| CODE | ECL5122 | ||||||||
| TITLE | Judicial Protection in the EU | ||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||||
| MQF LEVEL | 7 | ||||||||
| ECTS CREDITS | 10 | ||||||||
| 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. The unit looks into 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. Study-Unit Aims: This study-unit aims to help students learn about the evolution of judicial protection in the EU, the standing of the individual before the EU courts, the judicial reviewability of EU action through direct and indirect challenges, the grounds of review and damages for wrongful EU acts. It seeks to familiarise the students with the remedies available before the Court of Justice of the European Union and national courts for the enforcement of the individual’s EU rights. Furthermore, this unit aims to expose students to the legislative backdrop of judicial protection. The ultimate scope is to equip students to give professional advice on matters pertaining to judicial protection and to represent clients in court, while also undertaking further advanced academic work. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: (i) have 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) know the effect of EU law at the national level particularly from the individual’s perspective; (iii) understand issues relating to the relationship between national law and EU law; and (iv) understand issues relating to the relationship between the national courts and the EU courts in the judicial protection of the individual. 2. Skills: By the end of the study-unit the student will be able to: - Provide professional legal advice 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. - Represent clients in court on issues concerning the judicial reviewability of EU action through direct and indirect challenges, the grounds of review and damages for wrongful EU acts. Main Text/s and any supplementary readings: Main Texts: - P. Craig & G. De Burca EU Law: Text, Cases and Materials, 7th ed., Oxford University Press (2020). - T.C. Hartley The Foundations of EU Law, 7th ed., Oxford University Press (2014). Other Textbooks - K. Lenaerts, P. Van Nuffel, and T. Corthaut, EU Constitutional Law, Oxford University Press. - K. Lenaerts, I. Maselis, and K. Gutman, EU Procedural Law, Oxford University Press. - R. Schütze, European Constitutional Law, 3rd ed., Oxford University Press. - C. Barnard and S. Peers, European Union Law, 2nd ed., Oxford University Press. - A. Arnull, A. Dashwood, M. Dougan, M. Ross, E. Spaventa and D. Wyatt, Wyatt & Dashwood’s European Union Law, 6th ed., Sweet & Maxwell. - J.H. Jans, R. de Lange. S., Prechal & R.J.G.M., Widdershoven, Europeanisation of Public Law, Europa Law Publishing. - N. Foster, Foster on EU Law, Oxford University Press. - J. Steiner and L. Woods, EU Law, 14th ed., Oxford University Press Twigg-Flesner Reference Books. - P. Craig, EU Administrative Law, 3rd ed., Oxford University Press. - A. Arnull, The European Union and its Court of Justice, 2nd ed., Oxford University Press. - J.C. Piris, The Constitution for Europe: A Legal Analysis, Cambridge University Press. - S. Prechal Directives in EC Law, 2nd ed., Oxford University Press. - T.C. Hartley, Constitutional Problems of the European Union, Hart Publishing. - G. De Burca & J.H.H. Weiler, The European Court of Justice, Oxford University Press. - 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. - 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 ed., Oxford University Press. - J.A. Usher, General Principles of EC Law, Longman. - T. Tridimas The General Principles of EU Law, 3rd ed., Oxford University Press. - L. Betten and N. Grief, EU Law and Human Rights, Longman. - 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, Oxford University Press (latest edition). - S. Weatherill, Cases & Materials on EU Law, 8th edn. Oxford University Press. Journals - European Law Review (ELR). - Common Market Law Review (CMLRev). - Cahiers droit européen (CDE). - European Constitutional Law Review. - European Law Journal (ELJ). - European Law Review (ELR). - European Papers. - Yearbook of European Law (YEL). - Legal Issues of European Integration (LIEI). |
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| STUDY-UNIT TYPE | Lecture | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Jelena Agranovska Joseph Bugeja Ivan Sammut Steffi Vella Laurenti |
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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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