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ARGUMENTATION AND METHODOLOGY

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

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ARGUMENTATION AND METHODOLOGY

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  1. ARGUMENTATION AND METHODOLOGY

  2. WHY? • Critically reflect upon EU law • Engaging with new developments of EU law • Social aspect • Complimentary aspect

  3. WHAT? • Methodologyof the judiciary at EU level • Autonomous-, teleological-, and text-basedinterpretation • Precedent • Accessing the court, pleadingbefore the court • The importanceof legal culture • The EU story • Stories from the memberstates • Lawaftermodernity • Lawyer as an innovator

  4. SO NOW WHAT? • Assessment • Participation (30%) • Writtenassignment(70%) • EuropeanLawMoot Court • Writtenassignment • Oral assignment • Workin group • Mini-mootcourt

  5. EUROPEAN LAW MOOT COURT COMPETITION 2013/2014 • Case M-564/13 Spyridon and others • http://zealot.mrnet.pt/mootcourt/index.php?article=124&visual=1&parent=16&id=16

  6. ASSESSMENT: STEP BY STEP • Individualwritten submission • 20 December deadline • therese.nyholm@jur.lu.se • Part question 3 only • Max 3000 words • Oral exam (2014)

  7. READING TIPS • Internal market, constitutionallaw, principlesofEuropean business lawcourses • A Scalia and B Garner Making your case: The art of persuadingjudges(Thomson 2008) – for oral presentation, general tips but NB USA-based

  8. WHICH EXERCISE? IN THE LEGAL PROFESSION, CRITICAL THINKING IS A PREREQUISITE It includes separating fact from speculation, weighing competing theories/arguments, analysing law, policy, case law, opinions, decisions, recommendations etc. and deducting the important points therein

  9. TO THINK ABOUT • BE CLEAR AS TO WHAT YOU ASK THE COURT TO DO • BE CERTAIN THAT THE COURT HAS THE JURISDICTION TO DO WHAT YOU ASK • THE COURT SHOULD UNDERSTAND THAT WHAT YOU SUGGEST TO DO IS THE BEST SOLUTION • Whatmotivates the CJEU? • Be objective in your arguments • Arguments should make logical sense

  10. AN ARGUMENT V. A GOOD ARGUMENT • An argument offers a conclusion, and supports this conclusion with reasons. • Conclusionsarestatementsthatcan be bothtrue and false. An argument, however, can be valid, invalid, sound, unsound, weark, coherent • Defendant is named George. Guilty starts with ‘g’. Therefore George is guilty.’

  11. No rules in the handbookarecapable in themselvesofmaking brilliant performanceoutofthosewhointendtodispensewithpractice and exercise ca 30 B.C.

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