In
this course you gain an insight into the way in which the law of the
European Union (European Community law) impacts upon the business
community at a national level.
The
European Union now represents a vast market and a window of opportunity
for UK business and commerce. The basic principles which underpin the
European Union are well known - the freedom of movement of capital, goods,
services and people. What is less well understood is how the European
Union has achieved these objectives by the emergence of a new legal order
binding on Member States, with much of the impetus coming from the
case-law of the Court of Justice of the European Community.
The
aim of this course is that you should understand how the European Union uses
the law as the medium by which it achieves those objectives.
To
this end you will study
-
the emergence
of the European Economic Community
-
how the
European Union is administered/governed by the four main institutions
-
the sources
and general principles of the European Community law
-
how European
Community law is integrated at a national level
-
the
contributions of the Court of Justice to this process
-
how European
community law is enforced at both a national and European level.
Section
One: The Development of the European Community
Introduction and history
The Treaty of Rome
The four main institutions
The Treaty of Maastricht
Terminology
Summary of section one
Section Two: The
Functions of the Institutions
The role of the institutions
Inter-relationship of the
institutions
Recent changes
Summary of section two
Section Three: The
Sources of European Community Law
Transformation of European
Community
law into English law
The enacted sources of
European
Community law
The general principles of EC
law
Modes of interpretation
Summary of section three
Section Four: The
Integration of European Community Law at a National
Level
Supremacy of European
Community law
Direct effect
Indirect effect of EC law
State liability for
non-compliance with EC law
Summary of section four
Section Five:
Enforcement of European Community Law at a European
Level
Introduction
Control of the institutions
The action for failure to
act
The plea of illegality
The action for damages
Control of Member States
The preliminary reference
procedure
Comment
Summary of section five
Unit 5: additional questions
Additional questions:
guidance
Further reading
Tutor-marked Question Paper
