| CODE | ECL5106 | ||||||||
| TITLE | European Union Constitutional Law | ||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||||
| MQF LEVEL | 7 | ||||||||
| ECTS CREDITS | 5 | ||||||||
| DEPARTMENT | European and Comparative Law | ||||||||
| DESCRIPTION | The study-unit will run for one semester. It will assume a knowledge of the fundamental doctrines and principles of E.U. Law. It will cover the main constitutional issues which were raised by the creation of the E.U. but in a re-formed way in the light of the development of the Constitutional acquis. The main part of the study-unit will chart the evolution of this acquis also through the iter of the Draft Constitution for the European Union, through to the Constitutional treaty and latterly the Lisbon Treaty. Study-Unit Aims: EU Constitutional law will encourage the students to analyze, from the legal perspective but also against the political and economic backdrop in Europe as well as the process of European Integration, the principal constitutional issues, including supremacy of Union law, Union and member state competences, the relationship between European and National Member state law, human rights protection in Europe, the institutions and institutional balance, the role of national parliaments, constitutional principles and values, and the impact of EU membership on national Constitutions. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will more fully understand the relationship between EU Law and national law, and more particularly the thinking of the European Court of Justice, as well as the relationship between the European Court of Justice and national supreme courts. They will understand both the theory and the practice of European Constitutional law. Through the various debates in the academic literature on the nature of the Union and that of European Law, they will come to understand the various approaches taken by the various Member States to the constitutional questions posed by Membership of the Union. 2. Skills: By the end of the stud-unit, students will be able to articulate any conflict problems that arise and advise on such constitutional questions. They will become familiar with the general principles and their application by the Court of Justice of the Union and national courts. They will also become familiar in outline with some specific policy areas such as External Affairs and Foreign Policy from the Constitutional perspective, and the interpretation and application of the Charter of Fundamental Rights. Main Text/s and any supplementary readings: Main Texts: - K. Lenaerts, P. Van Nuffel, T.Corthaut, EU Constitutional Law (Oxford University Press, 2021). - A. Rosas – L. Armati, EU Constitutional Law (Bloomsbury Publishing, 2018). - R. Schütze, European Constitutional Law, 2nd Edition (Cambridge University Press 2015). - A.Verhoeven, The European Union in Search of a Democratic and Constitutional Theory (Kluwer, 2002). |
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| STUDY-UNIT TYPE | Lecture | ||||||||
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2024/5. It may be subject to change in subsequent years. |
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