On the 16th March 2022; Start the special lecture series of the EU Law and Japanese Constitutional Law in the Summer Semester 2022 at the Graduate School of Law, Zhongnan University of Economics and Law, in Wuhan, China,
From the 16th March to the 8th June 2022, I offer online lecture series to students of the Graduate School of Law, Zhongnan University of Economics and Law, in Wuhan, China.
Prof. Dr. INOUE held the first lecture of the EU Law on the 16th March 2022 by online (No. of participating students:25)
The theme of the first lecture is "Organization of the EU and National Identity of the Member-States".
Its contents are as follows:
1 Introduction: Complication of the EU’s legal organization
2 One Union established and agreed by the Member-States
3 Identity of the EU as a Multilevel Constitutional order
(1) Meaning of Art. 4 Clause 2 TEU
(2) varied positions of the Member-States in response to the stance of the EU law
4 Consideration of Concrete problems
(1) The Banking Union of the EU and the German Federal Constitutional Court
(2) European Commission v. Republic of Poland
(3) Comparison of the stance in Germany with one of Poland
5 Summary: New Public Entity as the EU
This lecture was for 2 hours by online (14:00~16:00 in Chinese Time).
Prof. Dr. INOUE held the second lecture of the EU Law and Japanese Constitutional Law on the 13th April 2022 by online (No. of participating students:25)
The theme of the second lecture is "Judicial System in Japan: Problems and Issues concerning Judicial Review in Japan".
In this lecture, it was explained how the judicial power can play an important role in the governmental system under the liberal Constitutionalism, and what different features there are between the Japanese system and the European Continental system.
Its contents are as follows:
1. Introduction: What are Problems?
2 Paradigm of Japanese Constitutionalism; Understanding of the Written Constitution as Value-Oriented Order like one of the EU
3. Features of Judicial System under the Japanese Constitution of 1947; Different system from the EU Countries
4. Judicial passivism under the Japanese Constitution of 1947; Incidental Review different from the the Federal Constitutional Court of Germany in Karlsruhe and the European Court of Justice in Luxembourg
5. Summary: insufficient Constitutionalism in Japan
This lecture was for 2 hours by online (14:00~16:00 in Chinese Time).
Prof. Dr. INOUE held the third lecture of the EU Law and Japanese Constitutional Law on the 11th May 2022 by online (No. of participating students:25)
The theme of the third lecture is "Constitutionalism beyond national-border as the universal value ".
In this lecture, it was explained what the modern constitutionalism is , how it prevails in the world from the historical viewpoint and what characteristics it has in the 21st Century.
Its contents are as follows:
1 Introduction: Is the Constitutionalism old-fashioned ?
2 Original Idea of Constitutionalism in Europe
(1) The Constitutionalism has its origin in the ancient Rome.
(2) In the Medieval Ages ;especially after the Peace of Westphalia
3 The Constitutionalism beyond national-borders from the beginning with the modern period
(1) Civil revolution in the U. K. ;Establishment of the principle of the rule of law
(2) The Independence and foundation of the U.S.A. and French Revolution
(3) Development of the constitutionalism in the 20th century
3 New Trial to expand the Constitutionalism as a universal value
(1) In the 21st Century, Appearance of New Trial to expand the liberal Constitutionalism over the framework of the Nation-State
(2) The Establishment of the EU as a New Trial
4 Summary: necessary of reconsideration of the Constitutionalism
After the lecture, we had a time for questions and answers. (about 30 minutes)
This lecture was altogether for 2 hours by online (14:00~16:00 in Chinese Time).
Prof. Dr. INOUE held the fourth lecture of the EU Law and Japanese Constitutional Law on the 8th June 2022 by online (No. of participating students:25)
The theme of the fourth lecture is "Sports and Law: In Comparison with European Law".
In this lecture, it was explained that Sports affairs have two different aspects, private affairs and public ones, and what relationship between those two aspects has. By taking the example of European Law, it was explained how sports affair raises the legal problem, in which field of civil law sports affair is raised a problem and when it raises a problem.
Its contents are as follows:
1Introduction; Is the Sports-Affair Private Matter?
2 Sports and Law in Europe
3Sports as an Occupation?; Legal Problem concerning the status of professional players
(1) Is the Professional Player a worker in the legal sense or what?
(2) Chaotic situation of the legal status of Professional Players
4 The measure of the way for resolution of the disputes on Sports
(1) “Bosman Case” of the ECJ decided on the 15th of December,1995
(2) The European commission v. ISU of the ECJ decided on the 31st January 2021
5 Sports’ Arbitration as an important measure of the way for resolution of the disputes on Sports: Problems concerning CAS
(1) Mutu & Pechstein case of the European Court of Human Rights on the 2nd October 2018
(2)The right to a fair trial as a human right protected by Art. 6 ECHR
6 Summary: another Problem and Subjects
After the lecture, we had a time for questions and answers. (about 30 minutes)
This lecture was altogether for 2 hours by online (14:00~16:00 in Chinese Time).