EU Constitutional Law and Governance
MODULE CODE
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Module Aims
Aim 1
The aim of this module is to provide the students with a solid grounding in the most relevant aspects of constitutional and institutional law of the EU and the internal and external governance of the EU. This module will consider the theoretical and legal background to the formation and development of the European Union up to today in a global context, including through a review of the amending Treaties up to the Treaty of Lisbon and of the enlargement process to date. Union institutions, legislation and governance, the relationship between EU law and the national law of the member states will also be examined. The module will conclude with emphasis on the judicial process, grounds for review and remedies.
Module Content
- Reasons for the establishment and evolution of the EU in a legal and political global context; development of the EU Treaties.
- The building of the EU legal order and international law.
- Internal and external governance: institutions, structure and powers.
- Law and policy making in the EU; instruments and systems of governance.
- The EU’s capacity, powers and competences under the EU Treaties: conferral of powers and principle of subsidiarity.
- Relationship between EU law and national law; supremacy and sovereignty: political and legal problems; role of the Court of Justice of the EU.
- Sources of law in the EU legal order; the nature of EU Law: direct applicability and direct effect.
- The application of EU law: Member State liability and remedies in national courts.
- Preliminary references and the building of a European judicial system.
- Challenging Union Acts: review of legality; the liability of the EU and future prospects.
Learning Outcomes
On successful completion of this module, a student will be able to:
Teaching Methods
Preparation for the online workshops will involve extensive research and reading, to consider and critically analyse the set topics and the discussion questions, set in advance, arising from those topics. Students are expected to prepare answers to the discussion questions and present these to, and discuss with, the workshop tutor and group in the context of synchronous and / or asynchronous discussions. In addition to the skills of analysis and research, students are expected to develop and apply skills of analytical discussion, oral expression and writing. Students will engage with other students and staff in online activities, and synchronous and asynchronous workshops, to consider and critically analyse particular sources and engage in discussion leading to development of these skills.
The synchronous and asynchronous workshops also give students the opportunity to synthesise in a more dynamic way the independent learning already undertaken and apply principles from various themes
covered in the workshop activity sheets. The final workshop will take place two-weeks before the submission deadline for coursework and run as a revision session.
Assessment Methods
This module is assessed through one Written Assessment and one Written Exam.
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Compulsory
