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| European Union: Institutions and Legal Systems - LAWS8151 | ||||||||||||||||||||||||||||||||||||||||||||||||||
Description This course will be taught at the Monash Centre in Prato, Italy on 4-8 July 2011 (Semester 1). Places will be limited and by application only.
Further information can be found on the Faculty of Law website: http://www.law.unsw.edu.au/Current_Students/forms/2010/LAWS8151_EU_Institutions_Prato_Italy_Information_sheet.pdf. The application form can be found here: http://www.law.unsw.edu.au/Current_Students/forms/2010/LAWS8151_EU_Institutions_Prato_Italy_Enrolment_form.pdf 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. 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 Essay 6,000 words 80%
Class Participation and engagement in class 20% Course Texts Prescribed Resources Refer to Course Outline provided by lecturer at the beginning of session.
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