The University of New South Wales

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Postgraduate Handbook

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European Union: Institutions and Legal Systems - LAWS4151
 Law Books

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.16667 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be either 9200, 9210, 5740 or 9230
 
 
Fee Band: 1 (more info)
 
 
Further Information: See Class Timetable
 
  

Description

The Common Market of the 1960s has now become the European Union, and the Treaty of Rome has emerged as the constitutional charter of a Community of nations based on the rule of law. This transformation results from one of the most dramatic constitutional experiments in modern history which has united former political and military enemies in "an ever closer union" with 370 million citizens. The European Union is now Australia's largest economic partner and has emerged as a major factor in international politics and the international economic order. This course serve as a foundation course for specialisation LLM (EU Law).


Recommended Prior Knowledge

None

Course Objectives

The course is designed to give students a comprehensive introduction to the constitutional theory and history, institutional structure and basic elements of the legal system of the unique polity which is the European Union. The objective is to describe crucial principles and doctrines of EU law. For Australian lawyers involved in translational legal relations especially with Europe, an understanding of EU law and legal institutions is necessary.

Main Topics

Particular attention will be paid to the history and theory of European integration, constitutional processes, composition, powers and functions of the main legislative or executive organs (Council, Commission and European Parliament) and to the judicial organs (European Court of Justice and Court of First Instance). The course will then focus on the most important aspects of the legal system: supremacy and direct effect of Union law; 'general' principles of law including fundamental rights; Union citizenship; the role of Union and national courts in enforcing and applying Union law.

Assessment

Research assignment 6,000 words 70%
Class presentation 20%
Class participation Preparation and engagement in class 10% (maximisable)
 

Course Texts

Prescribed
Paul Craig and Grainne de Buurca, EU Law: Text Cases and Materials (Oxford University Press, 2003, 3rd ed)

Recommended
  • John Peterson and Michael Shackleton, The Institutions of the European Union, Oxford University Press 2002
  • Bernard Rudden and Derrick Wyatt, Basic Community Laws (Oxford University Press, latest edition
  • Bernard Rudden and Diarmuid Rossa Phelan, Basic Community Cases (Oxford University Press, latest edition

Resources

Refer to Course Outline provided by lecturer at the beginning of session.

URL for this page:

© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.