Study-Unit Description

Study-Unit Description


CODE EST1020

 
TITLE The Legal Order of the European Union

 
LEVEL 01 - Year 1 in Modular Undergraduate Course

 
ECTS CREDITS 8

 
DEPARTMENT European Studies

 
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 overflow 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 take 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.

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 basic 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.

Main Textbook:

J Steiner & L Woods, EU Law, 12th Edition, OUP (2014).

Supplementary reading will be provided in the course of the lectures.

 
RULES/CONDITIONS In TAKING THIS UNIT YOU CANNOT TAKE ECL3002

 
ADDITIONAL NOTES This study-unit is also available to visiting students who are studying at the University for the whole year.
All students (except Law students) are required to register for Level 1 Units if they are in Year 1, for Level 2 Units if they are in Year 2, and for Level 3 Units if they are in Year 3 of their Course.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Resit Availability Weighting
Examination (2 Hours) SEM2 Yes 100%

 
LECTURER/S Jelena Agranovska (Co-ord.)
Francis Zammit Dimech

 
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 2019/0, 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