LS4070: EUROPEAN COURT OF JUSTICE: JUDICIAL ACTIVISM (2014-2015)

Course Aims: To build on the knowledge of EU institutions and law gained in the level two course on EU Institutions and Law. To enable people to critically analyse the role of the Court of Justice of the European Union (the CJEU) in making and interpreting EU Law. Main Learning Outcomes: Knowledge and Understanding To be an expert analyst on: (a) Whether the Court of Justice of the European Union engages in unacceptable judicial activism; (b) The CJEU’s role in developing fundamental human rights in Union Law; (c) The CJEU’s role in determining the extent of locus standi of non-privileged applicants; (d) The CJEU’s role in interpreting the scope of mandatory preliminary rulings; (e) The CJEU’s role in determining the effect of EU Directives on the laws of Member States; and (f) The CJEU’s role in developing the exclusive external competence of the EU. Subject-Specific Skills and Concepts Students will be able to: 1. Differentiate between and use appropriate primary and secondary sources and identify and retrieve up-to-date legal information using paper and electronic sources; 2. Use recognised methods of citation; 3. Use sources to support arguments and conclusions; 4. Recognise, analyse, and rank arguments and evidence in terms of relevance and importance by managing volume of legal sources and select key material to construct written or oral answers to a legal problem; 5. Identify the legal problem from information provided; 6. Address problems by reference to relevant material; 7. Bring together, integrate, compare and synthesise information and materials from a variety of different sources, which explore policy and doctrinal issues; 8. Be able to find in paper form legislative and case law materials in the Law Library; 9. Present arguments for and against propositions; 10. Be aware that arguments require to be supported by evidence, in order to meet legal requirements of proof by showing awareness of the need for evidence to support arguments; 11. Apply knowledge and analysis creatively to complex situations in order to provide arguable solutions to concrete problems by presenting a range of viable options from a set of facts and law; 12. Think critically and make critical judgements on the relative and absolute merits of particular arguments and solutions and make choices as to the most preferable; 13. Communicate orally and in writing (and electronically where appropriate) using English language by creating work in a permanent format that is understandable by the intended audience (through submission of exam answers, essays, samples thereof and participating in tutorial discussion); 14. Communicate in plain English, with legal terminology only as needed; and 15. Display informed knowledge and understanding of the social, economic, moral and ethical contexts in which law operates by demonstrating legal knowledge in association with related policy, underlying social conditions, professional ethical issues and moral issues. Key Skills (Transferable) 1. Communicate orally and in writing; 2. Ability to work effectively in small groups to contribute to the group’s task; 3. Ability to work independently, to organise and manage time, stress and effort in performance of tasks; 4. Problem solving skills; 5. Critical analysis; 6. Logical argument; 7. An ability to synthesise and organise complex materials and arguments; 8. With limited guidance act independently, and where appropriate as part of a team, in planning and undertaking tasks; 9. Conduct formal and informal oral presentations; 10. Make appropriate use of technology in research, writing and oral presentations; and 11. Reflect on own learning and to seek and make use of feedback. Content: The course considers the work of the European Court of Justice including its role as a law maker; fundamental human rights; impact of Union directives on national law; judicial review of Union legislation; preliminary rulings; and the external competence of the EU.

Information on contact teaching time is available from the course guide.

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1st Attempt: 1 three-hour written examination (100%). Resit: Normally, no resit is available.

At least one 2,500 word essay and at least one 15-minute oral presentation.

Feedback will be provided on the feedback form within three weeks from the date of submission.

None.