THE LAW OF THE EUROPEAN UNION

SHE Level 2
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code M2M222602
Module Leader Manos Maganaris
School Glasgow School for Business and Society
Subject Law
Trimester
  • B (January start)

Pre-Requisite Knowledge

Public Law 1 & Scots Law: Human Rights, the State and Accountabililty.

Summary of Content

This module provides the student with the opportunity of an in-depth study of the substantive law of the European Union and its enforcement at domestic and European level. Topics covered include free movement of goods, persons, services and capital, equal treatment of men and women in employment, EU citizenship rights, and protection of undistorted competition, enforcement issues and remedies. This is underpinned with an examination of the institutions and law making processes of the EU. The role of lawyers in society is changing - lawyers are increasingly expected to be pro-active in the prediction and prevention of unethical as well as unlawful behaviour across all areas of society. The delivery of the module will embed PRME principles including: developing graduates who care about social responsibility; developing learning and teaching which enables graduates to become responsible leaders and practitioners; and developing graduates who will advise businesses and other stakeholders to explore mutually beneficial responses to social and legal challenges.

Syllabus

1. Introductory Issues: History and institutions of the EU; Sources of EU law; general principles of law; principles of supremacy, direct applicability, direct effects, subsidiary, proportionality and effectiveness. 2. EU Substantive Law: Free movement of payments and capital; customs union; free movement of goods; free movement of persons; freedom of establishment; freedom to provide services; freedom to receive services; derogations, rights of 3rd country nationals, harmonization and the completion of the internal market; prohibition of discrimination; prohibition of anti-competitive agreements, decisions, concerted practices, abuse of a dominant position and of state subsidies; derogations; intellectual property rights; EU citizenship rights and protection of fundamental freedoms. 3. Enforcement Issues: Direct actions against Member States or EU institutions in EU courts; relationship of EU and national courts; relationship between EU courts and the European Human Rights Court; enforcement of EU law in national courts; remedies. 4. The way forward? - Future of the EU? 5 Legal Method An introduction to legal sources of EU law.

Learning Outcomes

On successful completionOn successful completion of this module, the student should be able to:1. Show an understanding of the historical development of the EU, its institutions and legal processes.2. Demonstrate a comprehension of the relevant provisions of substantive law of the European Union and its enforcement;3. Analyse a given set of facts so as to identify the relevant legal issues arising there from, explain the relevant provisions of EU law; evaluate the relevance of particular factual information, synthesise case law and secondary EU legislation to reinforce legal points and different points of law when reaching a reasoned conclusion;4. Identify and retrieve up to date legal information using paper and electronic repositories; use primary and secondary legal sources which are relevant to the topic under study and current at the point of assessment; present knowledge andinformation using sources to support arguments and conclusions; provide recognised methods of citation and reference;5. Identify accurately and formulate clearly the legal issues to be researched; undertake independent research (both paper-based and electronic) in areas of law which have not been previously studied, using paper and electronic repositories to research new topics without reference to a reading list;6. PRME Learning Outcome: demonstrate an ability to explore ethical and socially responsible responses to issues arising within the context of EU law. of this module, the student should be able to:

Teaching / Learning Strategy

GSBS will continue to use the advancement of GCU Learn as a blended learning tool through its teaching and learning as well as through engagement with students. GSBS will ensure that all modules are GCU Learn enabled and with the support of the Learning Technologists at the cutting edge of development of online materials. Academic staff and the Learning Technologists will continue to work together to develop and operate all modules on GCULearn to ensure student support and information sharing. Students are provided with formative and summative feedback via a variety of mechanisms. Feedback on coursework is provided within 3 working weeks of submission. Full-time students will attend 2 hours of lectures per week and 1 hour of seminars per week, part-time students will attend 2.5 hours of lectures per week and 1 hour of seminars per week. All students will be directed to materials on EU law and to paper and electronic sources of EU law. The structured lecturing and seminar programme of learning to be undertaken will encourage active, student-centred learning which will enable students to access and analyse a variety of primary and secondary source material in order to address and solve set questions and case studies. Internationalisation: The delivery of this module will set Scots, UK and EU law as appropriate in an international context. Feedback will be provided to students as follows: -360 1. Students will be provided with feedback within three weeks of submission of all summative assessments providing information on strengths, weaknesses and suggestions for corrective action to be applied in future submissions. The tutor will also provide generic feedback at the seminars where coursework will be handed back. Students may also discuss any points with their lecturer or tutor. -360 2. The virtual learning environment site will be used to feedback overall performance by students on all summative assessments highlighting overall strengths and weaknesses. -360 3. Discussion boards will be used to encourage teacher and peer-to-peer dialogue on certain topic areas where this form of communication would be regarded as effective. Student feedback on teaching, learning and assessment will be sought at the end of the semester through a module evaluation questionnaire.

Indicative Reading

Recommended textbook: Steiner, Josephine, Woods, Lorna : EU Law, 11th edition, Oxford University Press, 2012 Examples of other relevant reading: Textbooks: Craig, Paul & De Burca, Grainne: EU Law (Text, Cases and Materials), 5th edition, Oxford University Press, 2011 Barnard Catherine: The Substantive Law of the EU (The Four Freedoms), 3rd edition Oxford University Press 2010 Fairhurst John: Law of the European Union, 8th edition, Pearson/ Longman, 2010 Casebooks and other materials: Foster Nigel: Blackstone's EU Treaties 2011-12, Oxford University Press,2011 Weatherill, Stephen: Cases and Materials on EC Law, 9th edition, Oxford University Press, 2010 Journals include: Common Market Law Review European Law Journal

Transferrable Skills

-108 Analysis, Synthesis, Critical Judgment and Evaluation The ability to identify issues, assimilate, evaluate and analyse information to construct written or oral solutions to a problem by bringing together and integrating relevant information, and selecting key material, from a variety of different sources. The ability to present arguments for and against propositions, acknowledging ranking of sources and relative impact in context. Such skills are developed within this module through seminar preparation and tutor directed study in seminars, and through coursework essay writing. Personal Management, Independence and Ability to Learn. The ability to organise and prioritise effectively the expenditure of time and effort in the performance of all aspects of student work. The ability to learn effectively and be aware of their own learning strategies; to manage their own learning development and to reflect upon their learning, seeking and making use of feedback. Such skills are developed within this module through the following activities: Communication and Literacy The ability to communicate information, ideas, advice and choices in an effective and succinct manner and in plain English without losing focus on key issues. The ability to listen and question effectively, to give and receive feedback and to make presentations addressing an allocated topic within the prescribed time frame. The ability to communicate both orally and in writing (and, where appropriate, by the use of electronic means) using the English language accurately by creating work which is comprehensible to the intended audience. The ability to create documents which are analytical, descriptive and inquisitive using appropriate terminology and recognised methods of citation and reference. Such skills are developed within this module through the presentation of case scenarios in seminars and through the assessment of coursework. Information Technology - The ability to produce and present in an appropriate form a word-processed essay or other appropriate format. The ability to conduct efficient searches of websites to locate relevant information; and exchange documents by E-mail and the use of other computing applications. Such skills are developed within this module through the following activities through coursework and the ongoing dialogue with the module leader created in the GCU Learn environment and other forms of communication such as Twitter.

Module Structure

Activity Total Hours
Seminars (FT) 10.00
Lectures (FT) 24.00
Assessment (FT) 40.00
Independent Learning (FT) 126.00

Assessment Methods

Component Duration Weighting Threshold Description
Essay n/a 20.00 35% 1500 word essay
Exam (Exams Office) 2.00 60.00 35% Formal 2 hour unseen exam
Class Test 0.75 20.00 35% Class test