Critically evaluate the nature and framework of EU law

Assignment Brief

As part of the formal assessment for the programme you are required to submit a TIME CONSTRAINED ASSESSMENT. Please refer to your Student Handbook for full details of the programme assessment scheme and general information on preparing and submitting assignments.

Learning Outcomes:

After completing the module, you should be able to:

1. Critically evaluate the nature and framework of EU law
2. Demonstrate a detailed knowledge of the substantive provisions of European Community Law in selected areas and show a critical awareness of relevant social and political issues.
3. Utilise analytical and problem-solving skills under time constraints to identify issues of EU law, selecting relevant legal principles to reach logical conclusions
4. Communicate legal arguments in written form using appropriate legal terminology

Your assignment should include: a title page containing your student number, the module name, the submission deadline and a word count; the appendices if relevant; and a reference list in OSCOLA. You should address all the elements of the assignment task listed below. Please note that tutors will use the assessment criteria set out below in assessing your work.

Maximum word count: Max 4,000 words - Typically 3-4,000 words

You must not include your name in your submission because Arden University operates anonymous marking, which means that markers should not be aware of the identity of the student. However, please do not forget to include your STU number.

Assignment Instructions

Instructions:

Critically evaluate the nature and framework of EU law

This assessment should take you no longer than 3-4 hours and can be completed at any point during 24-hour window. Please ensure you give yourself adequate time to upload your completed paper to Turnitin.

For further guidance on the TCA assessment please click on this link:

https://vimeo.com/398870288/2283356462

INSTRUCTIONS SPECIFCALLY FOR THIS PAPER HERE

This paper contains THREE PARTS.

Candidates must answer THREE questions, ONE from each Part A, B, and C.

Please turn over for questions

Questions

Choose one question. Question 1

PART A

(30 marks)

Critically analyse the two main approaches to determining the court of first instance for the purposes of making a preliminary reference.

Your answer should make reference to relevant case law and legislation.

Question 2

Van Gend en Loos v Nederlandse Administratie der Belastingen (1963) Case 26/62 was a landmark case of the European Court of Justice.

How did this case affect the relationship between Community law and the national law of Member States?

Your answer should make reference to relevant case law and legislation.

Choose one question. Question 1

PART B

(30 marks)

The European Union has passed a (fictional) Regulation 2020/12 on health and safety at work that states all manual labourers must be supplied with safety boots by their employer.

Bjorn is employed in a warehouse in Sweden. His employer has a cash flow issue and so is holding off on purchasing safety boots for all of the warehouse staff. Bjorn continues to wear his trainers to work and one day the coupling hitch from a trailer slips and falls on his foot, breaking several bones.

a) Advise Bjorn of his rights and remedies under EU law. (10 marks)

Subsequently the European Union recalls the regulation and instead issues Directive 2020/12 that all manual labourers must be supplied with safety boots by their employer.

The Directive is to be implemented by 31 December 2020.

b) Advise Bjorn of his rights and remedies under EU law(10 marks) Bjorn has sought advice from his trade union representative who tells him that Sweden has not implemented the Directive until 01 March 2021.

c)  advise Bjorn of his rights under EU law. (10 marks)

Question 2

a)  condoms are only available for married people and only as prescribed by a doctor; (10 marks)
In Poland, the Moral Majority Party has won a landslide victory in the national elections. This party is a coalition of faith groups and its principle focus is on conservative family policies, which include:

b)   all shops in Poland must be closed on Sunday;

(10 marks)

c)  prohibition on the importation, selling and marketing of products for sexual pleasure. (10 marks)

Question continued on next page.

As the expert in European Union Law for the Moral Majority Party, explain how the party can achieve their aims whilst still complying with European Union law.

Choose one question. Question 1

PART C

(40 marks)

A referendum has occurred in the (fictional) EU Member State of Brexitania. It votes to leave the European Union, makes the necessary procedural requirements and the EU accepts this withdrawal.

However, Ardenland, a (fictional) autonomous island off the coast Brexitania then holds its own referendum. With their own distinct language, and an oftentimes conflictual history with Brexitania, the residents of Ardenland narrowly voted in favour of full scale independence from Brexitania.

With a heavy heart, the Prime Minister and Queen of Brexitania have accepted the results of the referendum and the now respective governments of Ardenland and Brexitania are preparing for a peaceful secession.

The government of Ardenland is very keen to achieve membership in the European Union as part of its transition to independence.

You are part of a team of experts from the Council of Europe and the European Commission and your role is to advise the government of Ardenland what it needs to do in order to accede to membership in the European Union.

Question 2

Critically analyse the Court of Justice of the European Union’s distinction between rights for workers and EU citizens.

Your answer should make use of relevant legislation and case law.

End of question