| CODE | ECL5052 | |||||||||
| TITLE | EU Justice and Home Affairs Law - Principles and Policies | |||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | |||||||||
| MQF LEVEL | Not Applicable | |||||||||
| ECTS CREDITS | 6 | |||||||||
| DEPARTMENT | European and Comparative Law | |||||||||
| DESCRIPTION | With increasing economic integration, and following recent international events, JHA matters are moving further and further up the EU’s agenda. This credit is aimed at providing an overview and analysis of the Justice and Home Affairs Law of the EU covering both the relevant judicial and political institutions and the substantive law in each area. We will address the specific institutional arrangements applicable to the third pillar and the substantive rules which have been adopted, or are under discussion, in various JHA fields. The course will start by examining the interaction and overlap between the supranational EC legal order and the intergovernmental legal order of the EU’s third pillar. It will examine Member States options for integration in JHA and the developments outside the purview of the EC and EU institutions (Schengen Convention) and the relationship between JHA cooperation and national and international human rights principles. Matters relating to visas, borders controls, immigration law and asylum law are also discussed. Finally the course will examine in detail matters relating to civil and criminal cooperation. Learning Outcomes: This unit has been designed to help the students understand the legal issues behind the Justice and Home Affairs principles of the EU. The students should appreciate the significance this substantive area of the EU law has on national law and on the rights of the individual. The unit is studied from a critical perspective where students are not only requested to familiarize themselves with the laws and case law but to study these laws by attempting to constructively identify their deficiencies and to explore possible solutions how to overcome such problems. While the unit focuses on the principles, the students would also be able to appreciate the legal tools that help towards the build up of European integration. This unit is highly relevant for those who intend to work with the EU institutions or in an EU related environment as an adviser in the public or private sector. Reading Material: Casebooks - Apap J, (ed) Justice & Home Affairs in the EU, Edward Elgar, 2004 - Baldaccini et al (ed) Whose Freedon Security & Justice? Hart, 2007 - Bieber R. & Monar J. (eds) Justice & Home Affairs in the European Union’, College of Europe Bruges, 1995, - Buyan T. Secrecy & Openness in the EU, Kogan Page, London - Denza E “The Intergovernmental Pillars of the European Union” Oxford 2002 - Monar J & Morgan (eds) The Third Pillar of the European Union’, College of Europe Bruges, 1994 - Monar J. & Morgan J. (eds) The Third Pillar of the European Union’, College of Europe Bruges, 1995 - Peers S. EU Justice & Home Affairs Law (2nd) ed Oxford 2006 Collections of treaties and legislation: - Foster, N., Blackstone's EC Leqislation - Rudden, B., and Wyatt, D., Basic Community Laws (7th ed. 1999) Periodicals: - Columbia Journal of European Law - Common Market Law Review (CMLRev) - European Business Law Review (EBLR) - European Law Journal (ELJ) - European Law Review (ELRev) - International and Comparative Law Quarterly (ICLQ) - Journal of Common Market Studies (JCMS) - Journal of European Integration/Revue d'integration europeenne (JEI/RIE) - Maastricht Journal of European Comparative Law - Modern Law Review (MLR) - Rivista di Diritto Europeo (RDE) - Revue du Marche Commun (RMC) - Revue trimestrielle de Droit europeen (RTDE) |
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| STUDY-UNIT TYPE | Seminar | |||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Ivan Sammut |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2025/6. It may be subject to change in subsequent years. |
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