Study-Unit Description

Study-Unit Description


CODE ECL1000

 
TITLE EU Law of Procedure

 
LEVEL 01 - Year 1 in Modular Undergraduate Course

 
ECTS CREDITS 4

 
DEPARTMENT European and Comparative Law

 
DESCRIPTION This study-unit studies the effects of EU law on national procedure. Students will also study the procedure before the Court of Justice of the EU (CJEU) including the Court of Justice (CJ) and the General Court, references to the CJEU, the European Arrest Warrant, European Enforcement Order, European Payment Order, the directives transposed in the Code of Organization and Civil Procedure, Council Regulation (EC) No 1393/2007 of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters; Council Regulation (EC) No 1206/2001 of the 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters; Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; Council Regulation (EC) No 2201/2003 of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility; infringement proceedings by the Commission leading to court action, among others. Students will be taught the laws and case law relevant to the subject of this study-unit.

Study-unit Aims:

The aim of this study-unit is to teach to the student the rules of EU procedure relating to: the procedure before the court of Justice of the EU (CJEU) and the General Court, references to the CJEU, the European Arrest Warrant, European Enforcement Order, European Payment Order, Council Regulation (EC) No 1393/2007 on the service of judicial and extrajudicial documents in civil or commercial matters; Council Regulation (EC) No 1206/2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters; Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; Council Regulation (EC) No 2201/2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility; infringement proceedings by the Commission leading to judicial proceedings.

Learning Outcomes:

1. Knowledge & Understanding:
By the end of the study-unit the student will be able to:

(a) know the applicable rules of civil and criminal procedure as adopted by the EU;
(b) understand the functioning of the CJEU;
(c) know the procedure stipulated by the European Arrest Warrant Procedure; the European Payment Order and the European Enforcement Order;
(d) comprehend the procedures laid down by Council Regulations (EC) No 1393/2007, 1206/2001, 44/2001 and 2201/2003;
(e) know how infringements proceedings against a Member State are initiated and how they can lead to judicial proceedings.

2. Skills:
By the end of the study-unit the student will be able to:

(a) comment upon the functioning of EU Courts, that is, the CJEU and references by national courts made thereto and the procedure before the Court of First Instance;
(b) interpret the rules regulating the procedure regulating the European Arrest Warrant Procedure; the European Payment Order and the European Enforcement Order;
(c) apply the rules setting out the procedure which has to be followed in terms of Council Regulations (EC) No 1393/2007, 1206/2001, 44/2001 and 2201/2003;
(d) write on the infringements procedure.

Main Text/s and any supplementary readings:

Storskrubb Eva, 'Civil Procedure and EU Law - A Policy area Uncovered', OUP, 2008; KC1019.S86.
Arnull Anthony, 'The European Union and its Court of Justice', OUP 2nd ed, 2006; KW93.A7 2006.
Cheshire, North & Fawcett, 'Private international Law', OUP 14th ed. 2008, pg. 203-352 &pg. 665-874 KC2000.C45 2004 (only 13th ed. in the library).

 
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 Resit Availability Weighting
Assignment SEM1 Yes 100%

 
LECTURER/S Jelena Agranovska (Co-ord.)
Natasha Buontempo

 
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 2018/9, if study-unit is available during this academic year, and may be subject to change in subsequent years.

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