Study-Unit Description

Study-Unit Description


CODE ECL5050

 
TITLE Judicial Protection in the EU

 
LEVEL 05 - Postgraduate Modular Diploma or Degree Course

 
ECTS CREDITS 12

 
DEPARTMENT European and Comparative Law

 
DESCRIPTION This study-unit focuses on the protection of the individual's EU rights and the maintenance of the rule of law through the various remedies available to the individual before the Court of Justice of the European Union and national courts. Totally based on a discussion of EU case law, various issues such as the standing of the individual before the EU courts, the judicial reviewability of EU action through direct and indirect challenges, the grounds of review, the possibility of obtaining damages for wrongful EU acts, the role of general principles of law and human rights and competence and subsidiarity issues are examined. The effect of EU law in the national legal systems is discussed and enforcement of the individual's EU rights at the national level through the doctrines of direct effect and primacy of EU law and the effectiveness and state liability principles are analysed as is also the cooperation between the EU courts and the national courts in the correct and uniform application of EU law through the preliminary reference procedure.

Learning Outcomes:

The student gains a thorough understanding of:

(i) the remedies available before the Court of Justice of the European Union and national courts for the enforcement of the individual’s EU rights and the principles that have emerged from case law governing the availability of these remedies;
(ii) the effect of EU law at the national level particularly from the individual’s perspective;
(iii) issues relating to the relationship between national law and EU law; and
(iv) issues relating to the relationship between the national courts and the EU courts in the judicial protection of the individual.

Reading Material:

Main Textbooks

P. Craig & G. De Burca EU Law: Text, Cases and Materials, 4th edn., Oxford University Press
T.C. Hartley The Foundations of European Community Law 6th edn., Oxford University Press

Other Textbooks

A. Arnull, A. Dashwood, M. Dougan, M. Ross, E. Spaventa and D. Wyatt, Wyatt & Dashwood’s European Union Law, 5th edn., Sweet & Maxwell
J.H. Jans, R. de Lange. S., Prechal & R.J.G.M., Widdershoven, Europeanisation of Public Law, Europa Law Publishing
K. Lenaerts, D. Arts & I. Procedural Law of the European Union, 2nd edn., Sweet & Maselis Maxwell
K. Lenaerts and P. Van Constitutional Law of the European Union, 2nd edn., Sweet Nuffel & Maxwell
N. Foster Foster on EU Law, Oxford University Press
J. Steiner, L. Woods & C. EU Law, 9h edn., Oxford University Press Twigg-Flesner Reference Books
P. Craig EU Administrative Law, Oxford University Press
A. Arnull The European Union and its Court of Justice, 2nd edn., Oxford University Press
J.C. Piris The Constitution for Europe: A Legal Analysis, Cambridge University Press
S. Prechal Directives in EC Law, 2nd edn., Oxford University Press
T.C. Hartley European Union Law in a Global Context: Text, Cases and Materials, Cambridge University Press
T.C. Hartley: Constitutional Problems of the European Union, Hart Publishing
De Burca & Weiler The European Court of Justice, Oxford University Press
L.N. Brown & T. Kennedy Brown and Jacobs' The Court of Justice of the European Communities 5th edn., Sweet & Maxwell
J.H.H. Weiler The Constitution of Europe, Cambridge University Press
J. Bengoetxea The legal reasoning of the European Court of Justice, Oxford University Press
R. Gordon EC Law in Judicial Review, Oxford University Press
Anderson & Demetriou References to the European Court, 2nd edn., Sweet & Maxwell
M. Andenas Article 177 References to the European Court - Policy and Practice, Butterworths
A. Albors-Llorens Private Parties in European Community Law, Oxford University Press
A. Ward Judicial Review and the Rights of Private Parties in EU Law, 2nd edn., Oxford University Press
J.A. Usher General Principles of EC Law, Longman
T. Tridimas The General Principles of EU Law, 2nd edn., Oxford University Press
L. Betten and N. Grief EU Law and Human Rights, Longman
J. Wakefield Judicial Protection through the Use of Article 288(2) EC, Kluwer
A. Estella The EU Principle of Subsidiarity and its Critique, Oxford University Press
S. Weatherill Law and Integration in the European Union, Oxford University Press
P.G. Xuereb (ed) The Constitution for Europe: An Evaluation, University of Malta

Source Materials

N. Foster Blackstone's EU Treaties & Legislation 2008-2009, 19th edn., Oxford University Press
S. Weatherill Cases & Materials on EU Law 8th edn. Oxford University Press

Journals

European Law Review (ELR)
Common Market Law Review (CMLRev)
Yearbook of European Law (YEL)
Legal Issues of European Integration (LIEI)

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Resit Availability Weighting
Assignment SEM2 Yes 20%
Examination (3 Hours) SEM2 Yes 80%

 
LECTURER/S Jelena Agranovska (Co-ord.)
Ivan Sammut

 
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