LL5002 - European Union Law (2017/18)
|Module specification||Module approved to run in 2017/18|
|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|
|Running in 2017/18||
This Qualifying Law Degree (QLD) and core LLB unit provides a detailed understanding of the underlying concepts principles of EU law and its ever evolving relationship to domestic law. It considers the law-making powers of the EU institutions, the constitutional principles of the EU, and the role of the European Court of Justice. It highlights the interplay between these features by focusing on substantive EU topics such as the freedom of movement of goods, services and persons, and EU Competition law. It also explores the developing concept of EU citizenship and examines the promotion and protection of human rights within the EU. The topic is hugely important for a range of employers for example, businesses, State bodies, the legal profession, the Civil Service, NGOs, and policy makers.
This new year long (30 week) module is a Qualifying Law Degree (QLD) module, and the choice of content is intended to include the key legal knowledge and materials in the subject area required by the Joint Academic Standards Board for Law. Assessment is by a combination of examination, coursework, and diagnostic/SAT style tests.
This completely new module has also presented the module team with the opportunity to introduce new material and perspectives by reorganising and rethinking the module content and delivery to incorporate the university’s goal of developing blended learning, students' study responsibilities and employability.
The module introduces a range of blended learning initiatives as a proactive response to the development of the university’s policy of technology enhances learning. For example, online office hours, online formative assessment submission, and new learning tools using library resources will be in place. The module will also seek to encourage and develop student learning autonomy and independent learning skills by establishing self-directed learning requirements in the diagnostic/SAT style testing assessment component and in the individual oral presentation formative assessment component. The module’s focus on employability fosters an appreciation and understanding of the use of SAT style tests for job recruitment in the area of employment in the organizations that work in the area of EU law such as the UK and EU Civil Services. There is also a lecture on working in such institutions. The oral presentation formative assessment component (along with the tutorials themselves) seeks to develop oral communication and legal presentation skills.
Students will gain an appreciation of the theoretical and foundational aspects of EU as it applies in England and Wales. The module also 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 and under the influence of this order of European law.
To provide a sound understanding of the theoretical underpinning of law and its legitimacy; and more particularly to examine the allocation and control of power within the public sector, from the perspectives of both English and European Union law.
To provide a sound understanding of the basic features and characteristics of the EU legal order, its main institutions, the law-making processes and the legal control of administrative powers in both the United Kingdom and the European Union.
To provide a sound understanding of the techniques of legal method used in both English and European Union law.
To provide a sound understanding of the nature of human rights and their promotion and protection in the European Union.
To provide an overview of the relationship between history, politics, law and economics in the development of evolution of the EU.
To develop the ability to use IT skills effectively, both as a research tool and for the presentation of written and oral work by taking advantage of the blended learning opportunities.
To develop and encourage confidence in the use of appropriate learning, analytical and discursive skills.
To communicate acquired legal knowledge of the EU in both oral and written form using appropriate legal terminology.
To provide a supportive learning environment for the development of competence in independent learning and in seminar discussion.
To provide an understanding of and familiarity with employment opportunities associated with this area of law and the methods of employee recruitment.
Introduction to the EU legal order: its framework and institutions
Working with EU Law: opportunities and employee recruitment techniques
Enforceable EU Law Rights: the principles of direct effect, Indirect effect and Member State liability
Free Movement of Goods
The Preliminary Ruling Procedure – Article 267 TFEU
Free Movement of Services
Introduction to the basic principles of EU competition law
The Free Movement of Labour and Persons
Citizenship of the EU
The promotion and protection of Human Rights within the EU
General Principles of EU Law
Judicial Review of EU acts – articles 263 and 267 TFEU
Enforcement Actions Articles 258-260 TFEU
Learning and teaching
The lecture presentation explains the key aspects of each topic to the students, with particular reference to primary source materials and practical examples as well as reference to relevant secondary materials. In the tutorials, students discuss prepared problem questions, essay questions and case-studies, practising skills of legal research, analysis and oral presentation. Students are taught how to answer problem and essay questions relating to EU law, building on the materials taught and provided in first year law subjects. Students also, by way of formative assessment, undertake to deliver an oral presentation during one set tutorial slot in the second term on a fixed topic of EU law. This focuses specifically on improving their oral presentation, IT use, and independent legal research skills. A specially written handbook is made available at the beginning of the course, which sets out the teaching schedule and course outline and provides some primary source materials. All the course materials, including detailed lecture notes, Power Point presentations, supplementary materials and sample questions and answers are also made available to the students electronically. For the purposes of the examination, a collection of appropriate statutory materials is provided. The lecture programme is intended to provide an introduction to each topic, rather than going over every aspect in detail. Lecture outlines can be found on the relevant pages of the unit handbook and detailed notes will be accessible on the module Weblearn/Blackboard page.
We expect students to prepare for tutorials by reading the relevant lecture materials and directed reading. As the tutorial questions resemble the types of questions set in the exam and coursework assessment components, preparing for tutorials means that students are also essentially preparing for the assessments themselves. The following activities take place in these classes: a) Students answer basic questions on fundamental matters like the nature of the UK and EU constitutions, their institutions and procedures, and on the various subject areas of EU law covered in the module. These lectures help set a framework which makes the rest of the course understandable. b) Students analyse problem and essay questions from past coursework and examination questions in tutorials. The tutor will offer guidance on the law, as well as on analytical and examination techniques. c) Students, in giving individual answers, are in effect making short oral presentations on a given topic area from a range of questions. This focus and activity help foster public speaking and oral communication skills along with developing the use of proper legal argumentation and use of legal terminology. Many students have had no real experience of, and/or feel intimidated by, public speaking. d) Students undertake several analyses of English and EU. This familiarises them with the styles of the different courts and gives them practice in the skills explored originally in their first year law courses.
The module introduces a range of blended learning initiatives as a proactive response to the development of the university’s policy of technology enhances learning. For example, online office hours, online formative assessment submission, and new learning tools using library resources will be in place. The module will also seek to encourage and develop student learning autonomy and independent learning skills by establishing self-directed learning requirements in the diagnostic/SAT style testing assessment component and in the individual oral presentation component. The module’s focus on employability fosters an appreciation and understanding of the use of SAT style tests for job recruitment in the area of employment in the organizations that work in the area of EU law such as the UK and EU Civil Services. There is also a lecture on working in such institutions. The oral presentation formative assessment component (along with the tutorials themselves) seeks to develop oral communication and legal presentation skills. The tutorial programme, content and activities proved popular in the former two modules and the module team wishes to continue with a successful formula, but we are not complacent and have refined and, where necessary, amended them every year. Usually this was done in response to student feedback in module questionnaires. The tutorials enable students to reinforce their understanding of topics covered in the lecture, to integrate extra knowledge they have picked up through private study into the overview presented in the lecture and to apply their knowledge to specific problems. Training in the assessed skills is integrated into the programme. Tutors are always happy to mark practice answers undertaken by students. Other formal formative assessment opportunities are provided at regular points throughout the delivery of the module.
On successful completion of this module students will:
1: Have acquired an understanding of the legal framework and institutions of the EU and of the basic constitutional principles of EU law (such as the supremacy of EU law, direct effect, indirect effect and Member State liability).
2: Have acquired an understanding of the preliminary ruling procedure under A.267 TFEU and of the key procedures of EU administration such as judicial review and enforcement actions.
3: Have acquired an understanding of the key economic freedoms promoted by EU law, in particular by examining the freedom of movement of goods, services, and workers, and reviewing the key features of EU competition law.
4: Have acquired an understanding of EU citizenship and the development of General Principles of EU law by focusing in particular on the promotion and protection of human rights within the EU.
5: Be able to analyse and apply this acquired understanding to set problem and discursive scenarios using critical judgement.
6: Have acquired increased awareness of, and more confidence in, using learning, academic, and IT skills, particularly written and oral communications skills.
7: Be able to use paper and electronic sources to trace and research EU law and academic commentaries.
The learning outcomes will be examined each year by a combination of assessment. They are:
a) a coursework essay of 1,500 words on a set topic with a set question focusing on assessing learning outcomes 1, 2, 3, and 5 above.
b) a two and a half (2.5) hour unseen examination focusing on assessing learning outcomes 1, 2, 3, and 5 above.
c) a diagnostic/SAT style assessment on an EU related issue done online focusing on learning outcomes 3 and 4 in particular above.
(a) and (b) above will combine essay style and problem style legal questions and will represent 90% of the final mark (40% coursework+50% exam). (c) will represent 10% of the final mark.
A specially written handbook is made available at the beginning of the course, which sets out the teaching schedule and course outline and provides some primary source materials. All the course materials, including detailed lecture notes, Power Point presentations, supplementary materials and sample questions and answers are also made available to the students electronically. For the purposes of the examination, a collection of appropriate statutory materials is provided.
NB Students must use the most recent edition of the books cited.
Fairhurst, J, Law of the European Union (Pearson)
Foster, N, EU Law (Oxford University Press)
Horspool, K, European Union Law (Oxford University Press)
Kaczorowska, A, European Union Law (Routledge)
Kent, P, Law of the European Union (Pearson)
Steiner, J, and L Woods, EU Law (Oxford University Press)
And one of the following cases and materials books:
Craig, P, and G de Burca, EU Law: Text, Cases and Materials (Oxford University Press)
Weatherill, S, Cases and Materials on EU Law (Oxford University Press)
Barnard, C, Substantive Law of the EU (Oxford University Press)
Berry, E, and S Hargreaves, EU Law (Oxford University Press)
Chalmers, D, and A Tomkins, EU Public Law (Cambridge University Press)
Ward, I, A Critical Introduction to European Law (Cambridge University Press)
Douglas-Scott, S, Constitutional law of the European Union (Longman Publishing)
Hartley, T, The Foundations of European Community Law (Oxford University Press)
Rosas, A, and L Armati, EU Constitutional Law: An Introduction (Hart Publishing)
Shaw, J, Law of the European Union (Palgrave)
These last four books are excellent (although the latter two are now very dated) but only cover EU Public Law, not substantive law.
As for statute books for the topic, we would recommend:
Foster, N, (ed.) Blackstone’s EU Legislation, (Blackstone). Also available are the Palgrave Statutes Series for EU legislation.
The main websites are:
http://europa.eu/ The main EU website
www.curia.europa.eu The specialist site for the European Court of Justice