LAW 7059 - European Union Law (PG)

North Terrace Campus - Trimester 2 - 2016

The European Union is one of Australia's major trading partners. European Union Law strongly impacts on the legal systems of its twenty-five Member States. It is important for Australian lawyers to understand how the legal system of the European Union operates in order to give advice on commercial transactions or other relations with the Union or any of its Member States. Furthermore, knowledge of EU law is today vital to comprehend the legal system of the United Kingdom. The course examines the legal, administrative and political structure of the European Union. The basic treaties on which the European Union is founded and current issues such as demands for treaty reform and the EU's enlargement will be considered. Specific topics covered will include the difference between the European Union and the European Communities; the institutional structure of the Union; law making in the EU; the impact of EU Law on the legal systems of the Member States and on individuals, especially the doctrines of direct effect, supremacy and state liability; the single market with the four basic market freedoms and the single currency; the external relations of the Union, especially with Australia; the future of the EU.

  • General Course Information
    Course Details
    Course Code LAW 7059
    Course European Union Law (PG)
    Coordinating Unit Adelaide Law School
    Term Trimester 2
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact Intensive
    Available for Study Abroad and Exchange Y
    Course Description The European Union is one of Australia's major trading partners. European Union Law strongly impacts on the legal systems of its twenty-five Member States. It is important for Australian lawyers to understand how the legal system of the European Union operates in order to give advice on commercial transactions or other relations with the Union or any of its Member States. Furthermore, knowledge of EU law is today vital to comprehend the legal system of the United Kingdom.
    The course examines the legal, administrative and political structure of the European Union. The basic treaties on which the European Union is founded and current issues such as demands for treaty reform and the EU's enlargement will be considered. Specific topics covered will include the difference between the European Union and the European Communities; the institutional structure of the Union; law making in the EU; the impact of EU Law on the legal systems of the Member States and on individuals, especially the doctrines of direct effect, supremacy and state liability; the single market with the four basic market freedoms and the single currency; the external relations of the Union, especially with Australia; the future of the EU.
    Course Staff

    Course Coordinator: Mrs Jessica Viven-Wilksch

    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes
    By the end of the course, students should be able to: 
    1.  identify and account for the current institutional and constitutional characteristics of the EU, especially in its Community pillar, and the unique character of this legal order.
    2. demonstrate a detailed knowledge of the legal rules applying in a number of core substantive areas, and account for their evolution. 
    3. demonstrate knowledge of the relationship between the EU and Australia.
    4. demonstrate an ability to situate their knowledge of EU law within the wider political, economic and social context, with such general contextual knowledge gained, at least in part, through independent, non-directed reading.
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1;3;4
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    1;2;4
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    2;3;4
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    3;4
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • Able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    4
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    2;3;4
  • Learning Resources
    Required Resources
    The main book for this course will be announced closer to the start of the course.  As the law changed considerably since the last edition, students are strongly advised to use the  latest editions and most recent copies of texbooks. 

    You will also need to refer to and study judgments of the European Court of Justice, along with the opinions of its Advocates General (an institution specific to EU law), in the original. These are best accessed via the European Court Reports (available in the library) or online via the ECJ’s website at www.curia.eu.int. You can access the EU’s legislation database, EURLEX, via the Europa website at www.europa.eu. This website will be a useful resource for you as well.


    Recommended Resources
    As complementary books,  I recommend

    • Craig, de Burca, EU Law – Texts, Cases and Materials (OUP, 6th ed, 2015).
    • Matt Harvey, Michale Longo, European Union Law, An Australian view (Lexis Nexis, 2008)
    • Margot Horspool, Matthew Humphreys, European Union law (OUP; 8th ed; 2014)
    • Catherine Barnard The substantive law of the EU: the four freedoms (OUP, 4th. ed, 2013)
    • Stephen Weatherill EU law: Cases and Materials (OUP, 11th ed, 2014)
    • Lorna Woods and Philippa Watson, Steiner & Woods EU Law (OUP 12th ed, 2014) 
    For additional reading, especially for essays, it can be recommended to have a look at the following:
    • Chalmers et al., European Union law : text and materials (CUP,3rd edition 2014)
    • K. Davies, Understanding European Union law (Routledge, 4th Ed. , 2011)
    • I. Ward A critical introduction to European law (CUP, 3rd edition, 2009)
    • T.C. Hartley, European Law in a Global Context (Cambridge University Press, 2004)
    Lecture handouts will indicate articles which may be particularly useful, and any good textbook will have a reading list. The most popular specialist journals on the topic are:
    • The European Law Review (ELR);
    • The Common Market Law Review (CMLR);
    • The European Law Journal (ELJ);
    • The Journal of Common Market Studies (JCMS).
    If you are preparing an essay or researching a topic in more depth, it is useful to flick through the latest editions of these. All four should be available on-line through the library.Students might also feel like they need a statute book, for example Blackstone’s EC Legislation 2014-2015. 

    Reports of cases heard in the European Courts and in Member State courts:


    • European Court Reports (ECR)
    • Common Market Law Reports (CMLR)
    • (both available in the Law Library)

    Selected Internet Resources

    • Eur-Lex: portal to European Union Law: http://europa.eu.int/eur-lex/en/index.html
    • EU news and archive: http://www.euobserver.com/
    • Homepage of the European Commission’s Delegation to Australia: http://www.delaus.cec.eu.int/home.htm
    • Further Internet references will be made available on the MyUni website.
    Online Learning
    MyUni is the entry point to online learning at The University of Adelaide: http://www.myuni.adelaide.edu.au./

    This course will use MyUni for announcements, display of PowerPoint slides, lecture outlines and any additional case and other material required to be read for seminars and assignment.This course will also require you to use MyUni for some assessment.

    Students are expected to check MyUni regularly and often to keep up to date with these materials and additional learning resources that will be made available throughout the course.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    This course will be taught intensively over the course of two two-day workshops. During these workshops, the course will be delivered in various ways, including lectures, seminars, students’ presentations and role play, in order to maximise students’ learning process. The purpose of the these activities is to allow active discussion and analysis of the material. While an important secondary purpose is to allow you to clarify certain issues, a good seminar will allow you to offer your own analysis and discussion of the topic.

    The purpose of the lectures is to introduce the legal rules and facts of the fields of European Law that we are studying and give a basic framework of the wider socio-economic issue surrounding this law. t is expected that students will have to study and read on top of the lectures either to prepare their oral presentation prior to the course or to work on their essay and problem question. 

    Digesting the lectures will be aided by reading the relevant textbook chapters and cases beforehand and afterwards, by taking notes and asking questions. Students need to engage in private study, besides the contact hours provided through the course, including some self-directed reading in books and articles not compulsory for lectures.


    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    Contact time: 2 two-day workshops.

    It is important to emphasise that lectures and seminars are the class contact hours only, and that this is a four-unit course. It is therefore necessary for students to allocate study time outside of class, including for the online learning activities.
    Learning Activities Summary
    A detailed summary of the timetables during the workshops will be posted on MyUni prior to the course beginning. Some of the topics covered will include: 

    • Terminology of EU Law
    • History of the EU
    • The Treaty Structure of the EU
    • Political and Judicial Institutions of the EU
    • Law Making in the EU and EU Legal Instruments
    • Judicial Review in the ECJ
    • Direct Effect
    • Supremacy
    • General Principles of Law
    • The Single Market EU Treaty Making Power and External Relations (with Emphasis on the Free Movement of Goods)
    Specific Course Requirements
    CONSULTATION AND COMMUNICATION

    Please check your student email and MyUni regularly as course-related announcements are communicated via MyUni.

    Jessica Viven-Wilksch

    Consultation times: by appointment
    Phone: 8303 4676
    Email: jessica.viven-wilksch@adelaide.edu.au 

     

  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary


    Assessment Task Task Type Due Length Weighting Learning Outcome Redeemable
    closed book exam summative

    17 June
    to be scheduled during workshop hours

    90 min 20% 1; 2 no
    Individual Research
    presentation
    Formative 

    18 June 2016

    20 min 20% 1;2 No
    Individual Research Essay Summative 24 June 2016 3000 words 20% 2; 3; 4 Yes
    Take home exam Summative 8am-10pm
    2500 words
    27 June 2016 40% 3; 4 Yes
     


    Assessment Detail
    Closed book exam
    This exam will take place in class on Friday 17 June 2016. This aspect of the assessment will provide students with feedback regarding their level of understanding of the course material and their research, written communication and critical thinking skills. Students will work individually to complete this assessment. The weighting of this assessment is 20% of the overall mark for EU law.

    Individual Oral presentation
    Students will be able to choose a topic to research and present on Friday 17 or Saturday 18 June 2016. Please note that students will need to submit their research essay topic for approval by the Course Coordinator by Wednesday 8 June 2016.

    Each presentation should not last longer than 20 minutes in total. The weighting of this assessment is 20% of the overall mark for EU law.

    Individual Research Essay
    Following the oral presentation, students will have to submit a research essay. The essay will need to take into consideration the feedback given following the presentation.

    The 3000 word paper will be submitted online (instructions will be provided on MyUni) by Friday 24 June 2016. The weighting of this assessment is 20% of the overall mark for EU law.

    The assignment must be written in prose style (using complete sentences), adhere to grammatical rules and use correct spelling. It should be typed in Times New Roman font, using double spaced paragraphs and at least 12pt font size, on one side of A4 paper. The pages must be numbered and the margins should be at least 2.5 cm wide. The essay should include a table of contents and a bibliography. Each paper must be clearly marked with the student’s University of Adelaide number. A word count should be noted on the cover sheet.


    Assessment Criteria
    o    use of resources in formulating the paper including proper acknowledgment and correct referencing
    o    overall presentation, including correct grammar, spelling and punctuation
    o    correct application of relevant material
    o    demonstrated understanding of relevant legal materials
    o    demonstrated understanding of the comparative law method
    o    evidence of comprehensive research and consideration of the relevant literature
    o    logical planning and sequence
    o    clarity of expression
    o    depth of analysis and level of critical examination of the issues raised
    o     level of insight and innovative thought

    Take home exam: Problem question
    This aspect of the assessment will provide students with feedback regarding their level of understanding of the course material and their research, and the application of principles seen in the course of the workshops. The objective of a problem question is for students to demonstrate:

    o    that you know the correct law in a situation and can apply it to the facts; and
    o    that you can, at appropriate times, exercise a measure of judgment as to what the applicable law is, rather than simply applying rules mechanistically.

    Students will work individually to complete an assignment, which will be due on Monday 27 June 2016, 10pm. Students will be given the question on MyUni. The 2500 paper will be submitted online (instructions will be provided on MyUni). The weighting of this assessment is 40% of the overall mark for EU law. The assignment must be written in prose style (using complete sentences), adhere to grammatical rules and use correct spelling. It should be typed in Times New Roman font, using double spaced paragraphs and at least 12pt font size, on one side of A4 paper. The pages must be numbered and the margins should be at least 2.5 cm wide. The essay should include a table of contents and a bibliography. Each paper must be clearly marked with the student’s University of Adelaide number. A word count should be noted on the cover sheet. 

    Assessment Criteria
    o     level of insight and innovative thought
    o     depth of analysis and level of critical examination of the issues raised
    o     clarity of expression
    o     logical planning and sequence
    o     evidence of comprehensive research and consideration of the relevant literature
    o     demonstrated understanding of the comparative law method
    o     demonstrated understanding of relevant legal materials
    o     correct application of relevant material
    o     overall presentation, including correct grammar, spelling and punctuation
    o     use of resources in formulating the paper including proper acknowledgment and correct referencing

    ASSIGNMENT GUIDELINES FOR REFERENCING
    All written work in the Law school is required to comply with, The Australian Guide to Legal Citation available on http://www.law.adelaide.edu.au/library/resources/style/. Hard copies of The Australian Guide to Legal Citation are on Reserve in the Law Library and can also be purchased from UniBooks. Please make sure you have looked at this before you submit any written work.
    Submission

    Electronic Submission

    Assignments must be handed in electronically by Turnitin. Students must ensure their student number appears on all written work submitted for assessment. Electronic copies of the assignment as handed in must be retained by students. Assignments will be returned electronically. It is also advisable to keep written work after it has been assessed and returned.

    Extensions


    Extensions are granted at the discretion of Course Coordinator. Extensions beyond the due date are usually only granted in the case of significant unforeseen incapacity.

    Students who wish to apply, should apply for an extension by completing the online Application for Extension form (found at http://www.adelaide.edu.au/student/exams/forms/medical-compassionate-application-form.pdf). The application must give details of the extent and length of the student’s incapacity, and the length of extension that is requested. The Course Coordinator will email students with the outcome of their request as soon as possible after it is received.

    If an extension is granted, it is only provisional until formal evidence of the incapacity is received. Students must attach this evidence as well as the email granting the extension to the assignment when it is submitted. The evidence submitted must be consistent with details provided in the email requesting the extension. If the details of the request for an extension, and the medical or other evidence verifying the reason for the extension are not consistent in all respects, the extension may be nullified, and the Course Coordinator may in their discretion decide not to accept the assignment, or impose a penalty for late submission.

    You can apply for an extension at any time before the due date for an assignment. However, you are strongly advised to make your application as soon as the need becomes apparent. Delay in making an application obviously involves the risk that there will be insufficient time to complete the assignment (with consequential loss of marks) if the application for extension is refused.

    If an application is made within one day of the due date, or after the due date has expired, it will not be granted unless the Course Co-ordinator is satisfied:
    • that the circumstances warrant an extension; and
    • there was no unreasonable delay in making the application.
    If your request for an extension is rejected, you can appeal in writing to the Student Appeals Committee, via the Secretary to the Student Appeals Committee, within seven days of notification of rejection by the Course Co-ordinator.


    Late Submission

    5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc. 


    Word Length

    Assignments which exceed the allocated length (word length or page limit) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie if a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated including all footnotes and headings within the text but excluding cover page information. Quotations and all referencing information are included in the word count.

    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    grade details available at http://www.adelaide.edu.au/policies/700?dsn=policy.document;field=data;id=5082;m=view  
     
    HD
    D
    C
    PASS
    FAIL
    General description
    Outstanding or exceptional work in terms of understanding, interpretation and presentation

    A very high
    standard of work
    which
    demonstrates
    originality and
    insight

    Demonstrates a
    high level of
    understanding and
    presentation and a
    degree of
    originality and
    insight
    Satisfies the
    minimum
    requirements
    Fails to satisfy the
    minimum
    requirements
    Reading
    Strong evidence of independent reading beyond core texts and materials Evidence of
    reading beyond
    core texts and
    materials
    Thorough
    understanding of
    core texts and
    materials
    Evidence of having
    read core texts
    and materials
    Very little evidence
    of having read any
    of the core texts
    and materials
    Knowledge of topic
    Demonstrates
    insight, awareness
    and understanding
    of deeper and
    more subtle
    aspects of the
    topic. Ability to consider topic in
    the broader
    context of the
    discipline
    Evidence of an
    awareness and
    understanding of
    deeper and more
    subtle aspects of
    the topic
    Sound knowledge
    of principles and
    concepts
    Knowledge of
    principles and
    concepts at least
    adequate to
    communicate
    intelligently in the
    topic and to serve as a basis for
    further study
    Scant knowledge
    of principles and
    concepts
    Articulation of argument
    Demonstrates
    imagination or flair.
    Demonstrates
    originality and
    independent
    thought
    Evidence of
    imagination or flair.
    Evidence of
    originality and
    independent
    thought
    Well-reasoned
    argument based
    on broad evidence
    Sound argument
    based on evidence
    Very little evidence
    of ability to
    construct coherent
    argument
    Analytical and evaluative skills
    Highly developed
    analytical and
    evaluative skills
    Clear evidence of
    analytical and
    evaluative skills
    Evidence of
    analytical and
    evaluative skills
    Some evidence of
    analytical and
    evaluative skills
    Very little evidence
    of analytical and
    evaluative skills
    Problem solving
    Ability to solve
    very challenging
    problems
    Ability to solve
    non-routine
    problems
    Ability to use and
    apply fundamental
    concepts and skills
    Adequate
    problem-solving
    skills
    Very little evidence
    of problem-solving
    skills
    Expression and presentation appropriate to the discipline
    Highly developed
    skills in expression
    and presentation.
    Well developed
    skills in expression
    and presentation.
    Good skills in
    expression and
    presentation.
    Accurate and
    consistent
    acknowledgement
    of sources.
    Adequate skills in
    expression and
    presentation Rudimentary skills
    in expression and
    presentation.
    Inaccurate and
    inconsistent
    acknowledgement
    of sources.
     

       



    Final results for this course will be made available through Access Adelaide.

  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    Practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/  

    Lex Salus Program

    Lex Salus was founded in 2013 by Adelaide Law School Wellbeing officers Ms Corinne Walding, Ms Kellie Toole and Dr Mark Giancaspro and . Lex Salus is an initiative of the Adelaide Law School aimed at raising law student awareness of the importance of mental, physical and nutritional health across all year levels of the degree, and of the various counselling, disability and equity services both within and outside the University that can provide help. Research shows that law students, both in Australia and in many jurisdictions around the world, experience the highest levels of stress, anxiety and depression out of any other discipline. Many do not get enough sleep, maintain a healthy diet or achieve a realistic work/life balance. Making matters worse, they are unwilling or afraid to speak up for fear of feeling 'weak' or because of the negative stigma that attaches to seeking help. Lex Salus is dedicated to tackling these problems head-on.

    Counselling Service

    The University Counselling Service provides a free and confidential service to all enrolled students. We encourage you to contact the Counselling service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. More information is available at https://www.adelaide.edu.au/counselling_centre/
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Plagiarism and other forms of cheating

    Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.

    Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.