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 by online learning materials. Self-Direct Independent Learning - the emphasis on independent learning will develop strong and autonomous work and learning practices.
Module Aim:
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.
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.
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
Early Development of the European Communities
The Institutions of the European Union: Composition and Powers
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
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
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
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
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
The Doctrine of Direct Effect • Indirect Effect • State Liability • Principle of 'Equivalence'
Direct Actions in the Court of Justice of the European Union
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)
Assessment Breakdown
%
Continuous Assessment
100.00%
Continuous Assessment
Assessment Type
Assessment Description
Outcome addressed
% of total
Assessment Date
Essay
An essay on one or more substantive topics covered in this semester requiring broad reading, research, and analysis.
1,2,3,4
100.00
Week 12
No Project
No Practical
No End of Module Formal Examination
Continuous Assessment
Assessment Type
Assessment Description
Outcome addressed
% of total
Assessment Date
Essay
An essay on one or more topics covered in the semester requiring broad reading, research, and analysis.
1,2,3,4
100.00
Week 12
No Project
No Practical
No End of Module Formal Examination
SETU Carlow Campus reserves the right to alter the nature and timings of assessment