| CODE | ECL2005 | ||||||
| TITLE | Basic Notions of European Union Law 2 | ||||||
| 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 covers the main heads of the European Union’s Legal Order. It starts with a chronological history of the development of the legal order via the conclusion of the first Treaties and the various amending treaties up to the current time. From the start the contribution of the European Court of Justice to this development is highlighted. Then follows an overview of the institutions of and the Union, their composition (briefly) and their powers, including the concept of institutional balance. The next topic is Decision-making in the Union. This is followed by the Doctrine of Supremacy of Union Law and the relationship of Union Law and National law, as well as the relationship between the European Court of Justice and national courts. The General Principles of Union Law will be examined, through the case-law of the European Court of Justice. This is followed by a study of the Doctrines of Direct Applicability and Direct Effect and the principle of State Liability, and remedies in national courts. This usually takes us to the end of the first semester. The second semester is devoted to the Jurisdiction of the European court of Justice, covering the Preliminary Rulings Procedure, Enforcement Actions, and the Direct Action for Annulment. Study-Unit Aims: The aims of this study-unit are to introduce the students to the EU legal order, to provide information on the institutions of the European Union and the basic principles of EU law and to introduce the students to EU administrative law and judicial protection. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: - Differentiate between basic sources of EU law; - Appraise the legal basis in the EU Treaties, the secondary legal instruments and the relevant case-law; - Explain new and existing EU legislation and case-law; - Compose reports on issues about a particular given legal position in EU law; - Plead EU law issues in a court of law; - Outline and discuss an understanding of the basic concepts in EU law. 2. Skills: By the end of the study-unit the student will be able to: - Evaluate EU Law as developed by the European Court of Justice; - Assess the difference in approach between that of the Court of Justice and that of a national (especially Constitutional) Court; - Evaluate political developments in the EU, even current, to the legal nature of the EU; and - Appraise from a legal perspective the political evolution of the Union. Main Text/s and any supplementary readings: Main Texts: - P Craig and G de Burca, 'EU Law Text Cases and Materials', 6th edition, Oxford, Oxford University Press July 2015. Supplementary Readings: - TC Hartley, 'The Foundations of European Union Law', 8th edition, Oxford, Oxford University Press, 2014. - J. Steiner and L. Woods, EU Law, 13th edition, Oxford. Oxford University Press, 2017. - N. Foster, EU Treaties and Legislation, 28th edition, Oxford, Oxford University Press, 2017. |
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| STUDY-UNIT TYPE | Lecture | ||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Joseph Bugeja |
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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 2023/4. It may be subject to change in subsequent years. |
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