| CODE | ECL3001 | ||||||
| TITLE | European Union Law 1 | ||||||
| UM LEVEL | 03 - Years 2, 3, 4 in Modular Undergraduate Course | ||||||
| MQF LEVEL | 6 | ||||||
| ECTS CREDITS | 4 | ||||||
| DEPARTMENT | European and Comparative Law | ||||||
| DESCRIPTION | The course 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 the EC and the Union, their composition (briefly) and their powers, including the concept of institutional balance. The next topic is Decision-making in the Union, with emphasis on the Community method. This is followed by the Principle of Supremacy of Community/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. Then we examine the so-called General Principles of Community Law, through the case-law of the European Court of Justice. This is followed by a study of the Principles of Direct Applicability, Direct Effect and 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. We normally to add to this an introduction to the substantive law of the EC in the shape of the Free Movement of Goods provisions of the Treaty as interpreted and applied by the European Court of Justice. Students will have the opportunity on the LL.D degree to select options in substantive (i.e.policy areas) Community /Union law. The objective is to cover the main elements of the so-called Community Legal Order, which has an inherent dynamic to become over time the essential legal order of the Union as a whole and much of which applies across the sphere of competences of the Union. The student will develop an understanding the legal perspective of the evolution and the workings of the Union, with emphasis on the relationship between Community/Union Law and National Law and the approach and methodology of the European Court of Justice in interpreting, developing and applying Union Law. N.B. Textbooks are as advised on the Booklist distributed at the start of the academic year. Materials will be supplied at every stage of the course to supplement the textbooks. |
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| RULES/CONDITIONS | In TAKING THIS UNIT YOU CANNOT TAKE ECL2001 OR TAKE ECL3002 | ||||||
| STUDY-UNIT TYPE | Lecture and Tutorial | ||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Maria Louisa Abela Jelena Agranovska Natasha Buontempo Mireille-Martine Caruana Ivan Sammut (Co-ord.) |
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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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