LAW41930 Advanced EU Constitutional Law

Academic Year 2022/2023

The aim of this module is to give students a grounding in the institutional and constitutional framework of the European Union. European Union law is first put in its historical framework by considering the constitutional evolution of the European Union, including an analysis of the impact of the Treaty of Lisbon. The law relating to the institutions as this stands post-Lisbon is then analysed in some detail, beginning with the the political institutions (including analysis of the legislative process at European Union level). The institutional structure and operation of the Court of Justice of the European Union are also examined, as are the forms of litigation which come before the Court.

Various sources of European Union law are looked at: including Treaty articles, secondary legislation and general principles (including fundamental rights). The great doctrines of European Union law, such as the autonomy of European Union law, supremacy, direct effect, the interpretive obligation and state liability are looked at. European Union citizenship is also examined.

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Curricular information is subject to change

Learning Outcomes:

By the end of the module, the diligent student should (i) be familiar with and adept at using the technical terminology employed in European Union law; (ii) be familiar with the constitutional evolution of the Union, as well as its institutional structure and the operation of both its legislative and judicial processes; (iii) be familiar with the sources of Union law; (iv) understand the major doctrines of EU law and be familiar both with their significance, the case-law concerning them and the main controversies or difficulties associated with them; (v) have been exposed to EU citizenship law and (vi) have experienced learning both in large classes and working in small groups (seminars).


Indicative Module Content:


1. THE CONSTITUTIONAL EVOLUTION OF THE EUROPEAN UNION - THIS MAY INCLUDE THE LAW OF THE EUROZONE AND/OR BREXIT
2. THE INSTITUTIONS OF THE EUROPEAN UNION I - THE POLITICAL INSTITUTIONS
3. THE LEGISLATIVE PROCESS AT EUROPEAN UNION LEVEL
4. THE INSTITUTIONS OF THE EUROPEAN UNION II - THE EUROPEAN COURT OF JUSTICE
5. LITIGATION IN THE EUROPEAN UNION
6. SOURCES OF EUROPEAN UNION LAW I - SECONDARY LEGISLATION
7. SOURCES O F EUROPEAN UNION LAW II- GENERAL PRINCIPLES
8. GREAT DOCTRINES OF EUROPEAN UNION LAW I: AUTONOMY, DIRECT EFFECT, SUPREMACY
9. GREAT DOCTRINES OF EUROPEAN UNION LAW II: STATE LIABILITY, INTERPRETATIVE OBLIGATION
10. CITIZENSHIP OF THE EUROPEAN UNION
11. THE PROTECTION OF FUNDAMENTAL RIGHTS IN THE EUROPEAN UNION
12. THE ABSORPTION OF EUROPEAN UNION LAW INTO IRISH LAW

Student Effort Hours: 
Student Effort Type Hours
Autonomous Student Learning

100

Lectures

24

Seminar (or Webinar)

8

Total

132

Approaches to Teaching and Learning:
The key teaching and learning approaches used in the module include delivery of the main aspects of the course using lectures and associated student reading of legal provisions, articles and cases, plus formative problem resolution based on students working on problems, questions and/or articles assigned to them in tutorials. 
Requirements, Exclusions and Recommendations

Not applicable to this module.


Module Requisites and Incompatibles
Incompatibles:
LAW20330 - EU Constitutional Law, LAW40810 - Law in the EU: Theory&Practice


 
Assessment Strategy  
Description Timing Open Book Exam Component Scale Must Pass Component % of Final Grade
Examination: Written examination (2 hour) 2 hour End of Trimester Exam No Graded No

90

Attendance: 10% of the grade in this subject is to be awarded for tutorial participation which may include the fulfilment of any written work assigned during or for the purposes of tutorials. Throughout the Trimester n/a Graded No

10


Carry forward of passed components
Yes
 
Resit In Terminal Exam
Spring Yes - 2 Hour
Please see Student Jargon Buster for more information about remediation types and timing. 
Feedback Strategy/Strategies

• Group/class feedback, post-assessment

How will my Feedback be Delivered?

An explanation of what was being looked for in the examination question will be posted on Brightspace in the wake of the examination so that students will gain a better understanding of their grade.

Timetabling information is displayed only for guidance purposes, relates to the current Academic Year only and is subject to change.
 
Autumn
     
Lecture Offering 1 Week(s) - 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12 Fri 13:00 - 14:50
Seminar Offering 1 Week(s) - 3 Mon 11:00 - 12:50
Seminar Offering 1 Week(s) - 5, 9, 11 Wed 11:00 - 12:50
Autumn