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  Law Department


Department of Law
20 Lyddon Terrace
University of Leeds
LS2 9JT, UK

0113 233 5033
lawvls@leeds.ac.uk


European Community Law

LAW 2230 (for LLB students)

LAW 2231 (for non-LLB students and part-time LLB students)

LAW5770 (for LLM students)

 


Semester 1 and 2 - 20 credits

Pre-requisites or Co-requisities: None

Aims and objectives

This course aims to give students a thorough grounding in the constitutional and institutional foundations of the EU, and to introduce them to a number of essential topics of substantive law, chosen because of their centrality in the EU system and/or their intrinsic interest.

The general aims and objectives of the course are the following:

  • - to provide a foundational knowledge of the institutions and constitution of the European Union, building on existing knowledge where appropriate;
  • - to provide a sufficient knowledge of the core areas of EC substantive law (law of the single market; the individual and EC law);
  • - to develop the tools whereby students may identify relevant issues of EC law, and know how to begin analysing and researching them;
  • - to develop critical skills of analysis and interpretation in relation to the EU legal order, and EC law;
  • - to understand the key themes underpinning the role of law, legal institutions and legal actors in the European Union, viz.:
    • - law and the process and theories of European integration (socio-economic; political and monetary);
    • - law and political processes and power within the European Union, concentrating particularly on the role of the Court of Justice and the national courts, as well as on the political institutions and law-making processes of the EU;
    • - the impact of the EU legal order on the domestic legal orders of the Member States, and the interrelationship between legal orders operating at different levels;
The philosophy underlying the course is the importance of studying EC law and the EU legal order in its wider political and socio-economic context. Looking at the rules - whether of a legislative or a judicial nature - in isolation does not really help us to understand the unique character of the legal processes which are occurring at present at a supranational level in a large part of the continent of Europe. Hence, it will be essential for the completion of the course for students to keep abreast of more general developments regarding the EU, and all students will be required to participate in the collection of general media materials about the EU in the form of a groupwork assignment. In addition, those who are prepared to read more widely in the broader field of European studies are likely to complete the course most successfully.

Learning support arrangements

There will be 22 lectures and 18 seminars.

Outline syllabus

Introduction to the Institutions and Constitution of the EU, with a focus on:

  • historical overview of European integration;
  • constitutional principles of the European Union;
  • understanding the work of the institutions;
  • inter-institutional relationships;
  • the 'federal' character of the EU legal order;
  • enforcement in national courts and the relationship between EU law and national law, and between the competence of the EU and that of the Member States.


Introduction to the law of the internal market, with a focus on:

  • the provisions concerning free movement of goods, persons and services: convergence and divergence; the EU in a global trading order: external competence;
  • common commercial trade policy; customs union;
  • law-making in the internal market;


Introduction to flanking policies such as social and environmental policy, with a focus on their development, scope and effectiveness and their relationship to internal market and other policies.
 

Books and materials

In addition, EC law is a fast-moving area where it is essential to consult up-to-date works. For semester 1 in 1998/99, the course text book was Shaw, Law of the European Union, Macmillan, 1996. For Semester 2, the course book was Craig and de Búrca, EU Law, Oxford: Oxford University Press, 1998, second edition. Also useful are other standard textbook accounts (e.g. Weatherill and Beaumont, EC Law, 2nd Edition, 1996, Steiner and Woods, Textbook in EC Law, 6th Edition, 1998, or A. Evans, A Textbook on European Union Law, Hart Publishing, 1998) and Chalmers and Szyszczak, European Union Law, Ashgate, 1998 (two vols.), like Craig and de Búrca, a collection of texts, cases and complementary discussion. Students also need an up to date treaty/legislation book which they may use in the examination. The recommended books is Rudden and Wyatt, Basic Community Laws or Blackstone’s Legislation. A supplementary course book is J. Richardson (ed.), European Union: Power and Policy-making, Routledge, 1996. It is a complementary text, looking at the process of integration from a political science perspective and contains useful summaries of the essential themes and theories of integration as well as specific areas of policy. Students are also referred quite frequently to essays in Shaw and More (eds.), New Legal Dynamics of European Union, Oxford: Oxford University Press, 1995. Finally, students will find G. Glöckner et al, Guide to EU Policies, Blackstone, 1998, a useful starting point for looking at individual policy areas.

Assessment

For LAW2230:

Group work project (involving submission of a portfolio of document lists and resources and a 3,000 word commentary)
(33%) and 1 x 2 hour examination (67%).
.

For LAW5770:

Group work project (involving submission of a portfolio of document lists and resources and a 3,000 word commentary)
(25%), 1 x 1500 word problem question (25%) and 1 x 2 hour examination (50%)
 

For LAW2231:

Group work project (involving submission of a portfolio of document lists and resources and a 3,000 word commentary)
(33%) and 2 x 1500 word essay (33% each).
 

Course Co-ordinators: Professor Louise Ackers and Dr. Chloe Wallace

Inquiries can be made by e-mail to H.L.Ackers@leeds.ac.uk or C.J.Wallace@leeds.ac.uk



 

 
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