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Module Code - Title:

LA4033 - LAW OF THE EUROPEAN UNION 1

Year Last Offered:

2023/4

Hours Per Week:

Lecture

2

Lab

0

Tutorial

1

Other

0

Private

0

Credits

6

Grading Type:

Prerequisite Modules:

Rationale and Purpose of the Module:

The aim of the module is to equip the student with an understanding and knowledge of the basic principles and rules of the European Union, including: the origins and character of European Union law, beginning with the three original Community Treaties, developments from the 1960s up to the Lisbon Treaty. Each of the Institutions will be examined: Parliament, Commission, Council, European Council, Court of Auditors, European Central Bank and the Court system. Sources of law-Primary (Treaties), Secondary (Regulations, Directives etc), Case law of the Court of Justice of the European Union. Enforcement of EU law-Infringement proceedings (Article 258), proceedings for failure to act (Article 265), proceedings for failure to fulfil an obligation (Article 259); Preliminary references-Article 267; Legislative process-role of the institutions, Relationship between EU Law and national law-Supremacy and Direct Effect; Development of Human rights and the effect of EC/EU membership on Ireland.

Syllabus:

The module covers, in the first instance, the history of the European Communities and the various Treaty amendments up to the Treaty of Lisbon. The module proceeds to consider the role, function and legislation powers of the Commission, Parliament and Council. The module will also examine the European Council, the Court of Auditors and the European Central Bank. The Court system and the types of actions heard by the Court of Justice, the General Court and the Civil Service Tribunal will also be covered. The new legislative procedures, the ordinary legislative procedure and the special legislative procedure as introduced by Lisbon will be examined. The development of human rights and the principles of direct effect and supremacy will be considered. Finally, the evolution and impact of membership of the EC and EU on Ireland will be examined.

Learning Outcomes:

Cognitive (Knowledge, Understanding, Application, Analysis, Evaluation, Synthesis)

Make reasoned judgements and demonstrate a capacity for independent thinking Demonstrate an ability to synthesise information provided during teaching, and through students own study and research activities Comprehend recent and key changes introduced by the Treaty of Lisbon that affect the way in which the European Institutions carry out their respective functions Appreciate the historical context which led to the establishment of the European Communities in the 1950s and the emergence of the European Union in 1992 Identify the distinctive contribution of each of the European treaties since 1958 to the current European treaties and the establishment of the European Communities and Union Compare and contrast key principles of public international law and the unique European legal order Explain the contributions of each of the institutional players involved in the inter-institutional balance reflected in policy development and the legislative process.

Affective (Attitudes and Values)

Understand the complex relationship between the different European Institutions Analyse the changes introduced by amending Treaties Analyse the effect of EC and EU membership on Ireland Appraise the contribution of the judicial architecture (in particular the Court of Justice) to the development of the unique European legal order.

Psychomotor (Physical Skills)

N/A

How the Module will be Taught and what will be the Learning Experiences of the Students:

Research Findings Incorporated in to the Syllabus (If Relevant):

Prime Texts:

Fairhurst, J. (2010) Law of the European Union (8th ed.) , Essex: Pearson
Carolan, B. (2009) EU Law for Students in Ireland (2nd ed) , Dublin: Gill and MacMillan
Chalmers, D., Monti, G. and Tomkins, A. (2010) European Union Law (2nd ed.) , Cambridge: Cambridge University Press
Craig, P. and De BĂșrca, G. (2007) EU Law Text, Cases, and Materials. (4th ed.) , Oxford University Press
Kaczorowska, A. (2009) European Union Law , London: Routledge-Cavendish

Other Relevant Texts:

Foster, N. (2009) Foster on EU Law (2nd ed.) , Oxford: Oxford University Press
Steiner, J. and Woods, L. (2009) Textbook on EC Law. (10th ed.) , London: Blackstone

Programme(s) in which this Module is Offered:

Semester - Year to be First Offered:

Module Leader:

Laura.Donnellan@ul.ie