Module SXL-4424:
EU Internal Market Law

Module Facts

Run by School of Law

15 Credits or 7.5 ECTS Credits

Semester 1

Organiser: Prof Dermot Cahill

Overall aims and purpose

The module will provide the student with knowledge of how the removal of barriers to trade which between Member States came about via chiefly the jurisprudence of the European Court of Justice. The module will provide the student with the ability to identify common themes and approaches taken in the Freedom of Goods, Services, Customs Duties & Internal Taxation, and Workers, revealing the peculiarities of each of the Four Freedom regimes. The module will present the student with an opportunity to appreciate and explore the extent of which the European Court of Justice has influenced mutual recognition theory, and also how its preoccupation with Market Access issues has dominated its more recent jurisprudence. The module will also examine Article 106 (former Article 86) on the treatment of State Monopolies and the extent to which the rules of the Internal Market can be precluded from applying to undertakings providing services of general economic interest in EU Member States, where it is necessary to do so in order for them to continue to fulfil their public service missions within the parameters of financial or operational equilibrium set for them by the Member State in question.

Course content

European Union Internal Market Law involves the study of the principles underlying the functioning of the Internal Market, and will focus primarily on the study of the leading jurisprudence of the European Court of Justice and European General Court (now named the General Court), as well as leading decisions on the European Commission, all of which have contributed towards the development of the legal principles which have driven the development of the Internal Market in the European Union. The course of study includes:

i. A brief study of the original Common Market model and the Four Freedoms ii. The development of the Internal Market Programme since the late 1980s iii. Analysis of the leading judgments in the areas of Free Movement of Goods, Customs Duties and Internal Taxation, Free Movement of Workers, Free Movement of
Services, and Freedom of Establishment

Assessment Criteria

threshold

Displays ability within a specialized area of knowledge and skills, employing appropriate skills to conduct research. Work at threshold quality demonstrates an adequate knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, some of which is informed by thinking at the forefront of the academic discipline. Work at this level shows a developing understanding of techniques applicable to the student's own research. It shows an ability of apply knowledge in an original way, and to use established techniques of research and enquiry to interpret knowledge in the discipline. The conceptual understanding evidenced by the work indicates that the student can evaluate scholarship in the field.

good

Displays accomplished ability within a specialized area of knowledge and skills, employing good quality skills to conduct research. Good work in this module will demonstrate a systematic knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, much of which is at, or informed by thinking at, the forefront of the academic discipline. Work at this level shows a comprehensive understanding of techniques applicable to the student's own research. It shows an ability to apply knowledge in an original way, and to use established techniques of research and enquiry to create and interpret knowledge in the discipline. The conceptual understanding evidenced in the work indicates that the student can evaluate advanced scholarship in the discipline. The work shows an ability to evaluate methodologies and develop critiques of them, and, where, appropriate, propose hypotheses.

excellent

Displays mastery of a complex and specialized area of knowledge and skills, employing advanced skills to conduct research. Excellent work in this module will contain the qualities recognized in good work, but will show them in a more consistent way, and at all points. It will demonstrate a systematic knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, much of which is at the forefront of this academic discipline. Work at this level shows a comprehensive understanding of techniques applicable to the student's own research or to advanced scholarship. It shows throughout an ability to apply knowledge in an original way, and to use established techniques of research and enquiry to create and interpret knowledge in the discipline. The conceptual understanding evidenced in the work indicates that the student can critically evaluate advanced scholarship in the discipline, and do so in a consistent manner. The work shows an ability to evaluate methodologies and develop critiques of them, and, where, appropriate, propose hypotheses.

Learning outcomes

  1. Show a critical understanding of the main rules and principles operating in the areas of the Four Freedoms.

  2. Demonstrate a sophisticated critical awareness of the different theoretical approaches adopted in the European Court of Justice jurisprudence at various times in the EU's development.

  3. Research and discuss analytically the legal complexities in each of the key legal regimes analysed, and critically consider how they could be resolved.

  4. Critically analyse and demonstrate understanding of the relationship between the domestic Courts and the European Court of Justice, and the European General Court.

  5. Explore the challenges of formulating and refining suggestions for the development and reform of EU Jurisprudence.

Assessment Methods

Type Name Description Weight
Written assignment 100

Teaching and Learning Strategy

Hours
Private study 128
Seminar

The module will consist of 11 x 2 hour seminars. For each seminar, students will be expected to have prepared essential reading (typically, leading case law and/or legislation), and also they will be expected to have prepared, for some seminars, problem questions, for which they will be expected to prepare brief answer which will enable them to participate in discussion of the questions in the seminars or, alternatively, to prepare short individual presentations. The course will be taught by a combination of staff and guest lecturer presentations, in particular, using Socratic Method, with students required to consider hypothetical scenarios related to the seminar material.

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Transferable skills

  • Literacy - Proficiency in reading and writing through a variety of media
  • Computer Literacy - Proficiency in using a varied range of computer software
  • Self-Management - Able to work unsupervised in an efficient, punctual and structured manner. To examine the outcomes of tasks and events, and judge levels of quality and importance
  • Exploring - Able to investigate, research and consider alternatives
  • Information retrieval - Able to access different and multiple sources of information
  • Inter-personal - Able to question, actively listen, examine given answers and interact sensitevely with others
  • Critical analysis & Problem Solving - Able to deconstruct and analyse problems or complex situations. To find solutions to problems through analyses and exploration of all possibilities using appropriate methods, rescources and creativity.
  • Presentation - Able to clearly present information and explanations to an audience. Through the written or oral mode of communication accurately and concisely.
  • Argument - Able to put forward, debate and justify an opinion or a course of action, with an individual or in a wider group setting
  • Self-awareness & Reflectivity - Having an awareness of your own strengths, weaknesses, aims and objectives. Able to regularly review, evaluate and reflect upon the performance of yourself and others

Subject specific skills

  • demonstrate the ability to work with others in a team to achieve reasoned, critical, comparative perspectives upon legal questions.
  • present reasoned, critical, comparative responses to the views of others on legal subjects within a Welsh, United Kingdom, European and/or global context;
  • present to others from a specialist or non-specialist background, reasoned, critical, comparative presentations relating to legal subjects within a Welsh, United Kingdom, European and/or global context;
  • write sustained critical expositions of any given area of the legal subjects studied and present the findings clearly, logically and coherently;

Resources

Courses including this module