Module LAW2081: EC I - LAW OF THE SINGLE EUROPEAN MARKET

Department: LAW

LAW2081: EC I - LAW OF THE SINGLE EUROPEAN MARKET

Prerequisites

• Public Law (LAW1013) AND The Law of Obligations (LAW1023).

Corequisites

• None.

Excluded Combination of Modules

• None.

Aims

• To explore the legal, political and economic foundations of the Single European Market
• To provide an in depth analysis of the free movement of goods, persons, services and capital within the Single European Market
• To examine the development of the basic freedoms in EC legislation and European Court of Justice case law
• To set the Single European Market in context by examining the Common Commercial Policy, the common rules on Immigration and Asylum and the Economic and Monetary Union
• To examine the position of the Single European Market in the evolving European Constitution.

Content

• The module examines the law governing the free movement of goods, persons, services and capital. It complements the analysis with the exploration of the Common Commercial Policy, the common rules on Immigration and Asylum and Economic and Monetary Union.
• The module is divided into five parts examining the free movement of goods, persons, services, capital and the Common Commercial Policy preceded by an introduction to substantive EU law and a historic account of the evolution of the Single European Market and followed by an evaluation of the Single European Market against the current constitutional developments.
• More specifically, the structure goes as follows:
• Introduction to substantive EU law
• Evolution of the Single European Market
• The free movement of goods: fiscal barriers to trade; non-fiscal barriers to trade; harmonisation
• The free movement of persons: free movement of workers; immigration, asylum and third country nationals; European citizenship; freedom of establishment; harmonisation
• Freedom to provide services: harmonisation
• Free movement of capital: Economic and Monetary Union
• The Common Commercial Policy
• The European Constitution and the future of the internal market
• The analysis is more detailed in goods and persons as they have been the subject of extensive case law from the foundational years of the Union to date and they bear enhanced theoretical and practical interest.

Learning Outcomes

• Students should be able to:
• Understand the principal legal underpinnings of the Single European Market.

• Students should be able to:
• Interpret, analyse and apply the relevant Treaty provisions in the light of the European Court of Justice case law
• Assess how Single European Market law is applied in national legal systems and appreciate its impact
• Question the existing law and engage in informed debate for its reform in the light of the constitutional developments of the European Union.

• Students should be able to:
• Work independently and undertake research in the field of the Law of the Single European Market
• demonstrate developed research and writing skills
• Take responsibility for their own learning.

Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module

• Lectures are used primarily to impart knowledge - and also to suggest approaches to evaluation and critical analysis;
• Tutorials will be used to develop and enhance students capacity for legal-problem solving in a particular factual situation, evaluative critical analysis and their appreciation of laws' linkage with broader fields of enquiry;
• Learning, teaching and assessment will be in constructive alignment with exam questions and essay topics specifically directed towards assessing all the intended learning outcomes;
• Guidelines towards developing students' research and writing skills and research methodology in the field of European substantive law shall be provided;
• Individual and collective feedback shall be delivered on the formative essay so as to prepare the students for the summative assignment;
• Students will be facilitated in gradually taking responsibility for their own learning in a well orchestrated manner;
• Ongoing guidance and support shall be available either in person or by electronic means;
• Summative assessment comprises one unseen examination of two hours fifteen minutes including fifteen minutes reading time (67%) and an assessed essay (33%). In the examination students are given a choice of questions to answer, but the paper is structured in such a way as to assess students on the specific subject knowledge and subject specific skills. In particular, students are required to answer both problem and essay type questions: the former primarily assessing knowledge and analysis of specific factual situations raising key legal issues; the latter primarily assess knowledge, evaluative capacity and an awareness of placing the analysis of law in wider contexts of enquiry. The assessed essay will assess students ability to undertake independent, substantive research in the field of the Law of Single European Market, their research and writing skills and the ability to take responsibility for their own learning.

Teaching Methods and Learning Hours

Summative Assessment

Formative Assessment:

Michaelmas Term: 1 essay, 2,000 words.

■ Attendance at all activities marked with this symbol will be monitored. Students who fail to attend these activities, or to complete the summative or formative assessment specified above, will be subject to the procedures defined in the University's General Regulation V, and may be required to leave the University