Undergraduate Course: European Union Law (Ordinary) B (LAWS08138)
Course Outline
| School | School of Law |
College | College of Humanities and Social Science |
| Credit level (Normal year taken) | SCQF Level 8 (Year 1 Undergraduate) |
Availability | Not available to visiting students |
| SCQF Credits | 20 |
ECTS Credits | 10 |
| Summary | THIS COURSE IS NO LONGER RUNNING
The course aims to impart
(a) a knowledge and understanding of the law of the European Union, principally its procedural and substantive law; sensitivity throughout to its transnational and polyglot nature and culture;
(b) an understanding of the place and application of EU law within the legal systems in Scotland and the UK; the adaptation of Scots remedies and procedures to the requirements of EU law, from, in part, a comparative perspective;
(c) an ability to find easily and use comfortably the primary (the Treaties) and secondary (droit dérivé) sources of EU law, and to understand the relationship between them; greater library and IT skills in relation to the European materials and its specialised sources;
(d) an understanding of the jurisdiction and methods of the EU judicature;
(e) a basic knowledge of the economics of the internal market and the historical development of its creation within the EC/EU;
(f) a solid knowledge of the law of the internal market; its universal principles; its detailed application as it applies to goods, persons (including JLS and Schengen), services and capital;
(g) an understanding of the sources and application of the general principles of EU law, particularly the EU Charter of Fundamental Rights
(h) a basic familiarity with the law of the Union¿s agricultural, monetary, social and commercial policies
(i) an ability to use problem-solving and diagnostic techniques in the application of legal principles to the solution of EU legal problems at both macro (pan-European) and micro (Scottish) levels.
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| Course description |
Indicative teaching programme
1. Introduction; relationship with Scottish Legal Systems
2. The Treaties and their relationship
3. Constitutional principles
4. Fundamental rules: autonomy, direct effect, primacy; reception
5. Union legislation; enforcement; indirect effect
6. The European Court of Justice
7. Articles 258-260 TFEU
8. Article 263 TFEU
8. Article 340 TFEU
9. Article 267 TFEU
10. Economics of the common/internal market
11. Free movement of goods: four freedoms
12 Free movement of goods: tariff barriers; fiscal barriers
13. Free movement of goods: non-tariff barriers; Dassonville; Cassis de Dijon
14. Free movement of goods: Article 36 TFEU; mandatory requirements; Keck
15. Persons and Services: Workers; Citizens¿ Rights Directive
16. Establishment and Services
17. Mutual Recognition of qualifications
18. Restrictions: Articles 45(3), 45(4), 51, 52(1), 62 TFEU; Imperative reasons in the public interest
19. Area of Freedom, Security and Justice; Schengen
20. Capital
21. General principles of EU law; EU Charter of Fundamental Rights
22. Agricultural, monetary, social, and commercial policies
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Entry Requirements (not applicable to Visiting Students)
| Pre-requisites |
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Co-requisites | |
| Prohibited Combinations | |
Other requirements | This course is ONLY open to students who are doing an EU and modern languages programme (ie French and Spanish and European Union Studies). |
Course Delivery Information
| Not being delivered |
Learning Outcomes
On completion of this course, the student will be able to:
- 1. Knowledge and Sources of Law: By the end of the course, students should be able to demonstrate a full knowledge and understanding of the following topics in EU law: - The constitutional nature of EU law in the UK - The judicial architecture and methods of the European Court of Justice - The jurisdiction of the Court of Justice: enforcement of member state obligations; judicial review; exception d'illegalité; the Union¿s non-contractual liability; appeals; references for preliminary rulings - The common/internal markets; - Goods: customs union; common customs tariff; Community customs code; tariff barriers; fiscal barriers; quantitative restrictions and measures having equivalent effect; Dassonville, Cassis de Dijon and Keck & Mithouard - Citizens¿ Rights Directive - Workers, establishment and services - Public policy; public service employment; official authority - Imperative reasons in the public interest - Rights of citizenship of the Union - Area of Freedom, Security and Justice; Schengen - Capital - General principles of EU law: the EU Charter of Fundamental Rights; the place of the European Convention in EU law - Familiarity with the Union¿s agricultural, monetary, social (especially sex discrimination) and external commercial policies
- 2. Subject-specific Skills: By the end of the course, students should be able to: - use sources that are up-to-date from paper and electronic repositories - use sources (primary and secondary) that are appropriate to the context - use recognised methods of citation and reference - use sources that are current at the point of assessment - navigate the Treaties and Union legislation with confidence - use sources to support arguments and conclusions - undertake independent research (both paper-based and electronic) in areas of law which he or she has not previously studied by using paper and electronic repositories to research new topics without reference to a reading list - identify accurately the issue(s) which require researching and formulate them clearly
- 3. General Transferable Intellectual Skills: By the end of the course, students should be able to: - recognise, analyse and rank arguments and evidence in terms of relevance and importance by: - managing volume of legal sources and select key material to construct written or oral answers to a problem. - identifying the legal problem from information provided. - addressing problems by reference to relevant material. - bringing together and integrating information and materials from a variety of different sources. - acknowledging ranking of sources and relative impact in context. - application of the law and problem-solving in a legal context. - presenting arguments for and against propositions. - be aware that arguments require to be supported by evidence, in order to meet legal requirements of proof by showing awareness of the need for evidence to support arguments - apply knowledge and analysis - in a legal context - creatively to complex situations in order to provide arguable solutions to concrete problems by presenting a range of viable options from a set of facts and law. - think critically and make critical judgements on the relative and absolute merits of particular arguments and solutions -act independently in planning and undertaking tasks in areas of law which he or she has already studied - reflect on his or her own learning, and to seek and make use of feedback
- 4. Key Personal Skills: By the end of the course, students should be able to: - communicate both orally and in writing (and, where appropriate, by the use of electronic means) using the English language accurately by: o creating work in a permanent format which is understandable by the intended audience o create documents which are analytical, descriptive and inquisitive. - use language proficiently in relation to legal matters by: o using appropriate legal terminology in all work. o using recognised methods of citation and reference - communicate information (including discussing technical and complex legal materials), ideas, advice and choices in an effective manner appropriate to the context, individually or with others by: o listening and questioning effectively. o giving and receiving feedback and responding effectively to others. o ensuring that all communications (either face-to-face or in permanent form) are succinct without losing focus on key issues or information. o communicating in plain English, with legal terminology only as needed. o contributing effectively to group work. - demonstrate an ability to organise and prioritise effectively the expenditure of his or her time and effort in the performance of all aspects of student work - produce and present in an appropriate form a word-processed essay or other appropriate format - conduct efficient searches of websites to locate relevant information; and exchange documents by e-mail.
- 5. Subject-specific Legal and Ethical Values: By the end of the course, students should be able to: - display informed knowledge and understanding of the transnational political, economic and social contexts in which EU law operates by demonstrating legal knowledge in association with related policy, underlying social and economic conditions, professional ethical issues, and moral issues - display critical thinking about EU law and its place in European society by showing awareness of the historical and latter context of its formation, the relationship between EU law and cognate disciplines, and the cosmopolitan culture it serves.
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Additional Information
| Graduate Attributes and Skills |
Not entered |
| Keywords | EU Law B |
Contacts
| Course organiser | Dr Robert Lane
Tel: (0131 6)50 2039
Email: Robert.Lane@ed.ac.uk |
Course secretary | Ms Krystal Hanley
Tel: (0131 6)50 2056
Email: Krystal.Hanley@ed.ac.uk |
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