LW588/614 Public Law 1. Co-requisite with LW592.
Incoming Erasmus and international students reading law at KLS for a term or more may take this module.
Only available to Law students, or those taking Politics and Law or Psychology and Law .
OverviewThis module will build on the knowledge that students will have acquired in Public Law 1, where they have been provided with an introduction to the history of the EU, the main institutions of the EU and some key constitutional issues arising from the principle of supremacy of EU law from a UK legal perspective (e.g. impact on national parliamentary sovereignty). Consequently, this module will develop student learning by focusing instead on related and non-related foundational legal aspects of EU law not addressed or only partially addressed in Public 1, including notably the core areas of substantive law of the EU common market, especially free movement of goods and persons. Where relevant, the material will be related back and compared to the relevant rules in the English legal system that the students have studied, e.g. judicial review and protection of fundamental rights.
The coverage of fundamental areas of the institutional, constitutional and administrative legal framework of the European Union in this module will build on the introduction to the EU provided in Public Law 1, and will focus on more advanced aspects. The following contains an indicative list of EU law topics addressed in this module, (taking into account that this list may be subject to amendment or be re-ordered in any given academic year for pedagogical-related reasons):
• Introduction: Evolution of the EU's institutional and legal framework
• Foundational legal principles of EU Law: direct effect, supremacy, preliminary ruling procedure
• EU single market law: notably, the free movement of goods and persons (migrant workers, self-employed and businesses)
• Individual rights under EU Law: fundamental rights and the EU, EU Citizenship
This module appears in:
20 hours of lectures; 10 hours of seminars (approximately)
Method of assessment
50% written examination, 50% coursework consisting of 1 essay and 10% oral presentation (this must be passed in order to pass the module). Incoming Erasmus/International students at Kent for the autumn term only have a specific assessment pattern of 100% coursework of two essays and an oral presentation.
I Ward A Critical Introduction to European Law (Cambridge, 3rd ed, 2009)
E Bomberg J Peterson and R Corbett (eds) The EU - How Does it work? (Oxford, 3rd ed, 2012)
H Young This Blessed Plot - Britain and Europe from Churchill to Blair (Papermac 1999)
K Davies Understanding EU law, 65th edn (Routledge 2015)
D Dinan, Origins and evolution of the EU 2nd ed (2014 Oxford)
S Holland, Europe in Question (2015, Spokesman)
D Urwin, The Community of Europe: A History of European Integration since 1945 2nd ed (Longman, 1994)
S Wall, A Stranger in Europe: Britain and the EU from Thatcher to Blair (Oxford, 2008)
A Wiener/T. Diez, European Integration Theory 2nd ed (2009, Oxford)
On successfully completing the module students will be able to:
1. Demonstrate a systematic knowledge and understanding of the key aspects of the legal framework of the European Union (EU) building on teaching provided during Stage 1 (such as in LAWS5880 Public Law 1 and LAWS3270 English Legal System and Skills).
2. Demonstrate a detailed and coherent understanding of the main foundational legal principles pertaining to the law of the EU, in particular those relevant to the application of EU law at national level.
3. Demonstrate a detailed and coherent understanding of how EU rules differ in comparison with traditional rules of law underpinning the English legal system.
4. Demonstrate a detailed and coherent understanding of selected substantive rules of the EU's inter-statal trading arrangements, in particular taking account of their relevance to the UK.
5. Critically reflect on selected issues surrounding the socio-economic context of the single market rules.
6. An ability to read, understand and evaluate legislative and judicial documents as well as commentaries relevant to EU law, including the case-law of the Court of Justice of the European Union (CJEU).