The course is comprised of a compulsory introductory module and six challenging electives, which can be subject to change, depending on current interests and important developments in research and case-law. Each elective entails 700 minutes of teaching and a final written examination.
Courses are scheduled to allow participants to take advantage of all classes without having to worry about scheduling conflicts.
Introductory Module: An Introduction to EU Law
The course aims at introducing students to the general concepts of European Law in the narrower sense i.e. the law of the European Union. It thus serves as a preparatory course for the more specific subjects of EU Business Law following in week 2-4 of EBS Law Summer. After a short overview of the history and the development of the European Union since its beginnings in the 1950s, the course focuses on the foundations of the current Constitution of the EU. Thus, institutions such as the European Parliament, the Council of Europe and the European Court of Justice, will be covered before some light is shed on the sources and mechanisms of EU law according to the treaty of Lisbon. Finally, the law of the internal market, namely the free movement of goods, will serve as an important example for the substantive law of the EU.
The course is taught in interactive style and will feature various case studies stemming from the seminal jurisdiction of the European Court of Justice (ECJ). The course is accompanied by a site visit to the ECJ. Examination takes place in form of a written paper.
Commercial Arbitration in Europe
Although a specific European law on civil procedure is emerging, civil procedure, especially the taking of evidence, remains one of the areas where the common law legal tradition differs significantly from continental civil law. A party to a contract, for instance, will certainly be able to find justice before the courts of another EU Member State. Nonetheless, most parties are reluctant to appear before foreign courts with their unfamiliar rules of civil procedure and official language.
Particularly in the field of international business and commerce an increasingly attractive alternative to dispute resolution by way of court proceedings is arbitration. Arbitration is a mechanism for having a legal dispute decided by private persons in a final and binding manner.
With more than 70 % of all cross-border contracts containing an arbitration clause, arbitration has become the preferred dispute resolution mechanism in international trade. Parties typically choose arbitration for a number of reasons including their need for inexpensive and swift dispute resolution (generally no appellate instance exists in arbitration), their desire for confidentiality and the opportunities to freely select the arbitrators deciding the dispute and to freely determine the procedural rules governing the proceedings. For cross-border contracts, arbitration provides for additional specific advantages. Recognition and enforcement of arbitral awards is considerably facilitated by the 1958 New York Convention (one of the most successful conventions on commercial law) which is complemented by the 1961 European Convention. Arbitration provides for a neutral forum which can apply procedural elements stemming from both common and civil law traditions. Finally, as a result of the UNCITRAL Model Law on International Commercial Arbitration, national arbitration legislation has become more and more uniform. This convergence of arbitration laws further promotes arbitration as the instrument of choice for cross-border dispute resolution.
This elective gives an introduction into the law and practice of arbitration including the arbitration agreement, the constitution of the arbitral tribunal, the conduct of the arbitral proceeding, the arbitral award and its recognition and enforcement.
The elective approaches the topic in an interactive style requiring students’ active participation throughout the course.
European Corporate and Company Law
The course focuses on cross border movement of companies, in particular in the context of mergers and acquisitions (M&A) and cross-border intra-group restructurings, a topic of highest practical relevance. The course explores all relevant legal provisions and the most relevant case law by the European Courts. Students will be introduced to the principles of free movement of companies as developed and interpreted by the European Court of Justice. The course in particular covers cross border mergers, cross border movement of administrative and legal seat, as well as the SE, a legal form that has attracted many international companies throughout the recent years. Various case studies will shed light on the practical relevance of the above topics and highlight the difficulties in applying the law in daily practice.
EU Banking and Securities Laws
The intent behind this course is to familiarise students with the legal side of EU financial regulation, in particular of EU banking and securities law. No previous knowledge in such regulation or background in financial economics is required.
PART I on “EU Banking Law” will start with a concise history of EU legislation (regulations, directives, etc.) in general and the policies behind it, an overview of the existing European banking regulation as well as of the current and future regulatory infrastructure, including the forthcoming Banking Union. This will be followed by descriptions of the licensing and passporting regimes and a particular focus will be on the regulatory capital regime and its development (from Basel 1 to Basel 3 / CRD 4). The forthcoming rules on bank restructuring, living wills and bank insolvencies will also be a further subject as well as EU legislation on banking products, namely on payments in Europe, and on money laundering.
PART II on “Lessons from the Global Financial Crises” will start with an introduction to the various recent crises and the legislative/regulatory responses to them (G-20, EU, ECB) and be followed by a description of the resulting “sea of change”, i.e. numerous legislative and regulatory projects attempting to draw lessons from these crises. This part will be concluded by a first analysis of the results of these attempts.
PART III on “EU Securities Law” will commence with a brief history and a description of the current EU securities / investment services rules as well as of the instruments (shares, bonds, funds, derivatives) and infrastructure of the relevant markets (exchange vs. OTC trading, roles of issuers, investors, service providers/intermediaries, etc.). The main focus of this part will be on disclosure and transparency rules (including the prospectus regime) as well as on insider trading and market abuse provision. In addition, the new short selling rules, the ever more detailed customer conduct-related provisions (MIFID), a description of the investment funds’ related EU legislation (UCITs and AIFMD), the possibly forthcoming safe custody legislation (SLF or SLR) and, last but not least, the new regulation of derivatives (EMIR) will also be subjects of Part III.
EU Competition and Antitrust Law
The objective of this course is to provide students with a thorough understanding of EU Competition Law. For this purpose, the course will focus on the relevant legal provisions (primary and secondary European Law as well as soft law) and the most relevant case law by the European Courts and Commission.
The course will cover the major areas of Competition Law (i.e. cartels, abuse of market dominance and merger control) and will be divided into three units:
This unit will introduce the students to European Competition Law, outlining its aims, economic background and legal framework. Students will be familiarized with the fundamental legal concepts (concept of undertakings, delineation of the relevant markets, horizontal and vertical restrictions, market dominance; concept of Trade between Member States/Community Dimension). Further, the basic enforcement mechanisms of the European Commission will be elaborated.
The second unit examines horizontal (cartels) and vertical infringements of competition (Art. 101 TFEU), exploring inter alia their creation, the distinction of restrictions of competition by object and by effect, and the possibility of exemptions from prohibition under Art. 101 TFEU (Art. 101 (3) TFEU and Block Exemption Regulations). Students will be presented with the relevant soft law (interpretative notices by the Commission) and landmark decisions.
The third unit will be dedicated to abusive behavior (Art. 102 TFEU) and merger control. Students will learn what constitutes an abuse of a dominant market position, differences between exclusionary and exploitative abuses and potential justification of such behavior.
Particular attention will be paid to the European Merger Control Regulation (EMCR) and its requirements such as when a merger qualifies for notification and under which conditions a concentration significantly impedes effective competition and is therefore incompatible with the common market. In this context, students will be introduced to jurisdictional thresholds, the kind of mergers caught by the EMCR and the substantive test for clearance.
EU Financial Regulation
With the financial crisis, the European Union currently faces one of the biggest challenges ever since it was founded. The consequences for the European financial sector were dramatic and only tax payers’ money could save some of the Union’s biggest banks and insurance companies from insolvency. As a reaction, the EU is trying to reduce systemic risks, strengthen micro and macro-prudential supervision and improve crisis management procedures on a national as well as an Union level.
The course “EU Financial Regulation” focuses primarily on the institutional framework of the European Financial Regulation. It provides an introduction to the European System of Central Banks (ESCB) as well as the European Central Bank (ECB) and the co-operation with other institutions like the International Monetary Fund (IMF). Other topics will be the roles and functioning of other financial regulatory authorities such as the European Banking Authority (EBA), the European Securities and Markets Authority (ESMA) or the European Insurance and Occupational Pensions Authority (EIOPA). The last part of the course deals with the co-operation between these authorities as well as the role of the European Systemic Risk Board (ESRB).
The European Central Bank – Legal and Institutional Aspects
The European Central Bank (ECB) is the central bank of the 19 European Union countries which have by now adopted the Euro and as such one of the most influential central banks in the world. As an official EU institution of the EU the ECB is at the heart of the Eurosystem as well as the Single Supervisory Mechanism (SSM) for banking supervision. In addition to this, the European Securities and Market Authority (ESMA) is an independent EU Authority that contributes to safeguarding the stability of the European Union’s financial system by enhancing the protection of investors and promoting stable and orderly financial markets. The elective will give an introduction to the organisational setup of the ECB and the ESMA and will give an insight to the legal and institutional aspects of the two organisations.
Part I deals with the organisational setup of the ESMA. By means of introduction, a brief presentation of raison d’être and the relevant tasks of the European Supervisory Agencies (ESAs) and the SSM will be provided (convergence of supervisory practices). This part focuses both on EU financial and institutional law. A particular emphasis will lie on “EU instruments of supervisory convergence”. This topic aims at discussing the effect of the instruments issued under Articles 16 and 29(2) of Regulations (EU) No 1093/2010 (EBA Regulation), 1094/2010 (EIOPA Regulation), 1095/2010 (ESMA Regulation) and, mutatis mutandis, Article 4 of Council Regulation (EU) No 1024/2013 (SSM Regulation). Another topic will be the “Introduction to EU financial reporting” will examine the provisions of reporting of CSDR, EMIR, MAR, MiFID II and SFTR, and their implementing acts. We will discuss the reporting requirements, actors, recipients and procedures. Finally, in view of the stated purposes of the above acts, it will identify areas for potential streamlining/simplification of requirements and procedures. Thus, this part focuses more on EU financial law.
Part II will shed light on the institutional and operational framework of the Eurosystem and the ECB. In particular the course deals with the questions how the ECB was set up and how it has evolved, the institutional framework and its decision-making bodies and the general principles underpinning the Eurosystem such as accountability, transparency, and independence. In addition, Part II looks at the monetary policy transmission mechanism of the ECB as well as the instruments forming the operational framework. Finally, the lecture will provide an introduction to the tasks of the ECB and its advisory function and an outlook on future challenges.
Part III of the course will look at the rather new supervisory tasks of the ECB which forms one of the pillars of the new Banking Union which is currently being established as a reaction to the financial crisis. The course will give an introduction to how the so called Single Supervisory Mechanism works and describes the role of the ECB in this new supervisory setup.
This Elective will deal with the ECB as an institution of the EU and one of the major central banks in the world. As such it will particularly focus on its legal and institutional framework and enquire in how far these are able to turn the economic and political objectives of the ECB into reality.
Credits & Certificate
EBS has implemented all programmes in accordance with the Bologna policy.
Students can earn between 10 and 16 ECTS credits depending on the number of electives attended. All students are required to attend the introductory module as well as at least 3 electives.
The introductory course, “An Introduction to European Law”, is comprised of 1400 minutes’ classroom teaching and amounts to 4 ECTS. Each elective is worth 2 ECTS and comprises 700 minutes of classroom teaching. 2 ECTS credits equal 1 ABA credit.
Upon Successful Completion of the programme, students are awarded an EBS Law Summer certificate. This details the final grade, credits earned and the course details. As credit transfer lies within the discretion of the EBS partner institution, students are advised to contact their study abroad adviser regarding credit transfer eligibility.
(Students of our partner institutions are fully or partially exempt from our tution fees. Please consult your study abroad adviser for more details.)
€350 - applications received by 28 March 2017
€450 - applications received by 25 April 2017
€550 - applications received by 9 May 2017
*Terms and conditions for students from the University of Louiville may vary. These students are advised to contact their study abroad adviser for more details.
Students of EBS Partner Universities
Students of EBS partner institutions are exempt from the EBS tuition fees for this programme and will only be assessed the service fee. However, students may be required to pay tuition fees to their home universities.
Professionals and Students of Non-Partner Institutions
Professionals and students of non-partner insitutions are assessed a tuition fee of €4.000 plus the applicable service fee.
Participants will be assisted in finding suitable accommodation for the duration of the study programme.
Together with the EBS Housing Office, EBS Law Summer compiles a range of single and shared apartments, which participants can rent out for the duration of the programme. We do our best to find a wide selection of apartments in Wiesbaden but in the past students have also chosen to live near the EBS Business campus in Oestrich-Winkel and Eltville am Rhein, which are both less than a 30min commute away.
In case participants would prefer to conduct their own accommodation search, participants are also offered advice and assistance on where to look and what to look out for.
Cost of rent for accommodation offered by EBS Housing and Law Summer ranges from approximately €300 to €500 for 4 a week let, depending on the type of offer selected. For independent searches, participants should expect to pay at least €400 rent for the month.