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Study-Unit Description
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CODE PBL2018

 
TITLE The Constitution of Malta and European Union Law

 
LEVEL 02 - Years 2, 3 in Modular Undergraduate Course

 
ECTS CREDITS 4

 
DEPARTMENT Public Law

 
DESCRIPTION The study-unit deals with the relationship that exists between the Constitution, the constitutional law of Malta and the Law of the European Union. The study-unit purports to concentrate on issues of supremacy of the constitution of Malta and the manner in which other constitutions within the European Union and their courts have established the constitutional parameters of the application of the provisions of EU Treaties within their domestic jurisdictions. The study-unit therefore differs from other approaches offered with the Faculty in that it does not deal with the constitutional set-up of the EU Institutions; it deals with the domestic constitutional provisions and notions on the manner in which they interact with the privacy of EU law at the International Law level.

Study-unit Aims:

The aims of this study-unit is to further the knowledge of law students in Public Law on the notions acquired in the general course on constitutional law and constitutional development offered in the first year of the LLB Course. It was realized that the topic of this study-unit could not be dealt with adequately in the first year of their studies in that they did have the necessary basic notions in constitutional law to appreciate what is in reality a ore advanced topic involving notions in both constitutional law and European law. It is to be noted that the students commence their studies in European Law in the second year of the LLB Course.

Learning Outcomes:

1. Knowledge & Understanding:

By the end of the study-unit the student will be able to:
a. Appreciate the proper relationship between the supremacy of the Constitution of Malta and the primacy of the norms issued from EU Institutions;
b. Have an understanding the various approaches which domestic Constitutions afford to the relationship between the Constitutions of the EU member States and EU Law;
c. Complete their studies in constitutional law on a subject matter which is increasing in importance within the domestic Public Law of member state.

2. Skills:

By the end of the study-unit the student will be able to:
a. Integrate the studies conducted in both constitutional law and EU Law in a holistic and complete manner
b. Complete the studies in that part of public law which is constitutional law;
c. Have the necessary Public law foundation on constitutional issues necessary for the proper furthering of their studies in EU Law and the Law of EU Institutions.

Main Text/s and any supplementary readings:

- Paul Craig, Grainne de Burca, EU Law, Text Cases and Materials, 5th Edition, Oxford University Press, 2011.
- John Tillotson, Nigel Foster, Text Cases and Materials on European Law, 4th Edition, Cavendish Publishing Limited.

 
ADDITIONAL NOTES Pre-requisite Study-unit: PBL1010

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Resit Availability Weighting
Examination (1 Hour) Yes 100%

 
LECTURER/S Austin Bencini

 
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 study-unit description above applies to the academic year 2014/5, if study-unit is available during this academic year, and may be subject to change in subsequent years.
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University of Malta
L-Università ta' Malta