and instruments of crime
- develop critical skills in evaluating existing academic and professional literature on financial crime
- understand the differences between the use of forfeiture and confiscation
- apply the rules to specific issues or fact situations
- develop critical understanding of the relationships between civil and criminal law in the context of fraud corruption and money laundering
- explore the use and development of money laundering laws
- understand the globalisation in this area and the significance of these developments for tax havens
- Develop preferences and propose solutions to current problems.
Content
- Financial Crimes (money laundering, funding of terror, corruption, non and mis-disclosure of information, forgery and falsification of documentation, aiding and abetting, interference with the Administration of Justice)
- The Risks of Financial Crime (identification, control and management of risk in the context of financial crime, risk exposure, legal and operational risk, risk impact risk and responsibility)
- The Law of Financial Crime (the approach in various jurisdictions such as in Civilian Law, in Socialist and in Developing Jurisdictions)
- money and anti-money laundering legislation
- roles and responsibilities of transnational regulatory agencies, such as FATF and EGMONT
- Conventions, The EC Directive on Money Laundering
- ways in which law enforcement authorities investigate allegations of money laundering
- Tax Offences
- Cartels Offences
- Cyber Crime
- The Criminal Process (Nature, criminal investigation, prosecution of crime, proceeds of crime, disclosure and use of official information)
- The Civil and Regulatory Control of Financial Crime (Process, civil fraud, breach of trust, dishonest assistance)
- Crimes that are Financially Motivated (fraud by representation or conduct, misappropriation, unjust enrichment, insider dealing, market abuse, fraudulent trading, blackmail, extortion, racketeering, criminal enterprises, unfair trade practices)
European Procedural Law
Teaching hours and credit allocation: 16 hours, 3 credits
This module aims at examining the influence of EU Law on procedural law, both civil and criminal. Apart from institutional considerations, various pieces of secondary Union legislation will be discussed. This module will analyze EU and international legal instruments harmonizing issues with regard jurisdiction in torts and in the field of contracts. This knowledge is absolutely necessary for a lawyer willing to deal with international commercial transactions. Moreover, students will have the opportunity to focus on criminal procedural issues which are becoming more and more important as the fight against crime had become Pan-European. The foundations of these Union activities are based on the area of freedom, security and justice (Title V of the Treaty on the Functioning of the European Union). Students will study, in detail, institutional, substantive and procedural aspects of judicial cooperation in civil matters and of judicial cooperation in criminal matters. Judicial cooperation in civil matters seeks to abolish barriers deriving from incompatibilities between the various legal and administrative systems, and thus facilitate access to justice. During classes, emphasis will be given on the principle of mutual recognition and enforcement of judgments and of decisions resulting from extrajudicial cases. Judicial cooperation in criminal matters is based on the principle of mutual recognition of judgments and judicial decisions by Member States. It involves the approximation of related national laws and the application of common minimum rules. Additionally, the enforcement and remedies in EU law, as well as the direct jurisdiction of the European Court of Justice will be discussed.
Learning outcomes
On completing the course students will be able to:
- understand that individuals and businesses should not be prevented or discouraged from exercising their rights by the incompatibility or complexity of legal and administrative systems in the Member States
- understand the European rules of private international law applying to civil and commercial matters
- understand the issues that might arise in civil and commercial proceedings involving more than one state
- understand that the aims of judicial cooperation in civil matters in this area are legal certainty and equal access to justice for all EU citizens
- critically evaluate the system of judicial protection under EU law
- be aware of the need for further harmonization of civil procedure on a European and global scale
- examine if the European legislature fulfill the following objectives: easy identification of the competent jurisdiction, clear designation of the applicable law, availability of speedy and fair proceedings and effective enforcement procedures
- Understand the significant evolution of judicial cooperation in criminal matters
- Understand that criminal behaviours must be approached in the same way at EU level
- Critically evaluate directives aiming at the approximation of the laws and regulations of the Member States in criminal matters
- Be aware that the areas of particularly serious crime with a cross-border dimension are the following: terrorism, trafficking in human beings and sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organized crime.
- Understand Eurojust’s mission
- Read and understand the police cooperation of the EU.
- Understand the functioning of the European arrest warrant and especially the practical issues arising from its use.
Content
- European small claims procedure
- European order for payment procedure
- European enforcement order for uncontested claims
- Jurisdiction, recognition and enforcement of judgments in civil and commercial matters ("Brussels I")
- Jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility ("Brussels II")
- Insolvency proceedings
- Alternative dispute resolution: mediation
- Strengthening cooperation with Switzerland, Norway and Iceland: the Lugano Convention (2007)
- Service of judicial and extrajudicial documents
- Taking of evidence in civil and commercial matters
- European Judicial Network in civil and commercial matters
- The law applicable to contractual obligations – The Rome I Regulation
- The law applicable to non-contractual obligations - The Rome II Regulation
- Applicable law and jurisdiction in matrimonial matters
- Eurojust
- The right to interpretation and translation in criminal proceedings
- Jurisdiction in criminal proceedings: prevention and settlement of conflicts
- Mutual recognition of supervision measures
- European evidence warrant (EEW)
- Supervision of sentenced persons or persons on conditional release
- Mutual recognition of custodial sentences and measures involving deprivation of liberty
- Recognition and execution of confiscation orders
- Mutual recognition of financial penalties
- Execution of orders freezing property or evidence
- European arrest warrant
- Judicial Review and indirect challenge before national courts
- Fines and penalty payments on Member States for breaches of EU law
- the enforcement and remedies in EU law,
- the direct jurisdiction of the European Court of Justice.
EU Consumer Law
Teaching hours and credit allocation: 16 hours, 3 credits
The aim of this module is to study the process of market integration in the EU from the consumer's point of view. The module examines the mechanisms that can assure that EU marketplace provides consumers with quality goods and services at optimal prices. The rise of consumerism is a response to the vulnerability of consumers and the need to protect them against dangerous products, fraudulent and deceptive practices, unconscionable contracts, etc. Consumer protection throughout the European marketplace is a significant issue in the EU policy agenda. From product liability and consumer contracts to labelling and advertising, the module provides a comprehensive analysis of EU legislation and policies affecting consumers.
Learning outcomes
On completion of this module, students are expected to be able to:
- Appreciate the size of the EU market, the need for consumer protection and the need for harmonising rights for consumers;
- Understand the paradigm of the informed consumer;
- Understand the mechanisms of individual and collective consumer protection;
- Explore the relevant legal instruments;
- Explore important judgments of the European Court of Justice on consumer law;
Content
- Origins and evolution of EU Consumer Law;
- Sources of EU Consumer Law; the consumer law directives;
- The process towards the adoption of the Directive on Consumer Rights;
- Selected European Court of Justice cases;
- The relationship between consumer law and competition law;
- Unfair commercial practices, with special reference misleading advertising and aggressive sales practices;
- Product liability / liability for defective products;
- Product safety, with focus on food safety;
- The General Product Safety Directive;
- Sector-specific legislation: chemicals, pharmaceuticals, cosmetics, toys, etc.
- EU rapid alert systems for dangerous consumer products;
- Major food scandals and alarms;
- Market surveillance; strengths and weaknesses of the current framework;
- European Committee for Standardisation and other standard-setting bodies at national and European level;
- Sale of goods and services, with special reference to e-commerce;
- The Electronic Commerce Directive;
- Consumer protection in the field of financial services;
- Consumer protection in the fields of travel and tourism;
- The EU Consumer Policy Strategy 2007-2013;
- Imports into the EU from third countries; the role of custom authorities;
- Cross-border enforcement; the Regulation on consumer protection cooperation;
- The OECD cross-border fraud guidelines;
- Litigation, remedies and enforcement;
- Towards a European approach to collective redress, injunctive relief and compensatory relief; creating "class actions" along the US model?
- The role of European consumer organisations;
- Alternative dispute resolution for consumers in the internal market.
Data Protection Law: General Data Protection Regulation
Teaching hours and credit allocation: 16 hours, 3 credits
Course assessment: exams
Data protection standards are becoming increasingly high, and data controllers face the more and more complex task to evaluate whether their data processing activities are legally compliant, especially in an international context. Over the last years, data have become a valuable asset and are even called the currency of the future. In this context, the European Union adopted the General Data Protection Regulation (GDPR) to further harmonise the rules for data protection within the EU Member States and to raise the level of privacy for the affected individuals. This course aims to provide a detailed and advanced understanding of the latest developments in law and practice relating to data protection through interactive study of both relevant legislation and case law.
Learning outcomes
On completion of this module, students are expected to be able to:
- define the concepts of "privacy" and "data protection" and explain the role of these concepts in the modern interconnected global economy;
- understand the legal framework of data protection in different jurisdictions;
- identify the relevant applicable law and jurisdiction;
- realise the fundamental data protection concepts (e.g., consent, personal data, data controller/data processor etc.);
- understand the role of Data Protection Officers (DPOs) and the interaction with the Supervisory Authorities;
- explore the notion of privacy by design & privacy by default;
- examine relevant issues concerning international transfer of personal data;
- develop critical skills in evaluating existing academic and professional literature on data protection.
Content
- International human rights instruments and case law
- Data protection legislation
- Scope of application of the GDPD
- Data processors and data controllers: roles and responsibilities
- Data processing principles
- Lawfulness of data processing
- Data Subjects’ Rights
- The Right to be Forgotten
- Data protection in social networks
- Electronic marketing and advertising issues
- Surveillance at the work place and in public places
- Data protection enforcement
Reading Books
Kelleher, D. (2017), EU Data Protection Law, Bloomsbury Professional, UK; Rucker, D./Kugler, T. (ed.) (2017), New European General Data Protection Regulation: A Practitioner's Guide, Hart Publishing, UK; Voigt, P./von dem Bussche, A. (2017), The EU General Data Protection Regulation (GDPR) - A Practical Guide, Springer, Switzerland.
The Dissertation
By the end of the series of taught courses, students choose a dissertation topic relevant to the courses of the LLM programme. The topic is chosen by the student with input and advice from a faculty member, who acts as the supervisor, working closely with the student. The dissertation is an individual paper of original scientific work, which upon completion is submitted for examination and approval by a three-member committee chaired by the student’s supervisor.
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