2020 Legal English syllabus PDF

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LEGAL ENGLISH

University of Hasselt / Maastricht University / K.U. Leuven

2020 – 2021

TABLE OF CONTENTS Organisation of the Course........................................................................................................4 Objective................................................................................................................................4 1

Course Coordinator / Tutors..................................................................................................5 Tutorial meetings...................................................................................................................5 Debates..................................................................................................................................6 Additional rules concerning attendance:...............................................................................7 Assignment............................................................................................................................8 Final Grade............................................................................................................................8 Resit.......................................................................................................................................8 Original work.........................................................................................................................8 Meeting 1 – The European Union.............................................................................................9 Listening and Reading Materials...........................................................................................9 Comprehension Exercise.......................................................................................................9 Meeting 2 – European Union Law..........................................................................................10 Reading Materials................................................................................................................10 Comprehension Exercise.....................................................................................................10 Debate 1 – EU Membership................................................................................................10 Meeting 3 – European Human Rights.....................................................................................11 Listening and Reading Materials.........................................................................................11 Comprehension Exercise.....................................................................................................11 Debate 2 – COVID-19, Technology and Human Rights.....................................................11 Meeting 4 – The Sources of International Law.......................................................................12 Listening and Reading Materials.........................................................................................12 Comprehension Exercise.....................................................................................................12 Debate 3 – Referenda...........................................................................................................12 Meeting 5 – The United Nations.............................................................................................13 Reading Materials................................................................................................................13 Comprehension Exercise.....................................................................................................13 Debate 4 – Humanitarian Intervention................................................................................13 Meeting 6 – UN Human Rights System..................................................................................14 Reading Materials................................................................................................................14 2

Comprehension Exercise.....................................................................................................14 Debate 5 – Social Media and Human Rights.......................................................................14

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ORGANISATION OF THE COURSE OBJECTIVE The objective of the course is to allow students to become accustomed to working in English in a legal and academic setting. The language is the central focus, whereas the law is used rather as a medium. Due to the measures taken in response to the new coronavirus, the course will take place entirely online. It consists of six 1.5 hour sessions during the second quartile of the first year. In the first and last weeks, online Q&A sessions will also be scheduled. Since Legal English is a subspecies of legal language, it is system-specific and features in various forms at the national, supranational and international level. This course covers basic terminology and phraseology specifically relating to international and European Law, including human rights law. Students will practise the legal terminology used in these two areas through oral and written assignments. At the end of the course students should feel more confident using basic terminology and phraseology in the areas of law covered, in both written and oral work. Students should also be able to contribute to class discussions in English. As the development of language skills is the main focus of the course, all communication about the course between students, tutor and the coordinator will take place exclusively in English. Please keep this in mind if you need to contact your tutor or the coordinator. Skills:

Exercises: Ø Comprehension exercises Ø Assignment

Reading (passive) & Writing (active) Listening (passive) & Speaking (active) Terminology/ Phraseology

Ø Debates Ø Tutorial sessions Ø Comprehension exercises Ø Debates and tutorial sessions

COURSE COORDINATOR / TUTORS Course coordinator 4

Dr. Wim Muller Assistant Professor, Department of International and European Law, Maastricht University E-mail: [email protected]

Tutors Sarah de Heer Lecturer, Department of International and European Law, Maastricht University E-mail: [email protected]

Clara Hellinger Lecturer, Department of International and European Law, Maastricht University E-mail: [email protected]

Rick Schumans Lecturer, Department of International and European Law, Maastricht University E-mail: [email protected]

TUTORIAL MEETINGS There are six tutorial sessions in total. Attendance is mandatory! Students will find more specific information on the topics addressed and the required reading and exercises in preparation for the tutorial meeting under each class heading. The first tutorial meeting will be devoted to organisational issues and then a discussion of the comprehension exercise. In the remaining tutorial meetings, the first hour will be dedicated to a debate, while the remaining half hour will be dedicated to discussing the comprehension exercises. There will be a small break in between both parts. Students must be fully prepared for each tutorial meeting. Make sure to carefully read and/or listen to the materials listed and prepare the exercises for each meeting in writing. Please ensure you have these answers available easily during the tutorial meeting. Students are required to look up the reading materials listed under each class heading independently. Some of the reading materials will be distributed via Blackboard. Students must actively participate during tutorial meetings, that means volunteering answers (without having to be called upon specifically), listening critically to and reflecting upon 5

fellow students’ answers and, thus, actively and substantively contributing to class discussion. It is strongly advised to prepare all oral and written assignments well, as it is only through practice that one can master a language. To ensure active participation by students in the online tutorials, all students are required to have their cameras on at all times. If you have a valid reason (e.g. of a technical nature) why you cannot switch on your camera, inform your tutor beforehand. Please keep your microphone muted when you are not speaking.

DEBATES In the first tutorial meeting, the students are divided into teams (of generally 2 or, depending on the size of the group, 3 students) and assigned a debate topic. There are five debate topics, which can be found under the respective class headings. The debate will focus on a proposition (or statement). Each team will be asked to argue for or against this proposition: team 1 and 2 respectively. The debate will proceed as follows: Ø Ø Ø Ø Ø

Speech team 1 (in favour): 10 minutes; Speech team 2 (against): 10 minutes; Free phase in which all debaters participate: 10 minutes; Questions/comments from the audience: 2.5 – 5 minutes; Concluding statement team 1: 2.5 minutes; Ø Concluding statement team 2: 2.5 minutes; Ø Feedback.

During ther opening speeches, each team presents their main arguments for/against the proposition. You are strongly encouraged to make use of PowerPoint for the opening speech to make it easier to follow the debate especially since it is online. Once both teams have presented their main arguments, each team will seek to rebut the arguments of their opponent during the free phase. Then the audience (i.e. the other students) may ask questions and make comments. The debate ends with concluding statements by each team. Finally, each team will receive some general feedback as to their performance. What you – as a debater – should bear in mind: Ø Remember you are contributing to a debate – your aim is to convince your audience to support your position; Ø Your arguments should be (legally) correct, clear, easy to follow and logical; Ø Your speech should be interesting to listen to. You must not simply read out a prewritten presentation verbatim. This will make it dull and uninteresting to listen to and you will not convince your audience of your position; instead use notes or flashcards with keywords; Ø Speak clearly and slowly. Project your voice; Ø Watch your body language (which is even more visible online) and look at your audience; 6

Ø Listen to your opponents and during the free phase (try to) react to their arguments on the spot (as opposed to a rehearsed speech); and finally Ø Preparation and practice are key! How to proceed: 1. Begin by introducing yourself, your topic and position and explain why this issue is important; 2. Give a brief outline of your presentation – tell your audience about your standpoint and the points you will be raising; 3. Proceed logically – present a series of reasons/arguments that support your position; 4. Where possible, refer to sources to support your argument, e.g. academic literature, case law, documents from international institutions, positions of (Member) States; 5. Where possible, give concrete examples to support your argument, e.g. areas where problems have arisen; 6. Conclude by reminding your audience of your position and the main arguments you have put forward. Each debater must substantively contribute to the (preparation of the) debate. You are expected to carry out independent research in relation to your position and work together as a team. It is advised that teams meet up outside of the regular tutorial meetings to do so effectively. Participation in a debate is an exam component without which you cannot pass the course. Your performance in the debate will be assessed by your tutor and constitutes 25% of the final grade. Insufficient participation and/or a poor performance will have a negative impact on this grade.

ADDITIONAL RULES CONCERNING ATTENDANCE: 1.

2.

Special circumstances: in the event of personal hardship, calamity or illness, the latter requiring a doctor’s note, resulting in the student missing one tutorial meeting, the student is given the opportunity to carry out work to compensate for the missed meeting; Absence without reason: in circumstances other than the above, the student will not be given the opportunity to compensate for the missed meeting. In that case the student has not fulfilled all the exam components and will, therefore, be unable to successfully pass the course.

ASSIGNMENT Each student must complete a written assignment. The assignment will consist of a number of texts (such as a judgment of the European Court of Human Rights or a journal article) that students must read and analyse. Further details will be provided in due course via Blackboard. Students are assessed on their comprehension and writing skills. The assignment must be submitted on Blackboard before the deadline and constitutes 75% of the final grade. 7

FINAL GRADE The following is the breakdown for the course grading (grade out of 20): Activity ØPerformance in the debate: 25% ØAssignment: 75% Grades for the different exam components will not be communicated to the students during the course.

RESIT Students who fail the course at the first round are given the opportunity to resit the assignment component only. That means that their grades for the debate during the tutorials will remain and constitute 25% of their final grade. They will be given a new assignment to be completed within the resit period. The resit assignment must be submitted on BlackBoard and the deadline will be communicated a.s.a.p.

ORIGINAL WORK Students who do not submit original work, for instance because they copied from the internet or from other students, will be referred to the Examination Board. This applies to both individual and group work.

MEETING 1 – THE EUROPEAN UNION LISTENING AND READING MATERIALS -

Treaty on the European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). See the website EUR-Lex (http://eur-lex.europa.eu). Mr. Cloos’ interview on A Short History of the European Union. See the website of the United Nation’s Audiovisual Library of International Law (http://www.un.org/law/avl/), Lecture Series – Regional Organisations.

Please prepare this task and the comprehension exercise before tutorial meeting 1: 1. Test your English at http://www.cambridgeenglish.org/test-your-english/. Did the result turn out as expected? yes 2. What do you think is going to be the greatest challenge for you during this course? Paying attention and attndance lmao 8

3. Read the description of the five debates. Do you have any questions? Which debate would you like to do? 2 (covid, facial recognition) and 4 (military UN) After a brief introduction of the tutor and participants you will discuss the organisation of the course, including what is expected from you during the tutorial meetings, the debate, and the writing assignment to successfully complete the course. In addition, you will exchange views on speaking a foreign language. Finally, the tutorial groups will be divided into teams and assigned a debate topic. The first debate will take place during tutorial meeting 2.

COMPREHENSION EXERCISE Examine the reading and listening materials listed above and answer the questions in your own words, stating your sources where necessary. Your answers will be discussed during the (first) tutorial meeting. 1. Explain and discuss the history and development of the European Union. -

After the second World War contries wanted a way of preventing more war.

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Steel and Coal thingy mcbob of Luxembourg

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Robert Schumer 9 may 1950, reconsiliation Germany and France, idea to put the elements needed to create war under a supranational organisation so there can’t be war.

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6 countries first, Italy, France, Germany, Benelux  French treaty 1952

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Now 28 member states

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Basic principles remain, mutual respect, rule of law, small medium and big countries working together, autonomous organs of the EU, ...

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1955 conference, 2 new institutions  EU economic community and EU community of civil use of nuclear power

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Institutions were merged

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Political and monetary union after fall of Soviet Russia

2. What is the purpose/aim of the EU? -

Reconsiliation and peace between countries. Something based on mutual respect, not on might or power.

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Offer freedom, security and justice without internal borders

3. Discuss how the EU is relevant for you. -

No war for me, safety, easier travel, all rights reserved

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MEETING 2 – EUROPEAN UNION LAW READING MATERIALS -

Treaty on the European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). See the website EUR-Lex (http://eur-lex.europa.eu). European Commission, The European Union Explained: How the European Union Works, European Union, November 2014. See Blackboard. Court of Justice of the European Union, Elisabeta and Florin Dano v Jobcentre Leipzig, C-333/13, 11 November 2014. See the website EUR-Lex (http://eurlex.europa.eu).

COMPREHENSION EXERCISE Examine the reading materials listed above and answer the questions in your own words, stating your sources where necessary. 1. What are the competences of the EU? 2. List the official institutions of the EU. What is their main power and function? Read the judgment of the Court of Justice in the Dano case and answer the following questions: 3. How was this case brought before the European Court of Justice? 4. What was the factual background to this case? 5. Which principle can be found in articles 18 TFEU, 24 Directive 2004/38 and 4 Regulation 883/2004? 6. According to the Court, what is the importance of the status of Union citizenship? 7. According to the Court’s analysis, Ms. Dano can only claim equal treatment if she is legally resident in Germany in conformity with Directive 2004/38. In which situation would that be the case? 8. Can Ms. Dano claim equal treatment? Explain.

DEBATE 1 – EU MEMBERSHIP PROPOSITION: 10

The European Union should guarantee membership to regions, such as Catalonia, that are seeking independence from EU member states.

MEETING 3 – EUROPEAN HUMAN RIGHTS LISTENING AND READING MATERIALS -

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1950 Convention for the Protection of Human Rights and Fundamental Freedoms (or European Convention on Human Rights). See the website of the Council of Europe (www.echr.coe.int). ECHR, ‘New Film on the European Court of Human Rights’ published on YouTube (https://www.youtube.com/watch? v=EPWGdhgQlgk&list=PLT6qb4oU5fiINe8Cp23qVZ5kNHEX747X). Jochen A. Frowein, ‘European Convention for the Protection of Human Rights and Fundamental Freedoms (1950)’, Max Planck Encyclopaedia of Public International Law (2009). See Blackboard. European Court of Human Rights, Case of Leyla Şahin v Turkey, Application no. 44774/98, 10 November 2005. See the HUDOC-database (https://www.echr.coe.int/Pages/home.aspx?p=caselaw&c).

COMPREHENSION EXERCISE Examine the reading and listening materials listed above and answer the questions in your own words, stating your sources where necessary: 1. The ECHR is also referred to as a ‘living instrument’. Explain. 2. Give three examples of human rights protected by the ECHR. Refer to the relevant articles. Elaborate on the content and scope of these rights. 3. What are states parties’ obligations under the ECHR? Give examples. Read the judgment of the European Court of Human Rights in the Şahin case and answer the following questions: 4. 5. 6. 7.

Briefly describe the factual circumstances of the case. What was the legal question to be answered in this case by the Court? Explain how the right to freedom of religion can be limited? What did th...