LL5002 - European Union Law (2018/19)
| Module specification | Module approved to run in 2018/19 | ||||||||||||
| Module title | European Union Law | ||||||||||||
| Module level | Intermediate (05) | ||||||||||||
| Credit rating for module | 30 | ||||||||||||
| School | Guildhall School of Business and Law | ||||||||||||
| Total study hours | 300 | ||||||||||||
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| Assessment components |
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| Running in 2018/19(Please note that module timeslots are subject to change) |
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Module summary
This core LLB unit provides a detailed understanding of the underlying concepts of European Union Law and its topical relationship to UK domestic law.
It considers the law-making powers of the EU institutions, the constitutional principles of the EU, the direct effect of EU law, indirect effect and the principle of State Liability and the key role of the European Court of Justice in relation to preliminary references from domestic courts, enforcement actions against Member States, judicial review of EU law and its development of human rights. It highlights the interplay between these features by focusing on substantive EU topics such as the fundamental freedoms of the free movement of goods, persons and the important area of Competition Law.
The aims of the module are to give students an appreciation of the theoretical and foundational aspects of EU law as it applies in the UK. The module facilitates a contextual and critical appreciation of the law and politics relating to the administration and governance of the UK State in a period of radical constitutional change (‘Brexit’).
The module provides a sound understanding of the key features of the EU legal order, its main institutions, the law-making processes and the legal control of administrative powers in the EU and the UK.
It will provide a sound understanding of the relationship between history, politics, law and economics in the development of the EU.
The module aims to develop several key transferable skills including independent
research, critical analysis and academic writing in the context of the Law of the European Union, emphasising the use of primary and secondary sources of law.
Syllabus
Topics for Written Coursework LO 1
1. Direct effect of EU Law
2. Indirect effect and the principle of State Liability.
3. The Role of The European Court of Justice
The preliminary reference procedure
Enforcement actions against defaulting Member States
Judicial review of EU law
The ECJ’s approach to human rights.
Topics for Written Examination LO 2
4. EU Citizenship
5. Rights of EU Workers
Removal/deportation from host State
6. Free Movement of Goods
Financial and non-financial charges prohibited
7. Competition Law
Article 101 on price fixing agreements
Article 102 on abusive behaviour by dominant firms.
Balance of independent study and scheduled teaching activity
Learning & Teaching Strategy
Weekly two-hour lecture and one-hour seminar.
The lecture will be used for:
Dissemination of knowledge through an overview of each topic with detailed guidance on appropriate aspects;
An introduction to relevant academic literature;
Guidance on learning strategies;
Use of blackboard and IT resources;
Whole group questions and discussion.
The seminar will be used for:
Development of skills necessary to attain the module learning outcomes through:
Written and oral questions/answers designed to reinforce fundamental rules/principles/cases;
A range of step by step writing exercises;
IT tasks such as research of cases and statutes
Problem-solving
Critical analysis
Legal writing
Blended Learning
All learning materials, previous examination questions and sample Q/A’s will be on blackboard for use in directed private study.
Student engagement will be encouraged in both lectures and seminars through weekly use of Weblearn for access to all of the above materials.
There will be required use of the professional legal databases, especially Westlaw and Lexis Library, for legal research
Opportunities for reflective learning/pdp
Each weekly seminar will contain space for students to reflect on what they have learnt in relation to the overall syllabus. There will be frequent feedback opportunities structured into the timetable and a range of sample answers posted onto Weblearn.
Employability
Employability strategy will aim to acquaint students with a range of employment avenues both in the legal profession and in those professions into which legal qualifications and skills are transferable.
Student’s Study Responsibilities
The need for attendance, punctuality, preparation and engagement will be emphasised with particular reference to written and IT research, problem-solving, team-work, discussion, debate and critical awareness of the subject.
Learning outcomes
On successful completion of this module, the students will be able to:
1. Independently research, evaluate, critically analysis and appraise the legal implications of the European Union order.
2. Demonstrate the ability to use legal terminology, solve legal problems and analyse contemporary issues relating to the Law of the European Union in a time-constrained environment.
Assessment strategy
Description of assessment items.
1. Written Coursework (2,000 – 2,500 words)
Independent research based essay and/or problem-based case study involving critical analysis and appraisal of fundamental principles of the Law of the European Union.
2. Time Constrained Examination
Written examination to demonstrate the ability to solve legal problems and critically analyse contemporary issues relating to the Law of the European Union in a time-constrained environment.
Bibliography
Core Texts:
Foster, N EU Law (OUP)
Other Texts:
Fairhurst, J, Law of the European Union (Pearson)
Kaczorowska, A, European Union Law (Routledge)
Whish and Bailey Competition Law ((OUP)
Foster, N, Blackstone’s EU Legislation (Blackstone)
Journals:
Common Market Law Review
Law Quarterly Review
Websites:
www.europa.eu
www.curia.eu.org
Electronic Databases:
Westlaw and Lexis Library