Study-Unit Description

Study-Unit Description


CODE ECL2002

 
TITLE The European Union and National Constitutions: Main Issues

 
UM LEVEL 02 - Years 2, 3 in Modular Undergraduate Course

 
MQF LEVEL 5

 
ECTS CREDITS 4

 
DEPARTMENT European and Comparative Law

 
DESCRIPTION The study-unit will run for one semester. It will assume a knowledge of the fundamental doctrines and principles of E.U. Law. It will cover the main constitutional issues which were raised by the creation of the E.U. but in a re-formed way in the light of the development of the Constitutional acquis up to and including the Reform Treaty. The main part of the study-unit will chart the evolution of the Draft Constitution for the European Union, through to the Constitutional treaty and latterly the Reform Treaty. It will encourage the students to analyze, from the legal perspective but also against the political and economic backdrop in Europe as well as the process of European Integration, the principal constitutional issues, including supremacy of Union law, the relationship between European and National Member state law, human rights protection, the institutions and institutional balance, the role of national parliaments, constitutional principles and values, and the impact of EU membership on national Constitutions. This study-unit can be regarded as preparatory for those who would like to follow the more intensive course at Masters level on the M.Juris Degree.

Learning Outcomes:

The students will more fully understand the relationship between EU Law and national law, and more particularly the thinking of the European Court of Justice, as well as the relationship between the European Court of Justice and national supreme courts. They will understand both the theory and the practice of European Constitutional law. Through the various debates in the academic literature on the nature of the Union and that of European Law, they will come to understand the various approaches taken by the various Member States to the constitutional questions posed by Membership of the Union. They will be able to articulate any conflict problems that arise and advise on such constitutional questions. They will become familiar with the general principles and their application by the European Court and national Courts. They will also become familiar with specific policy areas such as External Affairs and Foreign Policy, and the interpretation and application of the Charter of Fundamental Rights.

Reading Material:

Some Main Texts:

- J.H.H.Weiler, The Constitution of Europe (Cambridge, 1999)
- Craig and De Burca, The Evolution of EU Law (Oxford University Press)
- T.C. Hartley, Constitutional Problems of the EU (Hart, 1999)
- A.Verhoeven, The European Union in Search of a Democratic and Constitutional Theory (Kluwer)

NB: Detailed readings will be given out for each lecture.

 
ADDITIONAL NOTES Students taking this study-unit need to have a background in law.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Assignment SEM1 Yes 100%

 
LECTURER/S

 

 
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 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit