Study-Unit Description

Study-Unit Description


CODE ECL4007

 
TITLE Area of Freedom, Security and Justice Legislation

 
UM LEVEL 04 - Years 4, 5 in Modular UG or PG Cert Course

 
MQF LEVEL 6

 
ECTS CREDITS 4

 
DEPARTMENT European and Comparative Law

 
DESCRIPTION One of the fundamental objectives of the European Union is to offer its citizens an Area of freedom, security and justice without internal frontiers. This study-unit is aimed at providing an introductory overview and analysis of the former Justice and Home Affairs Law (JHA) of the EU which has now been amalgamated under Title V of the Treaty on the Functioning of the European Union (TFEU). The study-unit will cover the institutional and governance issues of the legal basis and will move on to examine the substantive law under each of the legal basis. The study-unit will offer a detailed analysis of EU immigration and asylum law as well as dealing with border issues including the Schengen acquis.

The second part of the unit will focus on police and judicial cooperation in criminal matters and will also look into cooperation in civil and commercial matters and Fundamental Rights.

Study-unit Aims:

The aim is to make the students aware of the legal developments which have led to the creation of the Area of Freedom, Security and Justice under Title V of the Treaty on the Functioning of the EU (TFEU) from both the institutional and substantive law point of view.

Learning Outcomes:

1. Knowledge & Understanding:

By the end of the study-unit the student will be able to:
- Draw upon an in-depth knowledge of the law regulating the Area of Freedom, Security and Justice.
- Identify doctrinal and practical trends in legal practice and relevant EU case-law and recognise their impact on legal developments.
- Develop advanced legal research skills in the field.
- Read beyond legal doctrine and evaluate the relevance and importance of other disciplines.

2. Skills:

By the end of the study-unit the student will be able to:
- Navigate with ease through the substantive areas of law introduced by the unit.
- Handle cross-border litigation in the enlarged EU.
- Prepare legal opinions and offer advice to public and private clients on the policy area discussed.

Main Text/s and any supplementary readings:

- Steve Peers EU Justice & Home Affairs Law OUP 3rd Edition, 2011.
- J.W. de Zwann et al (eds.) Freedom, Security and Justice in the EU, TMC Asser Press, 2006.
- Joanna Apap, Justice and Home Affairs in the EU, EE Publishing, 2004.
- N. Walker, Europe’s Area of Freedom, Security and Justice, OUP, 2004.

 
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 Ivan Sammut
Steffi Vella Laurenti

 

 
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