LW593 EUROPEAN LAW - University of Kent

advertisement

LW593 European Law – 2009/10

[As at 14.9.09]

KENT LAW SCHOOL

LW593 EUROPEAN LAW

DRAFT MODULE OUTLINE 2009/10

NOTE: STUDENTS ARE STRONGLY ADVISED TO READ ALL OF THIS

DOCUMENT BY THE END OF THE FIRST WEEK OF THIS MODULE .

CONTENTS Page(s)

2 1.TEACHING STAFF AND MOODLE WEBSITE

2. MODULE AIMS AND OBJECTIVES

3. MODULE CONTENT

3

4

4. LECTURES AND SEMINARS

5. SCHEDULE OF LECTURES AND SEMINARS

6. ASSESSMENT

7. READING MATERIALS

8. DISSERTATION

9. LEARNING OUTCOMES

5

6

7-11

12-15

15

16

Kent Law School, Kent University (UK) 1

LW593 European Law – 2009/10

1.TEACHING STAFF AND MOODLE WEBSITE

Convenor: Mr Martin Hedemann-Robinson (MHR)

Eliot S4N1;telephone 3331; e-mail: m.hedemann-robinson@kent.ac.uk

Lecturer(s): Mr Martin Hedemann-Robinson (MHR)

Seminar leaders:

1) Mr Martin Hedemann-Robinson (MHR)

1) Dr Simone Glanert, e-mail: s.glanert@kent.ac.uk

(SG)

2) Ms Toni Johnson, e-mail: tamj2@kent.ac.uk

3) Mr Tobias Kliem, e-mail: tk59@kent.ac.uk

4) Mr Tim Mitchell, e-mail: T.Mitchell@kent.ac.uk

5) Mr Keith Webb e-mail: K.J.Webb-27@kent.ac.uk

6) TBC -Ms Anne Christine Witt, email: acwitt@hotmail.co.uk

7) TBC- Mr Ben Slight, email: bps8@kent.ac.uk

8) Medway TBC- Ms Johanne Pearson, e-mail: j.pearson@kent.ac.uk

9) TBC- Others

The office location and office hours of seminar leaders will be communicated by them separately to individual seminar groups.

1.1 Moodle website

The module webpage containing the LW593 European Law module outline, lecture recordings, lecture handouts and other module documentation is contained on Moodle via the following Kent University web link: https://moodle.kent.ac.uk/moodle/login/index.php

1.2 Policy on e-mail and telephone calls

Given the very large number of students participating in LW593 this academic year, we should be grateful if you would avoid e-mailing and telephoning the teaching staff with requests for general information which is readily available to you by other means

(at lectures, in outlines, on the course Moodle webpage, from the KLS office etc.).

We reserve the right to refuse to address queries of this kind. In particular, students should not send e-mails to teaching staff about their office hours and office location which is either printed above or will be disseminated during seminars to seminar groups.

Kent Law School, Kent University (UK) 2

LW593 European Law – 2009/10

2. MODULE AIMS AND OBJECTIVES

This 15 credit spring term undergraduate law module is designed to introduce law students to important legal foundations and principles of the European Union (EU).

The EU’s body of treaty and legislative rules has had an increasingly profound impact on the UK’s constitutional order since the UK acceded to the EU in 1972. Since its inception in 1951 with the European Coal and Steel Community Treaty, the European

Union has grown substantially, both in terms of the range of policy fields that it may regulate as well as the number of its Member States. The original founding goal of the EU to develop a common market between its Member States has expanded to include other economic as well as non-economic objectives (eg. development of common policies on the environment, migration, public health as well as co-operation in the fields of defence and crime).

As a result of this expansion, the impact of EU rules now affects a very wide range of areas of legal practice across EU member States concerning civil, public as well as criminal law. Whereas the EU comprised initially 6 Member States (the so-called ‘Big

Six’ of France, Germany, Italy, Belgium, The Netherlands and Luxembourg), the membership has grown to 27 Member States (at the time of writing) with around 500 million inhabitants. It is anticipated that the membership of the EU will increase again over the coming years. Current candidate countries for EU membership include

Croatia, Turkey and the Former Yugoslav Republic of Macedonia.

In addition to enabling students to acquire a sound introductory understanding of key legal features of EU law, this module also aims to facilitate students developing and engagement with the subject from broader contextual and critical perspectives. It builds on the knowledge that students will have already acquired in other law subjects, notably in the are of public law (LW588 Public Law 1 and LW592 Public

Law 2) where they have been provided with an introduction to the history of the EU, the main institutions of the EU and key constitutional issues arising from the principle of supremacy of EC law (e.g. impact on national parliamentary sovereignty).

Consequently, this module will, in referring to the above-mentioned issues relatively briefly, focus instead chiefly on other aspects of EU law not yet addressed during the modules for Public Law 1 and 2, including notably the substantive law of the EU common market, especially free movement of goods and persons.

Learning outcomes

The intended specific and generic learning outcomes for this module are provided at the end of this module outline in section 9 below.

Background reading

For those students interested in undertaking some general background general reading on the European Union prior to and/or during the module, selected reading sources are provided at Section 7.7 below. Whilst this module does not presuppose any prior knowledge about the law of the EU (outside of that taught in Public Law modules), it is recommended that students acquire, preferably before or alternatively during this module, at least a broad understanding of the Union’s general political purposes and historical development in order to facilitate their legal study of the subject.

Kent Law School, Kent University (UK) 3

LW593 European Law – 2009/10

3. MODULE CONTENT

This module is divided into two principal parts.

Part I: Key foundations of EU Law

The first part, comprising the first 4 weeks of lectures and seminars, focuses on selected key foundational aspects of EU law. This part is intended to provide students with an understanding of the general legal framework of the Union, namely its legal structures, internal institutional organisation, sources of law and legal effects of its norms within the Member States. Particular emphasis will be placed on the role of the

European Court of Justice in relation to the development of the impact of the EU’s legal framework.

Topic 1: Introduction- the evolution of the EU and its legal framework

Topic 2: Foundational legal principles (1): the European Court of Justice’s approach to interpreting EU Law; the supremacy principle

Topic 3: Foundational legal principles (2): direct effect of EU Law; legal effects of EU directives

Topic 4: Foundational legal principles (3): the impact of the preliminary ruling procedure in EU Law.

Part II: Key substantive aspects of EU law

The second part of the module turns to consider the legal impact and development of selected core substantive areas of EU law within the Member States. These comprise areas directly relevant to the EU’s original chief objective of realising a ‘common’ or

‘single’ market space within the combined European territories of the Member States.

In addition, this part also seeks to raise discussion on the extent to which the EU, in having recognised and developed the concept of EU citizenship and principles of fundamental rights, may be said to have moved beyond its original core areas of concern of being a regional international organisation focusing on enhancing closer economic co-operation between its constituent Member States to embrace broader political objectives purporting to promote the welfare of an emerging concept of a

European polity or public.

Topic 5: Free Movement of Goods

Topic 6: Free Movement of Workers

Topic 7: Free Movement of Services and Freedom of Establishment

Topic 8: EU Law and fundamental rights

Topic 9: EU Citizenship and its impact on the single market

Kent Law School, Kent University (UK) 4

LW593 European Law – 2009/10

4. LECTURES AND SEMINARS

This module is taught by way of both lectures and seminars.

4.1 Lectures

There are two one-hour lectures a week spread across ten teaching weeks of the spring term, commencing in week 13 of the spring term (week commencing 18/1/2010), making a total of 20 lectures in all.

The lecture times and venues are as follows:

Mondays 1700-1800 [Venue - tbc]

Thursdays 1200-13000 [Venue - tbc]

Whilst students are not obliged to attend lectures, it is strongly recommended that they do so in order to facilitate their learning of legal areas and issues addressed over the course of the module. Lectures are individually recorded and may be listened to on the Moodle website for LW593 European Law. It is anticipated that at least one lecture will be given on the Medway campus in accordance with recommended KLS practice. There will be a revision slot at the end of the module.

4.2 Seminars

Seminars are provided on a weekly basis. There are 9 one-hour seminars in total, commencing from the second week, namely week 14 of the spring term (week commencing 25/1/2010). There are no seminars in the first week of the spring term.

Attendance at seminars is compulsory. All students are required to prepare in advance of each seminar to discuss all the seminar questions (except the supplementary questions listed for further self-study purposes).

During the course of the seminar programme, individual students will be required to make an oral presentation on a particular designated seminar question. Oral presentations will be organised normally so that two students will be make a joint oral presentation. The oral presentation, marked by the seminar leader, constitutes 10% of the final overall mark (for further details see section 7 below on Assessment).

Kent Law School, Kent University (UK) 5

LW593 European Law – 2009/10

5. SCHEDULE OF LECTURES AND SEMINARS

Lecture topic Seminar topic Spring

Term

09/10

Week 13 Introduction- the evolution of the

EU and its legal framework

No seminars in first week

Week 14 Foundational legal principles (1): the European Court of Justice’ s approach to interpreting EU Law; the supremacy principle

Week 15 Foundational legal principles (2): direct effect of EU Law; legal effects of EU directives

Week 16 Foundational legal principles (3): the impact of the preliminary ruling procedure in EU Law.

Introduction - the evolution of the EU and its legal framework

Foundational legal principles

(1): the European Court of

Justice’ s approach to interpreting EU Law; the supremacy principle

Foundational legal principles

(2): direct effect of EU Law; legal effects of EU directives

Week 17 Reading week: no lectures and seminars

Week 18 Free movement of goods Foundational legal principles

(3): the impact of the preliminary ruling procedure in

EU Law.

Lecturer

MHR

MHR

MHR

MHR

MHR

Week 19 Freedom of workers

Week 20 Free movement of services and freedom of establishment

Week 21 EU law and fundamental rights

Free movement of goods

Freedom of workers

MHR

MHR

Week 22 EU Citizenship

Free movement of services and freedom of establishment

MHR

EU law and fundamental rights MHR

Week 23 Revision lectures EU Citizenship MHR

Week 24 Writing week: no lectures or seminars. NB! Written assessment due on Friday 9

April 2010

Kent Law School, Kent University (UK) 6

LW593 European Law – 2009/10

6. ASSESSMENT

6.1 General

This module is examined by way of the following three assessments:

1 piece of coursework in the form of an essay of up to 2,000 words to be submitted by 9 April 2010: worth 10% of the final mark

1 oral presentation in seminars: worth 10% of the final mark

1 two-hour written examination to be undertaken during the summer term (in

May/June 2010): worth 80% of the final mark.

6.2 Essay

Students are required to submit an essay answering one of a range of set questions on

EU law with a word limit of 2,000 words. This must be submitted by 9 th

April 2010 in accordance with the standard submission requirements for undergraduate essays of

Kent Law School as set out in the KLS Undergraduate Handbook issued to all law students, including notably the requirements regarding electronic submission of written work for ‘Turnitin’ scrutiny.

Guidelines that may be helpful for writing the essay:

General: The purpose of the essay is to engage in a more advanced study of the chosen topic, rather than merely demonstrating basic knowledge. Depending on the topic, this may well involve a more comprehensive treatment of relevant caselaw, legislation and/or academic literature, and development of some analysis.

Ideally, three aspects should be considered in particular to underpin an essay: demonstration of a sound command of the relevant legal area; demonstration of a good understanding of relevant academic commentary and evidence of the student’s own reasoned opinion on the essay question. Most of the essay space should be devoted to addressing the first two aspects; relatively little space is usually required to be devoted to own opinion.

Substantive points: As an initial starting point for researching an essay, it is useful to commence with general academic sources and reference works on EU law

(textbooks and general academic commentaries and compendia) as well as any relevant case law. Students should then deepen this initial research by making reference to additional more specific sources of academic (and legal professional) commentary pertinent to the essay question, notably by researching for journal articles and monographs directly relevant to the area of law addressed by the essay question. In addition, students may also consider information and documentation that may be of relevance from the websites of official EU institutions (eg European Commission, European Court of Justice) and relevant news journals on EU matters. Students should avoid making reference to unattributable and/or unreliable sources of commentary on the web (eg.

Wikipedia).

Structuring and stylistic points: The essay should stay strictly within the word limit (2,000 words).Given that the word limit is relatively tight at 2,000 words, it is all the more important that students ensure that they plan the structure and

Kent Law School, Kent University (UK) 7

LW593 European Law – 2009/10 development of the essay in advance of writing up and monitor their word usage as the essay is developed. Some time should be factored in to ensure that excessive or repetitive verbiage is cut out. Students should endeavour to write in as clear a writing style as possible, avoiding excessively long sentences and overly short paragraphs. It is advisable to pay attention to the organisation and presentation of the work. For example, the style of writing should be clear and coherent, the material should be adequately structured by using headings and subheadings, someone else’s material should be correctly referenced, and the essay should be checked by making use of the spell-checking tool.

Referencing and bibliography: All sources of law (statutory and judicial) and commentary used in an essay (other than the student’s opinion) should be referenced in the essay by way of either footnotes or endnotes pinpointing the exact page reference or relevant section of the source. Students should ideally avoid any secondary referencing, namely the practice of providing a reference for a publication by citing another publication that makes reference to it. Where possible, students should instead only cite the original source of the publication.

Students should provide a bibliography at the end of the essay containing all the sources of law used.

Assessment criteria: Students are referred to the standard benchmarks cited in the

KLS Undergraduate Handbook, distributed to all law students, on assessment criteria. These include general guidance on understanding what is required for a good quality legal essay or answer to a legal problem.

6.3 Oral presentation i) Purpose

One of the assessments for this module is the oral presentation, which is worth 10% of the final overall mark. The purpose of the oral presentation is to enable oral skills to be taken into account in the assessment process and take into account a number of other related transferable skills. These skills, which are invaluable for academic as well as professional development purposes include notably:

Mastery of effective verbal communication skills;

Knowledge of relevant (legal) research materials;

Ability to prepare presentation task on time;

Ability to organise analysis and argument clearly and effectively;

Ability to present an effective brief argument and analysis to fit the time allocated for the presentation;

Ability to present own reasoned views. ii) Content and organisation

Specifically, the oral presentation requires each student to present an answer to a particular designated seminar question to their seminar group. The module document containing the list of seminar questions indicates which ones are to be subject to an oral presentation.

Kent Law School, Kent University (UK) 8

LW593 European Law – 2009/10

Content: Students are to assist in presenting an answer to a particular seminar question to their seminar group during a seminar. The seminar question will require a brief analysis of a particular notable judgment of the European Court of Justice.

Students will be required to identify key elements of the judgment, notably including: factual background; the Advocate General’s opinion; and the ECJ judgment. In addition, students will be required to evaluate briefly the ramifications of the particular judgment and indicate why they do/do not agree with the ECJ’s reasoning and/or conclusions.

Organisation: Each oral presentation will last for 15 minutes. In principle, each presentation will be made jointly by pairs of students. It is envisaged that there will be one presentation per seminar, as from the second seminar onwards. Seminar leaders will pair students up at the first seminar of the module and let each pair know their particular designated seminar question. Each pair of students is to prepare jointly for the presentation and should aim to divide up speaking time between them equally.

Any relevant written preparatory notes should be retained and handed to seminar leaders at the end of the presentation. Students should assume that they are not required to use electronic aids such as PowerPoint for the presentation. Students may, if they wish, distribute a sheet of A4 containing presentation headings/notes to members of seminar group, but this is not required.

For seminar groups containing an odd, as opposed to an even, number of students, it will be the case that one of the oral presentations will exceptionally be presented by three instead of two students. In this case, as is the case with pairs, all three of the students are to prepare together for their joint oral presentation and ensure that speaking time is evenly divided between them.

After the oral presentation has been completed, the seminar leader may open up further brief discussion of the seminar question to the seminar group as a whole.

Keeping time: Students should ensure that their oral presentation does not overrun the

15 minutes allotted. Seminar leaders will ensure that no more than 15 minutes is used for an oral presentation and will stop the presentation after that time. It is the responsibility of the presenting students to ensure that they manage time appropriately.

Recording: For quality assurance purposes, it is anticipated that all or at least some of the presentations will be video recorded or tape recorded. This is to serve to assist in ensuring that the marking process accords with appropriate quality assurance regarding assessments.

Kent Law School, Kent University (UK) 9

LW593 European Law – 2009/10 iii) Marking criteria

The 10% for oral presentation will be allocated on the basis of the following qualities or criteria relating to the content and presentation of the seminar. Each criterion is allocated the same weighting for marking purposes.

Content :

1) Degree of knowledge and understanding of the case

2) Degree of instructive analysis and evaluation of the case

Presentation :

3) Degree of clarity of analysis and logical structuring of presentation

4) Degree of effective oral communication (including audibility,appropriate pace of presentation

Bearing in mind the relative brevity of preparation time and novelty involved, some small allowance is to be factored in for each pair of students who make the first oral presentation in their particular seminar group.

The following table indicates how the above-mentioned criteria feed into the marking calculation scheme:

Assessment for Oral Presentation in LW593 European Law

Student:

Seminar question:

Seminar group:

Seminar leader:

Quality assessed

Date of oral presentation:

Mark (out of 10)

1. Degree of knowledge and understanding of the case

2. Degree of instructive analysis and evaluation of the case

3. Degree of clarity of analysis and logical structuring of presentation

4. Degree of effective oral communication (including audibility,appropriate pace of presentation

Overall Mark (average of above)

Additional Comments (where necessary) – including noting if student presented the first oral presentation of their seminar group.

Kent Law School, Kent University (UK) 10

LW593 European Law – 2009/10 iv) Feedback on oral presentation

Seminar leaders will mark the oral presentation made by students in their respective seminar groups. It is intended that official formal feedback will be provided to each student on their performance together with a provisional mark by the end of the spring term, when all presentations have been completed and the relevant internal marking/moderation processes have been completed. Seminar leaders may, at their discretion, provide students with informal feedback at an earlier stage shortly after individual presentations have been completed.

6.4 Written Examination

In the written examination, students must answer two questions out of nine.

Examination questions may involve essay questions and case problems. The examination will last two hours. All questions will be weighted equally in marking.

Material used in the answer to one question should not substantially be duplicated in an answer to another. Candidates may bring to the exam an unannotated copy of

Foster’s EC Legislation or alternative book of EU statutory materials. These may be underlined or shaded with a translucent marker but must not be annotated, namely written on. A list of cases will be provided to all students in the exam hall.

In the last teaching week, there will be a revision slot given by the lecturer replacing the usual hours for lectures. The purpose of the revision slot will be to revisit select areas of EU law covered by the module. Further details will be provided nearer the time.

6.5. Unit for the Enhancement of Learning and Teaching (UELT)

Students may wish to know that the University’s Student Learning and Advisory

Service (SLAS) at the Unit for the Enhancement of Learning and Teaching offers a general programme of workshops and information offering general advice on aspects of assessment work, such as advice on essay writing, seminar presentations and revision strategy. Further details are available online at www.kent.ac.uk/student/skills

Kent Law School, Kent University (UK) 11

LW593 European Law – 2009/10

7. READING MATERIALS

7.1 Core reading materials

This module expects that students should acquire an up to date textbook as well as statutory materials on EU Law

The textbook recommended for this particular module, whose chapters are cited for seminar preparation, is:

J. Steiner/L. Woods, EU Law 10 th ed. (Oxford, 2009).

(This textbook (referred to as ‘Steiner/Woods’ in this outline hereafter) contains a good overview of the areas of law covered in this module.

Considerably shorter and more condensed than the leading, lengthy textbook by Craig and De Burca (see below), Steiner/Woods provides a sound introduction to the subject taught over the course of a single academic term.

(See section 7.3 for suggested alternative textbook titles).

The EU statutory materials book recommended for this module is:

N.Foster, Blackstone’s EU Treaties and Legislation 2009-2010 20 th ed.

(Oxford, 2009)

(Students are advised that they may bring with them unannotated versions of this book into the exam, or other compilations of EU statutory materials. (See

Section 7.3 for alternative EU statutory materials books).

7.2 Complementary key reference works

The following books, several copies of which are held in the short term loan collection of the Library, are strongly recommended as principal complementary references tools for further study, essay preparation and revision:

1) I.Ward, A Critical Introduction to European Law 3 rd

ed (Cambridge 2009)

This book provides a lively, provocative and interesting introduction to the subject. Its strength is to be able to consider the development of EU law from broader contextual and political perspectives. Whilst it does not necessarily aim to provide a comprehensive account of legal developments and one may dispute some of the analysis, it constitutes an important and stimulating source of reflection on the impact of EU law. A useful complement to the core reading materials.

2) P. Craig/G. De Burca,

2007)

EU Law: Text, Cases and Materials (4 th ed. OUP,

This classic textbook provides a comprehensive account and analysis of EU law and contains an excellent range of excerpts from academic commentaries. Regarded as perhaps the leading textbook on EU law on the English language, it is constitutes an excellent source of reference for the purposes of deepening knowledge. Given its considerable length and detailed analysis at over 1,000 pages, it has not been selected as the primary recommended textbook for this 15 credit module. (It was recommended in the past as a textbook when European

Law was taught as a 30 credit module).

Kent Law School, Kent University (UK) 12

LW593 European Law – 2009/10

Students are also strongly recommended to consult the following textbooks and commentaries on EU law that may be of use for further study for deepening research and assessment preparation:

A. Arnull, The European Union and its Court of Justice 2 nd

ed (OUP, 2006).

A. Arnull, A. Dashwood, M . Ross, D. Wyatt, E. Spaventa, M. Dougan, Wyatt and

Dashwood’s European Union Law 5 th ed. (Sweet and Maxwell, 2006).

C. Barnard, The Substantive Law of the EU: The Four Freedoms (OUP, 2007):

D. Chalmers/C. Hadjiemmanuil/G. Monti/A. Tomkins, European Union Law (CUP

2006)

P.Craig/G. De Burca (Eds), The Evolution of EU Law (OUP, 1999)

S. Douglas-Scott, Constitutional Law of the European Union (Pearson, 2002).

T. Hartley, The Foundations of European Community Law 6 th

ed. (OUP, 2007).

T. Hartley, European Union Law in a Global Context: Text Cases and Materials

(CUP, 2004).

J. Shaw, J. Hunt and C. Wallace, The Economic and Social Law of the European

Union (Palgrave 2007)

S.Weatherill, Cases and Materials on EU Law 8 th

ed (Oxford 2007)

7.3 Other general textbooks and statutory materials

The following list contains a selection of other general standard textbooks on EU

Law:

A. Kaczorowska, European Union Law (Routledge-Cavendish 2008)

J. Fairhurst, Law of the European Union 7 th

N. Foster, Foster on EU Law (OUP, 2006).

ed (Pearson 2010)

The following list contains a selection of textbooks on EU law that provide relatively basic and clear introductory overviews of the bare essential legal principles. These may be of use to students interested in consolidating their knowledge of fundamental aspects of EU law:

E.Berry/S.Hargreaves, European Union Law 2 nd

ed (OUP 2007)

K.Davies, Understanding European Union Law 3 rd

ed (Routledge Cavendish

2007)

E. Deards & S. Hargreaves, European Union Law Textbook (OUP, 2004).

N.Foster, EU Law Directions (OUP 2008)

M. Horspool, European Union Law , 4th ed. (OUP 2006)

The following list contains a selection of other recently published compilations of EU statutory materials:

N.Busby//R.Smith, Core EU legislation 2009/2010 (Palgrave 2009)

J.Kenner, European Union Legislation 2009-2010 (Routledge 2010)

Kent Law School, Kent University (UK) 13

LW593 European Law – 2009/10

7.4 Journals and Yearbooks on EU Law

Main law journals and yearbooks in the field, several of which are also accessible via the University Library ‘LawLinks’ website ( http://www.kent.ac.uk/lawlinks/ ):

Cambridge Yearbook of European Legal Studies

Common Market Law Review

European Constitutional Law Review

European Law Journal

European Law Review

European Public Law

Legal Issues on European Integration

Maastricht Journal of European and Comparative Law

Yearbook of European Law

Other selected law and non-law journals frequently containing commentary on EU legal developments and issues:

European Human Rights Law Review

International Comparative Law Quarterly Review

Journal of Common Market Studies

Law Quarterly Review

Modern Law Review

Public Law

7.5 Case of the European Court of Justice

The case law of the European Court of Justice is available online via the following official EU institutional weblinks:

ECJ website: http://curia.europa.eu

(case law since 1997)

EU’s ‘EURLEX’ website: http://eur-lex.europa.eu/en/index.htm

(case law since 1951)

In addition, the University Library stocks hard copies of ECJ judgments, including opinions of Advocates-General in the following law report collections:

European Law Reports

Common Market Law Reports

7.6 EU-related news sources

The following news journal sources, in additional to the standard range of broadsheet journals, may be of interest for the purposes of keeping abreast of current political developments and issues concerning the EU. www.euobserver.com

(news about general political developments in the EU and the

Member States) www.euractiv.com

(detailed account of political and legal developments) www.euronews.eu

(also available at Sky Channel 509)

Kent Law School, Kent University (UK) 14

LW593 European Law – 2009/10

EU Law Blog: http://eulaw.typepad.com/

ECJ Blog: http://www.ecjblog.com/

European Voice (weekly journal available online via Library)

New Europe ( www.neurope.eu

)

The Economist (available online via Library)

7.7 General background reading on the EU

For students interested in undertaking some general background general reading on the European Union prior to and/or during the module, students may find it useful to consult the following literary and web sources for a general overview of the EU’s aims and policies, institutions, historical background and evolution, and broader international context. Given its relatively brevity and legal focus, this module will not be able to consider in any detail the broader political and historical background, developments and context of the EU. The following selected general sources may be of interest in this regard:

D. Dinan, Europe Recast: A History of European Union (Palgrave 2004)

D.Dinan, Ever Closer Union: An introduction to European Integration 3 rd

ed

(Palgrave 2005)

D. Urwin, The Community of Europe: A History of European Integration since 1945

2 nd ed (Longman 1995)

S.Wall, A Stranger in Europe: Britain and the EU from Thatcher to Blair (Oxford

2008)

H.Young, This Blessed Plot: Britain and Europe from Churchill to Blair (Macmillan

1999)

The EU’s official website ( http://europa.eu/index_en.htm

) contains a wealth of general and specific information about the Union. See in particular its ‘Europe at a glance’ weblink: http://europa.eu/abc/index_en.htm

8. DISSERTATION

As a key transitional year in the curriculum revision process currently being rolled out at KLS in respect of its undergraduate law programmes, the academic year 2009/2010 will involve an unusually large number of students taking LW593. Taking this into account, in 2009/2010 by way of exception no dissertations will be allowed to be taken as an integral part of the assessment package for LW593.

Kent Law School, Kent University (UK) 15

LW593 European Law – 2009/10

9. LEARNING OUTCOMES

The intended subject specific and generic learning outcomes and, as appropriate, their relationship to programme learning outcomes are contained in the module specifications for this module and are reproduced in their essence here. The module specifications provide a cross-reference to relevant programme learning outcomes.

9.1 Subject specific learning outcomes

-Consolidation and deepening of knowledge and understanding of the key aspects of the legal framework of the European Union (institutional and legislative decisionmaking), building on teaching provided with respect to this area in the pre-requisite modules Public 1 and Public Law 2.

-An understanding of the main foundational legal principles pertaining to the law of the EU, in particular those relevant to the application of EU law at national level. An understanding of how EC rules differ in comparison with the English legal system that the students have studied in Public Law 1 and Public Law 2, e.g. as regards judicial review and protection of fundamental rights.

-An understanding of the main rules governing the single market, especially free movement of goods, free movement of workers and EU citizens, free movement of services and freedom of establishment. An ability to critically reflect on selected issues surrounding the socio-economic context of the single market rules.

-An ability to read, understand and evaluate legislative and judicial documents as well as commentaries relevant to EU law, including the case-law of the European Court of

Justice

-An ability to identify the legal issues raised in problem situations regarding the application of European Union law, and to predict the legal outcome.

-An ability to engage in critical discussion of selected reading materials on EU law, in accordance with the questions suggested on the weekly seminar sheet

9.2 Generic learning outcomes

-An ability to construct a critical argument in essay form, on the basis of independent research.

-An ability to present a case, identifying the key concepts, the inter-relation between the facts and the legal arguments and providing a coherent account of the judgment and of its broader ramifications.

-An increased confidence in oral communication by participation in seminar discussion, teamwork exercises and by delivering a case presentation.

-An ability to make proper use of the library resources by way of law reports, articles, monographs and textbooks.

-An ability to make proper use of web-based material and to distinguish appropriate sources from inadequate ones.

-An ability to apply critical, analytical and problem-solving skills in a wide range of different legal and non-legal settings.

-End of document-

Kent Law School, Kent University (UK) 16

Download