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Exploring EU Law

  • Module code: LL5303
  • Year: 2018/9
  • Level: 5
  • Credits: 30
  • Pre-requisites: None
  • Co-requisites: None

Summary

European Union (EU) law has been an integral part of the applicable law in the United Kingdom since 1 January 1973. The law stemming from the treaties has had an increasing impact in all the member states as the competences of the European Union have expanded and the effectiveness of enforcement of EU law has increased. This course covers the core curriculum and falls into two parts.

The material covered in the first semester describes and analyses the constitutional/institutional law of the European Union. This includes the legal principles developed by the Court of Justice of the European Union to ensure the uniformity and effectiveness of EU law and the general principles of EU law. The second half of the course examines the most important areas of substantive law adopted to ensure the completion of the internal market.

Aims

  • To develop a systematic and critical understanding of the constitutional, institutional and procedural law of the European Union, including an in-depth understanding of the legal relationship between the European Union and its member states and the respective role of the Court of Justice of the European Union and national courts in applying EU law.
  • To develop detailed knowledge and in-depth understanding of the core areas of substantive law of the European Union and to encourage a critical approach to the analysis and application of the substantive law of the EU.
  • To enable students to apply their knowledge of the legal principles of EU law to questions about the enforcement of the EU law by the individual and to questions concerning the enforcement of the substantive law of the EU.

Learning outcomes

On successful completion of the module, students will be able to:

  • Demonstrate knowledge of and the ability to analyse and apply the constitutional, institutional and procedural law of the European Union, showing understanding of the legal relationship between the European Union and its member states and detailed understanding of the role of the Court of Justice and the role of national courts in ensuring the uniform application of EU law.
  • Demonstrate detailed knowledge and in-depth understanding of the core areas of substantive law of the European Union and to analyse and apply this law.
  • Demonstrate the ability to research sources of EU law and to construct answers to problem and essay questions about EU law.
  • Demonstrate the ability to research primary and secondary sources of EU law and the academic literature in order to write a 2,000-word piece of coursework showing critical analysis and in-depth understanding of an area of EU law

Curriculum content

  • Institutional and constitutional structure of the EU
  • The principle of supremacy of EU law
  • The principles of direct effect, indirect effect and state liability
  • The general principles of EU law
  • Articles 263, 258-260 and 267 TFEU and relevant case law
  • Remedies
  • Articles 30-36 TFEU and relevant case law
  • Treaty provisions relating to free movement of people, services and rights of establishment; relevant case law and secondary legislation

Teaching and learning strategy

The syllabus will be delivered through a combination of lectures and workshops which will which will introduce topics and guide students' independent reading and study. During these sessions students will discuss Court of Justice cases in depth or will answer a series of questions to ensure in-depth understanding of the topics in the syllabus, or will go through practice assessment questions. The students will be expected to read the relevant chapters of their text books and some cases and to prepare the questions in advance. Students will be expected to give individual presentations and to work in groups.

Due to the experiential nature of the learning on this degree, and the importance of professional development enabling students to develop practical skills, learn from and interact with others, attendance is compulsory. Any students not attending a minimum of 80% of their timetabled sessions will be at risk of academic failure or termination from the course.

Breakdown of Teaching and Learning Hours

Definitive UNISTATS Category Indicative Description Hours
Scheduled learning and teaching Lecture and workshops and exam and feedback sessions 66
Guided independent study Preparation for workshops and reading 234
Total (number of credits x 10) 300

Assessment strategy

The assessment regime will solely consist of coursework. The module will be examined by two separate pieces of coursework. The topic for the first 1,500-word coursework will be chosen (out the topics covered in the first semester) by the students. The topic for the second 1,500-word coursework will be determined by the module leader.

Summative assessment

Coursework

The students will be required to write a 1,500-word coursework on an area of EU institutional law which will be covered in the first semester of the academic year. This will build on knowledge gained in the taught course which will provide the basis for further independent research from primary and secondary sources and the academic literature. The students will demonstrate the ability to analyse legal material and to construct a coherent argument and reach a conclusion, expressing themselves clearly in technical legal academic language with appropriate referencing.

In the second semester, the students will be required to write a 1,500-word coursework on an area of substantive EU Law. The questions from which the students will be required to choose from will be both problem and essay questions. These assessment questions will test the students' ability to consider questions on both EU institutional/constitutional law and EU substantive law and to construct a logical argument/narrative and informed conclusions.

Through problem questions, the coursework will test the students' ability to analyse a fact situation, recognise the relevant legal issues and to adopt a structured lawyerly approach, applying the relevant law under time pressure. This will develop legal skills as well as knowledge.

Mapping of Learning Outcomes to Assessment Strategy (Indicative)

Learning Outcome Assessment Strategy
1) Demonstrate knowledge of and the ability to analyse and apply the constitutional, institutional and procedural law of the European Union, showing understanding of the legal relationship between the European Union and its member states and detailed understanding of the respective role of the Court of Justice and the role of national courts in applying EU law Coursework
2) Demonstrate detailed knowledge and in-depth understanding of the core areas of substantive law of the European Union and to analyse and apply this law Coursework
3) Demonstrate the ability to synthesise and apply their knowledge of EU law to construct answers to problem and essay questions about EU law under time pressure in examination conditions, showing a logical, structured approach and the ability to write clearly and concisely Coursework
4) Demonstrate the ability to research primary and secondary sources of EU law and the academic literature in order to write a 2,000-word piece of coursework showing critical analysis and in-depth understanding of an area of EU law Coursework
5) Demonstrate the ability to communicate a complex aspect of EU law clearly in poster form Coursework

Elements of Assessment

Description of Assessment Definitive UNISTATS Categories Percentage
CWK Coursework 1 50
CWK Coursework 2 50
Total (to equal 100%) 100%

Achieving a pass

It IS NOT a requirement that any major assessment category is passed separately in order to achieve an overall pass for the module.

Bibliography core texts

C Turner and T Storey, Unlocking EU Law, (Routledge, 4th Edition, 2014)

A Kackorowska-Ireland, European Union Law (Routledge, 4th Edition, 2016)

Bibliography recommended reading

C Barnard, The Substantive Law of the EU: The Four Freedoms (Oxford University Press)

D Chalmers and others, European Union Law: Text and Materials (Cambridge University Press)

T Hartley, The Foundations of European Union Law (Oxford University Press)

M Horspool and M Humphreys, European Union Law (Oxford University Press)

In addition all students must have a copy of current EU legislation 

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