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Examine the historical events of the 20th century, leading to the creation of the European Union AC 1.1

Unit European Union Law

Level 5

30 Credits

Proposed Assignment

Utopia, a small state in South West Europe, recently declared independence from Grandia and it is considering joining the European Union.

Rusters Associates (Madrid) where you are employed as junior lawyer, has been approached by Utopia’s Government, to advise on a number of points. Your line manager who is an expert in all aspects of the European Union will lead on this work and she wishes to involve you, in order to develop your knowledge and understanding of European Law.

Prepare a draft report for your line manager to consider. The report must address each of the matters listed below, using relevant European Union (EU) legislation and cases, as needed.

  1. In the preamble to the report you need to:
  • examine the historical events of the 20th century, leading to the creation of the European Union AC 1.1
  • evaluate the original objectives of the EU AC 1.2
  • compare and contrast the original objectives of the EU with its current position AC 1.3
  1. In the next section of the report you must address the following requests made by Government officials in Utopia. They want you to:
  • provide an evaluation of the functions and powers of each EU Institution covering how the power of Utopia’s national government might be reduced, if it joins the European Union AC 2.1
  • examine the extent of the jurisdiction of the European Court of Justice AC 2.2
  • explain the voting system of the European Council AC 2.3

An additional request for information has been received. For a Distinction grade you must:

  • analyse the balance of power between the EU and national governments like Utopia. 2D1
  1. In the next section of the report, Utopia wants to understand the doctrine of supremacy and officials have asked you to evaluate it. AC3.1.

They also wish to know the similarities and differences between treaties, regulations and directives and whether upon joining, Utopia will be bound by such legislation, particularly if there is a conflict between EU and Utopia’s national legislation. AC 3.2

As part of this section of your report you also need to assess direct and indirect effect AC 3.3 For a Merit grade this section of the report must also:

  • Compare and contrast infringement proceedings actioned by the Commission with proceedings actioned by a Member State against another Member State. AC 3M1
  1. Utopia’s main economy is wine production. The economy of some Member States of the European Union is also heavily dependent on wine production. It is recognised that some of the wine produced by these Member States is of a lesser quality, compared with the wine of Utopia and it contains various additives, considered to be safe by EU legislation.

Utopia’s wine is seen as top quality due to the fact that any additives in its production are banned.

It is also a requirement under Utopian law for wine to be sold only in 500 ml glass bottles. In this section of the report you must provide officials in Utopia with the following:

  • An explanation of the meaning of freedom of goods and services AC 4.1
    • An evaluation of the prohibition of fiscal and regulatory barriers to free movement of goods and services AC 4.2
    • An analysis of justifiable derogations from the principle of free movement of goods AC 4.3.

Another question has arisen and for a Merit grade you must:

  • Evaluate the remedies for infringements of EU Law on the free movement of goods and services. AC 4M1
  1. At present, Utopia requires any Utopian national to obtain a travel permit, if they wish to travel abroad. Foreign nationals who wish to travel to Utopia can only be granted a three months tourist visa, which is non-renewable and for which they need to pay the equivalent of

£150 in local currency. Utopia does not grant a right to work to any foreign national.

In order to encourage population growth, Utopia recently decided to offer the equivalent of

£50,000 to any married couple who have at least three children. Utopia does not want to extend this benefit to couples that are not Utopian nationals.

In the final section of your report you need to provide guidance to the officials in Utopia, on the free movement of persons and the freedom of establishment. In this guidance you must:

  • Explain the terms ‘worker’ and ‘establishment’ in relation to EU Law on free movement of persons AC 5.1
  • Examine the rights of workers under EU Law of free movement AC 5.2
  • Analyse the exemptions to the EU Law on free movement AC 5.3 For a Merit grade you must also:
    • Appraise the impact of vertical and horizontal effects on individual rights to free movement AC 5M1

For a Distinction grade you need to additionally:

  • Distinguish between social assistance and social advantage in relation to the free movement of persons AC 5D1
  • Evaluate the role of EU citizenship in regulating rights of third parties. 5D2

Guidelines for assessors

The assignments submitted by learners must achieve the learning outcomes and meet the standards specified by the assessment criteria for the unit. To achieve a merit or distinction grade, the learners must demonstrate that they have achieved all the criteria set for these grades. Where work for the pass standard is marginal, assessors can take account of any extension work completed by the learners. The suggested evidence listed below is how learners can demonstrate that they have met the required standards.

TASK

ASSESSMENT CRITERIA

SUGGESTED EVIDENCE

All

 

The learners need to produce a structured report for the

intended audience which addresses the command verbs stated in each of the AC.

Task 1

LO1 AC1.1, 1.2,

1.3

This section of the report must be factually accurate and include relevant information. For example reference to Treaty of Paris 1951 (setting up the European Coal and Steel Community); the Treaties of Rome (European Economic Community and the European Atomic Energy Community); the Stockholm Convention (European Free Trade Association); the first, second and third enlargement; the Single European Act 1986; the Community Charter of the Fundamental Social Rights of Workers; The Treaty of the European Union, the Treaty of Amsterdam, the introduction of the Euro and the Eurozone; the Eastern European expansion; the Lisbon Treaty. Criticisms of

the fast pace of expansions. The evaluation must lead to reasoned judgements.

Task 2

LO 2 AC2.1, 2.2,

2.3;

2D1

The European Parliament – formation, EMPs, maximum size of 751 members, national quotas for each European country, legislative powers, budgetary powers, supervisory powers, elective powers – scope and limitations; The Council of Ministers – composition, internal structure, decision and voting processes; function and powers; The Commission – composition, election, the role of the President, function and powers; the role and function of specific Committees.

The Courts of Justice of the European Union – judicial composition, the European court system, jurisdiction and judicial process; the role of Advocate-General and the judges. Voting systems of the Council – simple majority (rare), qualified majority (the norm), unanimous decision (for measures of constitutional significance).

 

Task 3

LO3 AC3.1, 3.2,

3.3

3M1

The work must address

Specific competencies – exclusive competencies (art 3), shared competencies (art 4), coordinating competencies (art 5), complementary competencies (art 6) – meaning, scope, application within the EU context.

The doctrine of supremacy and direct effect – how international treaties are enforced in domestic courts – traditional approaches of Monist constitutional traditions and Dualist constitutional traditions, EU as the new legal order – consequences – direct effect of the provision of the Treaties – meaning, extent of application depending on the type of EU law, vertical and horizontal effects – Treaties, directives, regulations, application tests, time limits; indirect effects, the doctrine of consistent interpretation.

Enforcement actions – Art 19(1) – allocation of responsibility and enforcement powers; two primary enforcement methods – infringement proceedings by the European Commission against a Member State (art 258), action by a Member State against another Member States – formal steps, procedures, potential outcomes, limitations.

Preliminary rulings and annulment actions proceedings – scope, case law application, case law examples

Task 4

LO4 AC4.1, 4.2,

4.3;

4M1;

general principles for free movements of goods (art 28-30, 34- 35, 36, 110), meaning of goods, meaning of services – examples, ECJ’s interpretation.

Prohibition on fiscal barriers – custom duties or charges of equivalent effect; meaning and nature of charges having equivalent effect, examples of custom equivalent changes; ECJ’s interpretations; discriminatory internal taxation – direct and indirect imposition of taxation against ‘similar’ or ‘competing’ foreign goods, issues of objective justification, issues when no comparable goods exists in domestic markets, proportionality principles.

Prohibition of regulatory barriers – quantitative restriction on imports (art 34) and quantitative restrictions on exports (art 35) or measures having similar effect – meaning, scope, application, Dassonville formula.

Possibility for restrictions on freedoms of goods – justification of public morality, public policy or security, the protection of health and life of human, animals or plants, the protection of national treasures … or the protection of industrial or commercial property – meaning, scope, application, limitations, ECJ interpretation in case law; on the restriction of freedom of services – public policy, public security, public health. Additional possibility as long as measure non- discriminatory – Cassis de Dijon- consumer protection, preventing fraud and other crimes, public order etc – meaning, application.

 

Task 5

LO5 AC5.1, 5.2,

5.3;

5M1 5D1; 5D2

The meaning of a ‘worker’ – union legal concept, defined by the case law of ECJ, not the Treaty itself, broad definition from Lawrie – Blum case 66/85, others – Levin case 53/81, what is included – e.g, Case 196/87 Steymann, C-456/02 – Trojani, what is excluded – e.g., Case 344/87 Bettray, etc; the right of those seeking work – Case 292/89 Antonissen, Case C- 138/02 Collins, limitations.

The meaning of establishment – e.g., Case C-55/94 Gebhard; issue of self-employment, mutual recognition of qualifications, establishment of companies (art 54).

Rights of workers – equal treatment, prohibition of direct and indirect discrimination – scope, case law interpretation; issues of rights to social advantages v social assistance or social welfare – meaning, EU v internal issues.

Impact of vertical and horizontal effect on direct rights and claims by workers, procedures for challenges.

Derogation from free movements of person and from freedom of establishment – reasons, interpretation, the concept of objective public interest

EU citizenship – origin (art 20), constitutional significance, rights granted by the EU citizenship concept – collective enumeration of rights (art 20), right to move and reside freely within any EU member state (art 21), right to participate in municipal and EP elections (Art 22), rights to diplomatic protection (art 23), right to participate in the democratic life of the Union (Art 9-11), right to complain (Art 24); to whom in applies – Case C-650/13 Delvigne direct v indirect rights; impact of EU citizenship on statelessness.

The relationship between national, EU and Public International Law; specific issues regarding students and EU citizenship, rights of those not in employment; those with dual nationality and issues of third parties’ nationals and right to family unification; the Citizens Rights Directive.

 


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