Course

European Union: Institutions and Legal Systems - LAWS8151

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Kensington Campus

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Academic Program must be either 9200, 9210, 5740, 9230, 9231 or 5231

Excluded: JURD7551

CSS Contribution Charge: 1 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

This course will be taught at the Monash Centre in Prato, Italy in July 2013 (during the semester break). Places will be limited and by application only.
Further information will be added to the Overseas Winter and Summer Schools Website website shortly.

The Common Market of the 1960s has now become the European Union, and the Treaty of Rome has emerged as the constitutional charter of a Community of nations based on the rule of law. This transformation results from one of the most dramatic constitutional experiments in modern history which has united former political and military enemies in "an ever closer union" with 370 million citizens. The European Union is now Australia's largest economic partner and has emerged as a major factor in international politics and the international economic order.


Recommended Prior Knowledge

None

Course Objectives

The course is designed to give students a comprehensive introduction to the constitutional theory and history, institutional structure and basic elements of the legal system of the unique polity which is the European Union. The objective is to describe crucial principles and doctrines of EU law. For Australian lawyers involved in translational legal relations especially with Europe, an understanding of EU law and legal institutions is necessary.

Main Topics

Particular attention will be paid to the history and theory of European integration, constitutional processes, composition, powers and functions of the main legislative or executive organs (Council, Commission and European Parliament) and to the judicial organs (European Court of Justice and Court of First Instance). The course will then focus on the most important aspects of the legal system: supremacy and direct effect of Union law; 'general' principles of law including fundamental rights; Union citizenship; the role of Union and national courts in enforcing and applying Union law.

Assessment

Research Essay 6,000 words 80%
Class Participation and engagement in class 20%

Course Texts

Prescribed
Damian Chalmers, Gareth Davis & Giorgio Monti, European Union Law, Cambridge University Press, 2nd edition (2010)

Resources

Refer to Course Outline provided by lecturer at the beginning of session.
Law Books

Study Levels

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