This module is designed to provide students with an overview of the workings of the European Union, and the implications of Ireland’s membership thereof. The module is fundamentally concerned with the Institutions and Constitutional law of the European Union and with the substantive law of the Union (especially the free movement of goods and persons).
Introduction to European Law
• Background to the establishment and development of the European Communities and of the European Union: the history and legal foundations of the E.U.• The Treaties of the E.U.• The Institutions (focusing on the Court of Justice and General Court)• The sources and types of E.U. law
The relationship between European and National law
• Supremacy as matter of European law• Supremacy in different member states, including Ireland• Direct Effect: Criteria• Direct Effect of different types of law• Horizontal and Vertical Direct Effect; Indirect Effect
Enforcement of European Law at national level
• Preliminary References• Remedies for violation of European Law• Enforcement Actions• Implementation of European law at national level• The Relationship between the Irish Constitution and European Union Law
General Principles of Law
• Fundamental Human Rights• Equality• Legal Certainty• Proportionality• Procedural Rights• Legitimate Expectations• Subsidiarity
Judicial Review of European Law
• Reviewable Acts• Standing and Privileged Applicants• Grounds for and effects of annulment
Free Movement of Goods
• Customs Duties and Internal Taxation and Measures having Equivalent Effect• Quantitative Restrictions and Measures having Equivalent Effect• Limitations and Derogations
Free Movement of Persons
• Free Movement of EU Citizens• Free Movement of Workers• Limitations and Derogations
The module will be delivered through lectures and periodic, problem-solving tutorials. Students will be furnished with tutorial problems and asked to research it in advance of the tutorial. Small groups may make presentations in the tutorial, in simulated situations resembling courtroom arguments or client advice sessions.
| Module Content & Assessment | |
|---|---|
| Assessment Breakdown | % |
| Formal Examination | 70 |
| Other Assessment(s) | 30 |