730-374 European Union Law

Credit Points

Coordinator

Prerequisites

Torts and the Process of Law; History and Philosophy of Law. It would be advantageous for students to undertake Introduction to European Civil Law.

Semester

Contact

Subject Description

This subject looks at contemporary legal developments at the supra-national level of the European Union. Because of the incremental nature of the European integration process, the course starts with a discussion of the historical formation of the ECSC (European Coal and Steel Community), the EEC (European Economic Community), and EURATOM (European Atomic Energy Community). It will be stressed that the European Union has its roots squarely in the legal family of the civil law, and this is reflected in the structure and operation. The origins and objectives of the European Union: the European Coal and Steel Community, the European Economic Community, and the European Atomic Energy Community; the basic principles of the European Community Treaties. The Institutional Structure of the Union: the composition of the various Community bodies: the Council of the European Union, the Commission, the European Parliament; the European Union Court of Justice; and various auxiliary bodies; the inter-action between these institutions in the law-making process of the Union. The formal sources of Union Law: the role of the Treaty in its relation to the tradition of code-based law in the six founding members of the Union. Issues of Implementation and enforcement: actions before and the procedure in the Court of Justice and the Court of First Instance. Substantive Union Law: the Four Freedoms: free movement of goods, persons, services and capital. Selective Issues. External Relations of the Union: the relationship between the Union and GATT; the relationship between the Union and EFTA; relations with Australia. The future of the Union.

Assessment

Either a Research Assignment 5000 words (100%) or Final Exam 3 hours (100%); OR Research Assignment 3000 words (60%) and Final Exam 11/2 hours (40%).

Prescribed Texts

Printed Materials will be issued by the Law School.