Module LAW2081: THE EUROPEAN INTERNAL MARKET AND ITS CITIZENS

Department: Law

LAW2081: THE EUROPEAN INTERNAL MARKET AND ITS CITIZENS

Prerequisites

• Both (1) either The Law of Obligations (LAW1023) OR Legal Skills (LAW 1041) and Law of Torts (1051) and Contract Law (LAW 1071); and (2) either Public Law (LAW 1013) or Legal Skills (LAW 1041) and EU Constitutional Law (LAW 1061) and The Individual and the State (LAW 1081) and UK Constitutional Law (LAW 1091).

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 provide an in-depth analysis of Union citizenship
• To examine the development of the basic freedoms in EC legislation and European Court of Justice case law
• 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 examines the free movement of goods, Union citizenship, the free movement of workers, freedom of establishment, the free movement services, the free movement of capital. It also places the free movement provisions in the constitutional context, focusing on their impact on the regulatory autonomy of the Member States and on the doctrinal frameworks elaborated to justify the Court's case law.
• 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: historical perspective
• Union citizenship, right to reside, right to equal treatment and beyond
• Free movement of workers
• Freedom of establishment
• Freedom to provide services
• Free movement of capital
• Relationship between negative and positive integration

Learning Outcomes

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

• 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
• Summative assessment comprises one unseen examination of two hours fifteen minutes including fifteen minutes reading time (67%) and an assessed essay (33%). The examination tests the ability to focus on relevant legal issues and organise knowledge and argument appropriate to questions raised. The examination questions will provide the means for students to demonstrate the acquisition of subject knowledge and the development of their problem-solving skills. 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