‘Unlike courts in other Member States of the European Union (EU), UK courts have fully accepted the Court of Justice’s case law that EU law is an independent and overriding source of national law’
Critically discuss the accuracy or otherwise of the above statement in the light of case law from the Court of Justice of the European Union (CJEU) and from the courts of the UK and from one other Member State.
Is there a specific focus to your essay?
In writing this assignment you are to
• choose one other Member State to focus on, to compare the UK’s stance in relation to EU law primacy to. You choose which other Member State to focus on.
• provide a balanced discussion/coverage of the topic before reaching a conclusion.
• ensure that all points made are supported with authority. Depending on the context, this might be, e.g. a reason, a reference to an academic author’s viewpoint, a provision(s) in the Treaty (TEU or TFEU), EU law or case law (CJ or national courts).
• fully reference, using OSCOLA, all material drawn from cases, textbooks, academic articles, Internet sites etc. This applies to anything quoted directly or paraphrased.
As a starting point for research material and sources, look to seminar handouts, textbooks and their reading lists/footnotes. Follow up references in such material. Consider other sources e.g.: academic articles in journals or on the Internet. The ELRev and CMLRev are both available in the Library. The ELRev is also accessible through Westlaw (via Nelson) and the CMLRev via ‘find my reference’ on the Library’s web pages.
The outcomes to be addressed are:
a) Identify and understand the main characteristics and fundamental principles of European Union law and illustrate its relationship with and distinctiveness from national law and international law;
b) Describe and assess how European Union Law is of relevance to individuals (as citizens of the European Union) and undertakings (within the Member States) and recognise and evaluate the different procedures/remedies available both in national courts and the Court of Justice of the European Union, for breach of European Union law;
c) Outline and understand the factors that continue to influence the development of the European Union, its law and legal system to date and understand the inevitable tension between the interests of the European Union and its Member States in this organisation and its legal system.
d) Identify and evaluate divergent opinions from a wide variety of sources on a range of European Union law issues and points of debate
e) Illustrate and assess the dynamic nature of European Union law and its legal system;
f) Understand and evaluate the role of the Court of Justice of the European Union in the constitutionalisation of European Union law and its legal system.
g) Identify and analyse legal problems and issues and by applying relevant legal concepts, principles and sources to them, propose appropriate solutions and evaluate alternatives;
h) Gather, select and analyse material from a wide range of sources to construct and support an argument;
i) Communicate ideas, opinions and solutions in a clear and structured written format.
The main skills being assessed are your ability to:
• Identify and analyse the main issue(s), point(s) raised by the question;
• Research the chosen area intelligently and effectively;
• Support points with reference to legal sources and/or academic sources (legal and non legal as appropriate and relevant);
• Present material in a clear, coherent, structure manner in writing;
• Reference material used appropriately.
Please note: these main skills are not listed in any order of priority, neither are they necessarily equally weighted.