Postgraduate Course: Judicial Protection in the European Union: A Comparative Framework (LAWS11507)
Course Outline
| School | School of Law |
College | College of Arts, Humanities and Social Sciences |
| Credit level (Normal year taken) | SCQF Level 11 (Postgraduate) |
Availability | Available to all students |
| SCQF Credits | 20 |
ECTS Credits | 10 |
| Summary | A study of the judicial recognition and enforcement of legal rights stemming from EU law, with significant reference to the manner in which similar issues arise and are dealt with in other legal systems. |
| Course description |
The European Court of Justice asserts frequently that the European Union is a system based upon the rule of law. The propose of the course is to study in depth the judicial recognition and enforcement of legal rights in EU law, with significant reference to the manner in which similar issues arise and are dealt with in other legal systems, and see if the claim can be substantiated.
Issues will include:
- avenues of judicial review in EU law; compatible with Article 6 ECHR?
- a proper analysis of the grounds of Article 263
- access to courts; is there consistently a gesetzlicher Richter?
- how 'federal' is the EU, and the thinking of the ECJ? What is the EU Grundnorm? Has the Court overstepped the authority of international treaties?
- does the Court give carte blanche to the EU institutions?
- have the remedies recognised by the Court of Justice any real basis in law?
- is the declaratory power under Article 264 compatible with any known division of powers?
- judicial autonomy of national courts; does the Court require too much of them?
- is there/ought there to be a common front amongst the constitutional courts of the member states? How can the Court of Justice cope with rebellion from them?
- independence of the judiciary: the threat from Prawo i Sprawiedliwo/ Orbán/Netanyahu; Juízes Portugueses; l'Europe des juges
- damages as a public law/private law remedy
- whence/what value the general principles of law?
- reception of Convention/Charters of Fundamental Rights; the constitutional variable judicial geometry of EU accession to the ECHR
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Entry Requirements (not applicable to Visiting Students)
| Pre-requisites |
|
Co-requisites | |
| Prohibited Combinations | |
Other requirements | None |
Information for Visiting Students
| Pre-requisites | None |
| High Demand Course? |
Yes |
Course Delivery Information
|
| Academic year 2023/24, Available to all students (SV1)
|
Quota: 25 |
| Course Start |
Semester 1 |
Timetable |
Timetable |
| Learning and Teaching activities (Further Info) |
Total Hours:
200
(
Seminar/Tutorial Hours 20,
Programme Level Learning and Teaching Hours 4,
Directed Learning and Independent Learning Hours
176 )
|
| Assessment (Further Info) |
Written Exam
0 %,
Coursework
100 %,
Practical Exam
0 %
|
| Additional Information (Assessment) |
1 5000 word essay worth 100% of the course grade. |
| Feedback |
There will be a formative assessment made available in Week 5, to be returned within a fortnight. Copious written feedback will follow, upon an individual basis |
| No Exam Information |
Learning Outcomes
On completion of this course, the student will be able to:
- have an excellent grasp of the structure, the jurisdiction, the methods and the work of the European Court of Justice.
- quickly to locate and understand primary EU and ECJ materials
- have a deep understanding of methods and limits of judicial control in EU law and in related issues in legal systems both within and without the EU.
- be able critically to assess the Court of Justice as a key institution in, and its contribution to, the European project.
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Reading List
| None. Virtually all of the reading will be legislation and case law in the public domain (and available from the internet). |
Additional Information
| Graduate Attributes and Skills |
The issues addressed and determined by the Court of Justice are myriad. Certainly the EU would be a very different organism but for its work. But its legal logic is sometimes unconvincing. The leitmotif of the course will be one of solving the issues with which it has wrestled but doing so reflectively and critically, with the advantage of comparative analysis. Thus will the student acquire a more broadly based understanding of the issues and an ability better to analyse the success , or not, of the Court¿s contribution. |
| Keywords | EU law; European Court of Justice; judicial review |
Contacts
| Course organiser | Dr Robert Lane
Tel: (0131 6)50 2039
Email: Robert.Lane@ed.ac.uk |
Course secretary | |
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