LAWS H3302 - European Union Law

Module Title:European Union Law
Language of Instruction:English
Credits: 15
NFQ Level:8
Module Delivered In 2 programme(s)
Teaching & Learning Strategies: Lectures - communication of knowledge and ideas from the lecturer to the student. Problem Solving Exercises - the students will work as part of a team and will work together to resolve various legal scenarios. Class Discussion/Debate - Students will be encouraged to actively participate in the class sessions which will develop their analytical and communication skills. E-Learning - It is envisaged that the module will be supported with on-line learning materials. Self-Direct Independent Learning - the emphasis on independent learning will develop a strong and autonomous work and learning practices.
Module Aim: The aim of this module is to provide students with an understanding of: (i) the Constitution and Institutions of the European Union and, in particular, the constitutional principles, the administrative and procedural law, and substantive law and policies of the European Union (ii) the relationship between European Union law and national law; the principles of supremacy and direct effect, and the principles of interpretation and State liability (iii) the role and jurisdiction of the European Court of Justice concerning enforcement, preliminary rulings and judicial review (iv) substantive European Union law through the study of the free movement of goods and persons; competition policy; social policy; equality of treatment and pay in employment and cooperation in criminal matters.
Learning Outcomes
On successful completion of this module the learner should be able to:
LO1 An understanding of the historical economic and political development of the EU
LO2 Demonstrate an understanding of the constitutional framework, powers and decision making processes of the institutions of the EU
LO3 Demonstrate a sound understanding of substantive EU law, both conceptually and in application
LO4 Identify the relevance of EU law as an element in any dispute or potential litigation.
LO5 Identify trends in EU principles and policies and evaluate the role played by substantive rules of EU law in determining and implementing such principles and policies
LO6 Apply the rules and principles of EU law to realistic problem situations
LO7 Analyse the impact of EU law on national legal systems
LO8 Access and use paper and electronic primary sources relating to the substantive law and the legal framework of the European Union
Pre-requisite learning
Module Recommendations

This is prior learning (or a practical skill) that is recommended before enrolment in this module.

No recommendations listed
Incompatible Modules
These are modules which have learning outcomes that are too similar to the learning outcomes of this module.
No incompatible modules listed
Co-requisite Modules
No Co-requisite modules listed
Requirements
This is prior learning (or a practical skill) that is mandatory before enrolment in this module is allowed.
No requirements listed
 

Module Content & Assessment

Indicative Content
History and development of the European Union (3%)
• Early Development of the European Communities
The Institutions of the European Union: Composition and Powers (10%)
• The Commission • The Council of Ministers • The European Council • The European Parliament • Other Institutions: The Court of Auditors; The Committee of the Regions and the Economic and Social Committee
European Union Lawmaking (8%)
• Allocation of Legislative Procedures and Functions • European Union Legislation • EU Legislative Procedures • Enhanced Cooperation • Comitology • The Legislative Process and the 'Democratic Deficit'
The EU Judicial Order (10%)
• The Court of Justice of the European Union (The Court of Justice, the General Court, The European Union Civil Service Tribunal) • Architecture EU Judicial Order • The Preliminary Reference Procedure
The Principle of Supremacy of EU Law (7%)
• The Sovereignty of EU Law and Domestic Constitutional Settlements • The Primacy of EU Law: Substantive and Jurisdictional Conflicts • The Quality and Limits of EU Legal Authority • The Fidelity Principle
Fundamental Rights and General Principles of Law (4%)
• The Development of General Principles • Relationship between the EU and the ECHR • EU Fundamental Rights Law • Standard of Protection of Fundamental Rights • EU Fundamental Rights Policy • Rules of Administrative Justice, Equality, Subsidiarity and Proportionality, Effectiveness, General Principles Applied to National Legislation • Governance
Rights and Remedies in National Courts (8%)
• The Doctrine of Direct Effect • Indirect Effect • State Liability • Principle of 'Equivalence'
Direct Actions in the Court of Justice of the European Union (10%)
• Enforcement actions against Member States • Enforcement actions by the Commission • Enforcement actions brought by Member States • Action for annulment • Action for failure to act • Plea of illegality • Non-contractual liability (EU liability in damages)
EU Citizenship (4%)
• The evolution and nature of EU citizenship • The right to move and reside within the Union • Political rights of EU citizens
Discrimination (3%)
• Meaning, defences and remedies • EU equal opportunities law • Equality grounds • The scope of EU equal opportunities policy
Introduction to EU Criminal Law (2%)
• Internal security • Judicial cooperation in criminal matters • Harmonisation of criminal law • Police cooperation
The Internal Market (3%)
• Purpose of the internal market • Legal framework and legal basis for legislation • Techniques of regulation • Non-economic interests and internal market • Regulatory competition
Introduction to Economic and Monetary Union (3%)
• The architecture of economic and monetary union • Institutions: the European Central Bank and the European System of Central Banks • The excessive deficit procedure • Economic surveillance and the Broad Economic Policy Guidelines
The Four Freedoms (15%)
• Free movement of goods • Free movement of persons • Free movement of services • Free movement of capital
EU Competition Law (10%)
• Aims of EU competition law • Prohibition of anti-competitive agreements, decisions, and concerted practices • Abuse of a dominant position • Enforcement
Assessment Breakdown%
Continuous Assessment40.00%
End of Module Formal Examination60.00%
Continuous Assessment
Assessment Type Assessment Description Outcome addressed % of total Assessment Date
Case Studies A written examination which will be given in term one and will require candidates to apply their knowledge and problem-solving skills in answering one or more essay and/or problem question(s). 1,2,3,4,6 20.00 n/a
Project An essay question or hypothetical problem question to be given in term one or term two, separate from or in conjunction with the first continuous assessment. Students will be required to research the issues involved in accordance with defined instructions, and present their findings or proposals, or both, in writing, orally or both. 1,2,3,4,5,6,7,8 20.00 n/a
No Project
No Practical
End of Module Formal Examination
Assessment Type Assessment Description Outcome addressed % of total Assessment Date
Formal Exam End-of-Semester Final Examination 1,2,3,4,5,6,7,8 60.00 End-of-Semester

ITCarlow reserves the right to alter the nature and timings of assessment

 

Module Workload

Workload: Full Time
Workload Type Frequency Average Weekly Learner Workload
Lecture Every Week 3.00
Independent Learning Time Every Week 9.00
Total Hours 12.00
Workload: Part Time
Workload Type Frequency Average Weekly Learner Workload
Lecture Every Week 1.50
Total Hours 1.50
 

Module Delivered In

Programme Code Programme Semester Delivery
CW_BBLAW_B Bachelor of Business (Honours) in Business with Law 4 Elective
CW_HHLAW_B Honours Bachelor of Laws Degree - LLB 3 Mandatory