Central European University
Legal Studies Department
Information Booklet
1997 - 1998
Academic Year
Contents
Welcome...... 3
Faculty and Staff...... 4
The Program of Legal Studies...... 7
Courses...... 8
Course Descriptions...... 15
Degree Requirements...... 54
Students’ Rights, Rules and Academic Procedures +
CEU Examination and Grading Policy...... 55
Rules Concerning the Master's Thesis...... 65
Whom To See...... 66
How to Read Schedule...... 67
Welcome
Welcome to the Legal Studies Department of the Central European University.
This Information Booklet is intended to provide you with all the basic information you need, including profiles of the Legal Studies Department faculty and staff, course requirements, course descriptions, schedules for the preparatory module, CEU examination and grading policy, degree requirements, and information about the university’s facilities.
Please do not hesitate to contact the Program Coordinator for any other information that you might need. We hope that the program of the Legal Studies Department will meet your expectations and we wish you much success in your studies.
Program Coordinator
Faculty
Head of the Department Csilla Kollonay Lehoczky (Hungary)
Full-Time ProfessorsAlberto Costi
(Italy/Canada)
Stefan Messmann
(Germany)
András Sajó
(Hungary)
Stanley Siegel
(USA)
Tibor Várady
(Yugoslavia)
Staff
Program CoordinatorÉva Rér
Secretary to the Head of DepartmentBeáta Hargitai
AdministratorMaria Balla
CEU/Asser College Europe (Documentalist)Zoltán Takács
Visiting Faculty
John Barcelo (USA)Cornell University School of Law
Károly Bárd (Hungary)
COLPI
Peter Behrens (Germany)
Hamburg Max-Planck Institute
Laura Biesecker (USA)
CEU Language Centre
Alexander Blankenagel (Germany)
Humboldt University Berlin
György Boytha (Hungary)
Eötvös Lóránd University Budapest
Robert Dawson (USA)
CEU Computer Laboratory
Nenad Dimitrijevic (Yugoslavia)
CEU Department of Political Science
Cole Durham (USA)
Brigham Young University
Roger Errera (France)
Conseil d’Etat
Anna Fornalczyk (Poland)
CDC Competitive Development Centre Lodz
Eleanor Fox (USA)
New York University Law School
Francis Gabor (USA)
University of Memphis
Denis Galligan (UK)
University of Oxford
Guy Haarscher (Belgium)
Université Libre de Bruxelles
Gábor Halmai (Hungary)
CEU Human Rights
Attila Harmathy (Hungary)
Eötvös Lóránd University Budapest
Peter Hay (USA)
Emory University School of Law
Stephen Holmes (USA)
University of Chicago Law School
Peter Jaszi (USA)
American University Washington, D.C.
János Kis (Hungary)
CEU Political Sciences
Sanford Levinson (USA)
University of Texas Law School
Kata Miklósi (Hungary)
János Martonyi (Hungary)
Baker & McKenzie
Ross Nankivell (USA)
Emory Univerisy Law School Atlanta
Wiktor Osiatynsky (Poland)
CEU Warsaw
John Palmer (USA)
Attorney at Law
Faust Rossi (USA)
Cornell University Law School
Mária Szlatky (Hungary)
CEU Library
C.C.A. Voskuil (Netherlands)
TMC Asser Institute The Hague
Advisory Board
Tibor Várady (Chair)Attila Harmathy
CEU Budapest College, HungaryELTE University, Hungary
Richard BuxbaumSteven Holmes
University of CaliforniaUniversity of Chicago, Law School
Berkeley, USAUSA
Peter BehrensMonroe Price
Max-Planck Institute Benjamin N Cardozo
Hamburg, GermanySchool of Law, USA
Roger ErreraAndrás Sajó
Conseil d’EtatCEU Budapest
Paris, FranceHungary
Walter Van Gerven
Advocate General
European Court of Justice, Luxembourg
The Program of Legal Studies
- Courses
- Course Descriptions
- Students’ Rights, Rules and Academic Procedures
- Degree Requirements
- Rules Concerning the Submission and Evaluation of Master’s Thesis
Courses
The CEU Legal Studies Program is divided into two streams: Comparative Constitutional Law and International Business Law. They examine legal traditions of both civil law (continental) and common law systems.
Studies in Comparative Constitutional Law include intensive courses on the main problems of constitutionalism, on human and minority rights and on issues that are relevant to the international legal system.
The program in International Business Law focuses on the fundamental institutions of a market economy with special reference to the international business transactions. There are opportunities for in-depth examination of theoretical, financial and contractual matters, and methods of dispute resolutions.
Whereas the majority of the courses are tailored to the requirements of one or the other stream, some of the courses offered are common to both streams. In both streams a number of the courses are mandatory. In addition to mandatory courses, a considerable variety of elective courses are offered allowing specialization in several directions.
The curricula of mandatory and elective courses for each stream and by each module are as follows:
ACADEMIC YEAR 1997 - 1998
FALL SEMESTER
Preparatory Module August 4, 1997- september 8, 1997
INTERNATIONAL BUSINESS STREAM
COMPARATIVE CONSTITUTIONAL STREAM
MANDATORY COURSES / PROFESSORS / HOURSLegal Terminology / F. Gabor
F. Gabor
R. Nankivell
R. Nankivell / 14
14
14
14
Trial Advocacy / J. Palmer / 14
Introduction to U.S. Const. Law / A. Sajó/ S. Levinson / 14
Introduction to European
Constitutional Law / A. Sajó/A.Blankenagel / 14
Contracts / T. Várady/F. Gabor / 14
Computer Training / R. Dawson / 16+2
English / L. Biesecker / 12
Library Orientation / M. Szlatky / 2
ELECTIVE COURSE / PROFESSOR / HOURS
Survival Hungarian / K. Miklósi / 14
Module i September 15, 1997 - October 24, 1997
INTERNATIONAL BUSINESS STREAM
MANDATORY COURSES / PROFESSORS / HOURS / creditsCorporations / P. Behrens / 28 / 2
International Dispute Settlement (continued) / T. Várady / 12
Legal Writing / N. Ni Chonchubhair / 8 / no credits
European Union Law I, II / P. Hay / 28 / 2
ELECTIVE COURSES / PROFESSORS / HOURS / credits
International Business Transactions / T. Várady / 28 / 2
Comparative Social Protection / Cs. Kollonay / 14 / 1
American Civil Procedure / F. Rossi / 14 / 1
Total sum: / 132 / 8
COMPARATIVE CONSTITUTIONAL STREAM
MANDATORY COURSES / PROFESSORS / HOURS / creditsLegal Writing / N. Ni Chonchubhair / 8 / no credit
European Union Law I / P. Hay / 14 / 1
ELECTIVE COURSES / PROFESSORS / HOURS / credits
U. S. Constitution History / A. Sajó / 14 (restricted) / 1
Freedom of Speech / A. Sajó/R. Errera / 28 / 2 / HR
Great Tradition of
Public Administration / D. Galligan / 28 / 2 / MR
Introduction to Constitutional Theory / A. Sajó / 14 / 1 / NR
Comparative Social Protection / Cs. Kollonay / 14 / 1 / MR
Public International Law I / A. Costi / 14 / 1 / HR
Total sum: / 134 / 9
HRIn addition to LSD students, also available for students who are registered to the Human Rights Program
MRMandatory for Russian (COLPI) students
NRNot open for Russian (COLPI ) students
Module II November 3, 1997 - December 5, 1997
INTERNATIONAL BUSINESS STREAM
MANDATORY COURSES / PROFESSORS / HOURS / creditsLegal Writing / N. Ni Chonchubhair / 8 / no credit
International Dispute Settlement / T. Várady / 30 / 2
ELECTIVE COURSES / PROFESSORS / HOURS / credits
Legal Institutions of the
Markets / A. Harmathy / 14 / 1
Labour Law of the EU / Cs. Kollonay / 14 / 1
Competition / E. Fox /A. Fornalczyk / 28 / 2
Total sum: / 94 / 6
COMPARATIVE CONSTITUTIONAL STREAM
Mandatory Course / PROFESSOR / HOURS / creditsLegal Writing / N. Ni Chonchubhair / 8 / no credit
ELECTIVE COURSES / PROFESSORS / HOURS / credits
Comparative Federalism I / N. Dimitrijeviæ / 14 / 1
Public International Law II / A. Costi / 14 / 1 / HR
Judicial Review / A. Sajo / 28 / 2 / NR
Protection of Human Rights in the Council of Europe / A. Sajo / 14 / 1 / HR
International Environmental Law / A. Costi / 14 / 1
Total sum: / 120 / 6
HRIn addition to LSD students, also available for students who are attending the Human Rights Program
MRMandatory for Russian ( COLPI ) students
NRNot permitted for Russian (COLPI ) students
RESEARCH SEMESTER DECEMBER 15, 1997 - April 10, 1998
INTERNATIONAL BUSINESS STREAM
Mandatory Course / PROFESSOR / HOURS / creditsLegal Writing / N. Ni Chonchubhair / 14 / no credit
ELECTIVE COURSES / PROFESSORS / HOURS / credits
Doing Business in Eastern Asia / S. Messmann / 14 / 1
The Law of East-West Trade / S. Messmann / 14 / 1
Total sum: / 28 / 2
Comparative constitutional stream
Mandatory Course / PROFESSOR / HOURS / creditsLegal Writing / N. Ni Chonchubhair / 14 / no credit
ELECTIVE COURSES / PROFESSORS / HOURS
Due Process / K. Bard / 14 / 1 / *
Privacy / G. Halmai / 14 / 1 / *
International Dispute
Resolution / A. Costi / 14 / 1
Principles of Commonwealth Constitutions / A. Costi / 14 (restricted) / 1 / *
Total sum: / 70 / 4
* Students may take only two Constitutional Courses ( 2 credits).
Restricted:maximum for 10 students
SPRING SEMESTER
Module IIIAPRIL 14, 1997 - mAY 15, 1998
INTERNATIONAL BUSINESS STREAM
MANDATORY COURSE / PROFESSOR / HOURS / creditsE. U. Law III / J. Martonyi / 14 / 1
ELECTIVE COURSES / PROFESSORS / HOURS / credits
Corporations - US / S. Siegel / 14 / 1
Accounting for Lawyers / S. Siegel / 14 / 1
European Conflict of Laws / T. Várady / 30 / 2
International Civil Procedure / C.C.A. Voskuil / 14 / 1
Negotiating and Drafting Contracts* / S. Messmann / 14 / 1
Labour Law in Eastern Europe / Cs. Kollonay / 14 / 1
Total sum: / 114 / 8
* (Two groups, continued through Module IV )
Comparative constitutional stream
MANDATORY COURSE / PROFESSOR / HOURS / creditsComparative Constitutional Law / W. Osiatynski / 28 / 2
ELECTIVE COURSES / PROFESSORS / HOURS / credits
U. S. Constitution -
Separation of Powers / C. Durham / 14 / 1
Freedom of Religion / C. Durham / 14 / 1 / HR
Legal Philosophy / J. Kis / 14 / 1 / HR
International Human Rights / A. Costi / 28 / 2 / HR
Ethnic Minorities / T. Varady / 14 / 1 / HR
Total sum: / 140 / 8
HRIn addition to LSD students, also available for students who are attending the Human Rights Program
Restricted:maximum for 10 students
Module IVMay 25, 1998 - June 26, 1998
INTERNATIONAL BUSINESS STREAM
MANDATORY COURSES / PROFESSORS / HOURS / creditsMinority Protection / G. Haarscher / 14 / 1
Capital Markets and Securities / S. Siegel / 28 / 2
ELECTIVE COURSES / PROFESSORS / HOURS / credits
Negotiating and Drafting Contracts** / S. Messmann / 14 / 1
GATT/wto / J. Barcelo / 14 / 1
Intellectual Property / P. Jaszi / Gy. Boytha / 28 / 2
Total sum: / 98 / 7
** Two groups, from Module III
COMPARATIVE CONSTITUTIONAL STREAM
MANDATORY COURSE / PROFESSOR / HOURS / creditsMinority Protection / G. Haarscher / 14 / 1
ELECTIVE COURSES / PROFESSORS / HOURS / credits
Advanced Constitutional Theory / S. Holmes / 14
( restricted ) / 1
Constitutionalism and Rights in Post-Communist Central Europe / N. Dimitrijevic/G.Halmai / 28 / 2
Comparative Federalism II / A.Costi / 14 / 1
Political Rights / S. Holmes / 14 / 1 / HR
Legislation and Legislative Drafting / A. Sajó / 14
( restricted) / 1
Total sum: / 98 / 7
HRAvailable for students who are attending the Human Rights Course
Restricted:maximum for 10 students
Course Descriptions
Preparatory Module
- Contracts
- Introduction to European Constitutional Law
- Introduction to U.S. Constitutional Law
- Trial Advocacy
Module I
- American Civil Procedure
- Comparative Social Protection
- Corporations
- E.U.Law I & II
- Freedom of Speech
- Great Traditions of Public Administration
- International Business Transactions
- Introduction to Constitutional Theory
- Public International Law I
- US Constitution - History
Module II
- Comparative Federalism I
- Competition
- International Dispute Settlement
- International Environmental Law
- Judicial Review
- Labour Law of the EU
- Legal Institutions of the Market
- Protection of Human Rights in the Council of Europe
- Public International Law II
Research Semester
- Doing Business in Eastern Asia
- The Law of East-West Trade
- Due Process
- Privacy
- International Dispute Resolution
- Principles of Commonwealth Constitutions
Module III
- Accounting for Lawyers
- Comparative Constitutional Law
- Corporations - US
- Ethnic Minorities
- E.U.Law III
- European Conflict of Laws
- Freedom of Religion
- International Civil Procedure
- International Human Rights
- Labour Law in Eastern Europe
- Legal Philosophy
- Negotiating and Drafting Contracts
- Constitution - Separation of Powers
Module IV
- Advanced Constitutional Theory
- Capital Markets and Securities
- Comparative Federalism II
- Constitutionalism and Rights in Post - Communist Central Europe
- GATT/WTO
- Intellectual Property
- Legislation and Legislative Drafting
- Minority Protection
- Negotiating and Drafting Contracts
- Political Rights
Preparatory Module
Prof. Tibor Várady - Prof. Francis Gabor
Contracts
14 class hours
The course offers a comparative law assessment of the core problems in contracts law. Particular emphasis will be placed on the understanding of the fundamental contract concepts from the civil and common law perspectives. Within this framework selected topics will cover: a historical overview - contract formation from comparative perspective - defences affecting assent - breach and remedies - performence and excuses of performance - contracts in the new Eastern European legal environment.
Required reading materials:
Prof. Tibor Várady: Contracts
Prof. Francis Gábor: Contracts Supplement
§§§§§
Prof. Sanford Levinson - Prof. András Sajó
Elements of US Constitutional Law (Introductory)
14 class hours
The course helps to understand fundamental concepts of the US constitutional system in the context of two hundred years of development. Crucial notions and institutions of separation of powers, federalism, judicial review, constitution making and constitutional rights are discussed.
§§§§§
Prof. Alexander Blankenagel - Prof. András Sajó
Elements of Continental Constitutional Law (Introductory)
28 class hours
This course compares basic notions and institutions of the German, French and Italian constitutional systems. Constitution-making is discussed in terms of the conditions of the making of the constitution; the meaning of historical tradition is reviewed. The solutions of the French Revolution and those dictated by other constitutional crises are presented. The continental understanding of checks and balances, cabinet and Chancellor dictatorships and the mechanism and basic jurisprudential concepts of rights protection are reviewed.
§§§§§
Prof. John Palmer
Trial Advocacy
14 class hours
Trial Advocacy is an introduction into the Anglo-American jury system and the key role played by a lawyer in an adversarial system of justice. Each student will have the opportunity to serve as a trial lawyer, a witness, and a juror in a series of mock trials involving disputed factual events. Both civil and criminal trials will be presented during the course.
The purpose of the course is to help the student to understand the adversarial system, to improve advocacy skills in English, to assist the student in gaining self confidence and self esteem as a lawyer, and to work with other students in a common undertaking.
§§§§§
Module I
Prof. Faust Rossi
American Civil Procedure
14 class hours
I. Introduction and Overview: The Anatomy of a Civil Action in Courts of the United States
1A. Distinctive features: The adversary system; the roles of lawyer and judge; civil juries; constitutional and statutory framework of dual court systems.
2 - 5B. Structure of Litigation
*Selection of court: Jurisdiction and venue.
*Pretrial: Pleadings, motions and discovery.
*Trial: Burdens of Proof; allocation of Judge-Jury functions.
*Judgements and appeals.
6II. Multi-party Devices: Impleader; Interpleader and Class Actions
7 - 9III. The Admissibility and Exclusion of Evidence
*The role of oral witness testimony and the rule against hearsay.
*Relevance, expert opinion and privileges
10IV. Conflicts and Choice of Law
11-12V.The validity and Effect of Judgements: Finality
13-14VI.Foreign parties in United States Courts; Forum nonconvenies and other Limitations
§§§§§
Prof. Peter Behrens
Corporations
28 class hours
This course will provide a comprehensive survey of the law of business organization in Western Europe (Germany, France and England). Students will become acquainted with basic private and commercial law concepts on which the law of business organizations is built. The typology of business organizations will be explained, especially the structural differences between unincorporated, (partnerships) and incorporated enterprises (companies). Particular emphasis will be put on the formation of business organizations, the raising of capital, the governance structure, the rights of partners and shareholders, the protection of creditors, the affiliation of companies and the problem of codetermination by labour representatives. The course will be based on a comparative analysis of national laws. The course is intended to provide students an understanding of the reasons why legal systems based on market economies have developed different types of business organizations. Also, they will be able to realize that the choice of a special legal form by the parties who want to set up a business organization always depends on the economic objectives of the parties. At the end of the course, students should be able to advise some hypothetical clients which choice would be best for their specific purposes.
The course will be taught on the basic extensive class materials, including the relevant statutes as well as analytical comments. For further references, the following book should be available at the library:
Alfred P. Conrad: Corporations in Perspective, The Foundation Press Inc., Mineola, New York (1976)
Other books may occasionally be referred to according to their availability
A detailed syllabus will be handed at the beginning of the course.
§§§§§
Prof. Peter Hay
European Union Law I-II
28 class hours
The first part of the course deals with the Institutions of the European Union, their law-making powers and procedures, the relationship between national and European Union Law, judicial review by the European Court, and the Union’s general economic policies.
The second part deals in detail with the “Four Freedoms” (movement of goods, persons, capital, and freedom of establishment) and with competition law.
§§§§§
Prof. András Sajó
Freedom of Speech I-II.
28 class hours
Free speech and freedom of expression will be studied in their wider political, historical, social and legal context including the international human rights instruments. Topics will include the theoretical foundations of free speech, the impact of international human rights instruments, the balancing of competing values and interests, e.g. privacy, group - libel and the protection of the Judicial process. Special attention will be given, throughout the course, to the media law and practice in a number of countries (U.K., France, Germany, the USA) as well as to recent reforms of the press law in Central and Eastern Europe.
§§§§§
Prof. Denis Galligan
The Great Traditions of Public Administration with Emphasis on Public Participation and Local Government
Comparative Public Administration France, United Kingdom, and European Union
28 class hours
The object of this course is to introduce the principles of administrative law of the United Kingdom, France and European Union.
Particular emphasis will be placed on the legal regulation of the power exercised by administrative authorities and officials. This will include study of the legal recourse which an individual person or a group has against such bodies. It will also consider the participation of individuals in the administrative process.
The topics covered will be:
1.The constitutional and administrative structure of these system.
2.The Exercise of administrative powers; short study of how administrative bodies make their decisions and use their powers.
3.The legal control of administrative powers: including a study of forms of redress open to aggrieved persons; special appeal tribunals, the Ombudsman, judicial review.
4.The scope for participation by individuals and groups in the administrative process.
Materials
1. Textbooks:
- P.Cane, Introduction to Administrative Law (Oxford, 1992)
- L. Neville Brown and J. Bell, French Administrative Law (Oxford, 4th Ed. 1993)
- T. Hartley, Foundations of European Community Law (Oxford)
2. Further reading
- D.J. Galligan, Discretionary Powers (Oxford)
- D.J. Galligan, (ed.) Administrative Law
- P.P. Craig, Public Law and Democracy (Oxford, 1990)
3. In addition to the above materials, I shall supply copies of selected articles and essays.
Comparative Public Administration
United Kingdom and France
I. The constitutional background in the UK