Registry

Module Specifications

Archived Version 2004 - 2005

Module Title	European Union Law
Module Code	LG318
School	School of Law & Government
Online Module Resources
Module Co-ordinator	Dr Adam McAuley	Office Number	C223
Level	4	Credit Rating	5
Pre-requisite	None
Co-requisite	None

Module Aims

The aims of this module are: - To acquaint students with the aim and function of the EU; - To acquaint students with European integration; its historical and future developments; - To teach students the constitutional foundation and structure of the EU; the function of the Treaties and the relationship between the EU and the individual Member States, in particular Ireland ;- To teach students the function, tasks, powers and duties of each body of the Commission, the Council, Parliament and Court of Justice; - To teach the students about how the objectives of the EU are achieved or are to be achieved; - To acquaint students with the nature of rights conferred by the Treaties of the European Union on the one hand and on the other hand the rights conferred by the Conventions of the Council of Europe, particularly the European Convention of Human Rights and Fundamental Freedoms.

Learning Outcomes

At the end of the module, students must: - Appreciate the aim of European integration; - Know and understand the constitutional basis of the EU, the function of each EU institutional body and the law making process; - Know and understand the impact EU law on national legal systems in particular Irish law and the Irish legal system; and, - Be familiar with the common aims and objectives of the EU; and, - The future of EU development in areas such as foreign, defence and justice and home affairs.

Indicative Time Allowances
	Hours
Lectures	0
Tutorials	0
Laboratories	0
Seminars	0
Independent Learning Time	75

Total	75
Placements
Assignments

NOTE

Assume that a 5 credit module load represents approximately 75 hours' work, which includes all teaching, in-course assignments, laboratory work or other specialised training and an estimated private learning time associated with the module.

Indicative Syllabus

- Basic principles: historical development; main aims and objectives; expansion; constitutional structure of the EC/EU the significance of the Treaties; consequence of membership for Ireland; Constitution; European Communities Act, 1972 (and amending Acts). - Sources of Community Law: Primary Sources, Secondary legislation and Amendment and Revision of the EC Treaties; Treaty articles, directives, regulations, decisions, and other sources. - The European Union Institutions: Commission, Council, Court of Auditors, Court of Justice and Court of First Instance. - General Principles of Law: fundamental human rights; equality of treatment and non-discrimination; legal certainty; proportionality; right to a hearing; legitimate expectation; subsidiarity. - Judicial Review of EU law and its enforcement. The application of Articles, 226, 227, 230, 232, 234, 235, 241, 243 and 288. - The Supremacy of EU law and its relationship with national law: the direct effect of EU law and direct applicability of EU law; Preliminary references from the Irish Courts to the European Court of Justice; the application and enforcement of EU law; Acts and Statutory instruments necessary to implement EU law including the European Communities Act 1972 and the European Communities (Amendment) Act 1973; the process of EU legislation making; State liability for non-implementation and mal-implementation of EU law. - The Common and Internal Market: the rules regulating the free movement of goods, persons, services and capital. - EU Social Policy.

Assessment
Continuous Assessment	30%	Examination Weight	70%

Indicative Reading List

- Craig and De Burca, EC Law: Text, Cases and Materials, 3rd edition, Oxford University Press, 2002. - P Craig and G de Bzrca (Editors), The Evolution of EU Law, Oxford University Press, 1999. - Hartley, The Foundations of European Community Law, 5th edition, Oxford University Press, 2003. - European Union Consolidated Treaties, Luxembourg: Office for the Official Publication of the European Communities, 2002. - Foster, (Editor) Blackstones EC Legislation, 9th edition, London: Blackstone, 1999. - Arnull, A., Dashwood, A., Ross, M., and Wyatt, D.: Wyatt and Dashwoods European Union Law, 4th edition, Sweet and Maxwell, 2000. - Rudden and Wyatt, Basic Community Laws, 6th edition, Oxford: Oxford University Press, 1996. - Mathijsen, A Guide to European Union, 6th edition, London : Sweet and Maxwell, 1994. - Collins, European Community Law in the United Kingdom, 5th edition, Butterworths, 1999. - McMahon and Murphy, European Community Law in Ireland, Butterworths, 1989. - Steiner, Enforcing European Law, Blackstone, 1995. - Weatherill, Cases and Materials on EC Law, 4th edition, Blackstone, 1998. - Weatherill, Law and Integration in the European Union, Clarendon, 1995. - Tonra, (Editor) Amsterdam: What the Treaty Means, Institute of European Affairs, 1997

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