Module: LAW5102-20 European Union Law with Practical Legal Research

Level: 5

Credit Value: 20

Module Tutor: Steven Goulton

Module Tutor Contact Details: s.goulton@bathspa.ac.uk

1.Brief description and aims of module:

Whilst Brexit has given rise to a large volume of questions over the sovereignty of Britain to legislate for itself, the possible encroachment of European law on domestic law, and the value-for-money of European institutions and their outputs, it remains that Europe has significant influence, legally and politically, over Britain, as does Britain over Europe.

Indeed, Lord Denning MR famously said, of the Treaty of Rome, that “[it] is like an incoming tide. It flows into the estuaries and up the rivers. It cannot be held back. Parliament has decreed that the Treaty is henceforward to be part of our law. It is equal in force to any statute.” (HP Bulmer Ltd & Anor v. J. Bollinger SA & Ors [1974] EWCA Civ 14 (22 May 1974)).

The aims of the module are to give you a comprehensive understanding of the institutions and workings of the European Union and give you a deep understanding of the impact of these institutions upon the Legal systems of England and Wales.

You will complement your study of the substantive law with exercises in Practical Legal Research; developing your academic legal research of analysing and critiquing the law to helping fictional ‘clients’ with their legal problems, being critical in discussing the (legal) merits and issues of their case.

In this module, you will be able to demonstrate the following graduate attributes:

• Will be employable: Equipped with the skills necessary to flourish in the global workplace, able to work in and lead teams;

• Will be digitally literate: Able to work at the interface of creativity and technology;

• Will be internationally networked: Either by studying abroad for part of their programme, or studying alongside students from overseas.

2.Outline syllabus:

Topics covered might include:

• History and modern-day structure and institutions of the European Union;

• Legislative, executive and judicial powers of the European Union;

• Treaties, supremacy, applicability and principles of European Union law;

• Liability, enforcement and remedies under European Union law;

• The European Union’s four freedoms – movement of goods, people, services and capital;

• European competition law;

• Enforcement of breaches

• Direct and Indirect effect

• State Liability

• The consequences of BREXIT.

3.Teaching and learning activities:

You will be taught by way of 1x 1-hour lecture and 1x 2-hour seminar each week. Lectures will introduce and explore substantive subjects as specified above. Seminars will include a variety of activities including class discussion, scenario analyses, role-play, written and research exercises and other formative activities.

Assessment Item 1:

• Assessment Type: CW

• Description: Practical Legal Research exercise (2,500 words)

• % Weighting: 50

Assessment Item 2:

• Assessment Type: Exam

• Description: Exam

• % Weighting: 50