LAW 7059 - European Union Law (PG)
North Terrace Campus - Trimester 2 - 2016
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General Course Information
Course Details
Course Code LAW 7059 Course European Union Law (PG) Coordinating Unit Adelaide Law School Term Trimester 2 Level Postgraduate Coursework Location/s North Terrace Campus Units 3 Contact Intensive Available for Study Abroad and Exchange Y Assessment participation, assignments/research paper &/or exam as determined at first seminar Course Staff
Course Coordinator: Dr Jessica Viven-Wilksch
Course Timetable
The full timetable of all activities for this course can be accessed from .
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Learning Outcomes
Course Learning Outcomes
By the end of the course, students should be able to:- identify and account for the current institutional and constitutional characteristics of the EU, especially in its Community pillar, and the unique character of this legal order.
- demonstrate a detailed knowledge of the legal rules applying in a number of core substantive areas, and account for their evolution.
- demonstrate knowledge of the relationship between the EU and Australia.
- demonstrate an ability to situate their knowledge of EU law within the wider political, economic and social context, with such general contextual knowledge gained, at least in part, through independent, non-directed reading.
University Graduate Attributes
This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:
University Graduate Attribute Course Learning Outcome(s) Deep discipline knowledge
- informed and infused by cutting edge research, scaffolded throughout their program of studies
- acquired from personal interaction with research active educators, from year 1
- accredited or validated against national or international standards (for relevant programs)
1;3;4 Critical thinking and problem solving
- steeped in research methods and rigor
- based on empirical evidence and the scientific approach to knowledge development
- demonstrated through appropriate and relevant assessment
1;2;4 Teamwork and communication skills
- developed from, with, and via the SGDE
- honed through assessment and practice throughout the program of studies
- encouraged and valued in all aspects of learning
2;3;4 Career and leadership readiness
- technology savvy
- professional and, where relevant, fully accredited
- forward thinking and well informed
- tested and validated by work based experiences
3;4 Intercultural and ethical competency
- adept at operating in other cultures
- comfortable with different nationalities and social contexts
- able to determine and contribute to desirable social outcomes
- demonstrated by study abroad or with an understanding of indigenous knowledges
4 Self-awareness and emotional intelligence
- a capacity for self-reflection and a willingness to engage in self-appraisal
- open to objective and constructive feedback from supervisors and peers
- able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
2;3;4 -
Learning Resources
Required Resources
The main book for this course will be announced closer to the start of the course. As the law changed considerably since the last edition, students are strongly advised to use the latest editions and most recent copies of texbooks.
You will also need to refer to and study judgments of the European Court of Justice, along with the opinions of its Advocates General (an institution specific to EU law), in the original. These are best accessed via the European Court Reports (available in the library) or online via the ECJ’s website at www.curia.eu.int. You can access the EU’s legislation database, EURLEX, via the Europa website at www.europa.eu. This website will be a useful resource for you as well.
Recommended Resources
As complementary books, I recommend
- Craig, de Burca, EU Law – Texts, Cases and Materials (OUP, 6th ed, 2015).
- Matt Harvey, Michale Longo, European Union Law, An Australian view (Lexis Nexis, 2008)
- Margot Horspool, Matthew Humphreys, European Union law (OUP; 8th ed; 2014)
- Catherine Barnard The substantive law of the EU: the four freedoms (OUP, 4th. ed, 2013)
- Stephen Weatherill EU law: Cases and Materials (OUP, 11th ed, 2014)
- Lorna Woods and Philippa Watson, Steiner & Woods EU Law (OUP 12th ed, 2014)
- Chalmers et al., European Union law : text and materials (CUP,3rd edition 2014)
- K. Davies, Understanding European Union law (Routledge, 4th Ed. , 2011)
- I. Ward A critical introduction to European law (CUP, 3rd edition, 2009)
- T.C. Hartley, European Law in a Global Context (Cambridge University Press, 2004)
- The European Law Review (ELR);
- The Common Market Law Review (CMLR);
- The European Law Journal (ELJ);
- The Journal of Common Market Studies (JCMS).
Reports of cases heard in the European Courts and in Member State courts:
- European Court Reports (ECR)
- Common Market Law Reports (CMLR)
- (both available in the Law Library)
Selected Internet Resources
- Eur-Lex: portal to European Union Law: http://europa.eu.int/eur-lex/en/index.html
- EU news and archive: http://www.euobserver.com/
- Homepage of the European Commission’s Delegation to Australia: http://www.delaus.cec.eu.int/home.htm
- Further Internet references will be made available on the MyUni website.
Online Learning
MyUni is the entry point to online learning at The 成人大片: This course will use MyUni for announcements, display of PowerPoint slides, lecture outlines and any additional case and other material required to be read for seminars and assignment.This course will also require you to use MyUni for some assessment.
Students are expected to check MyUni regularly and often to keep up to date with these materials and additional learning resources that will be made available throughout the course. -
Learning & Teaching Activities
Learning & Teaching Modes
This course will be taught intensively over the course of two two-day workshops. During these workshops, the course will be delivered in various ways, including lectures, seminars, students’ presentations and role play, in order to maximise students’ learning process. The purpose of the these activities is to allow active discussion and analysis of the material. While an important secondary purpose is to allow you to clarify certain issues, a good seminar will allow you to offer your own analysis and discussion of the topic.
The purpose of the lectures is to introduce the legal rules and facts of the fields of European Law that we are studying and give a basic framework of the wider socio-economic issue surrounding this law. t is expected that students will have to study and read on top of the lectures either to prepare their oral presentation prior to the course or to work on their essay and problem question.
Digesting the lectures will be aided by reading the relevant textbook chapters and cases beforehand and afterwards, by taking notes and asking questions. Students need to engage in private study, besides the contact hours provided through the course, including some self-directed reading in books and articles not compulsory for lectures.
Workload
The information below is provided as a guide to assist students in engaging appropriately with the course requirements.
The information below is provided as a guide to assist students in engaging appropriately with the course requirements.
Contact time: 2 two-day workshops.
It is important to emphasise that lectures and seminars are the class contact hours only, and that this is a four-unit course. It is therefore necessary for students to allocate study time outside of class, including for the online learning activities.Learning Activities Summary
A detailed summary of the timetables during the workshops will be posted on MyUni prior to the course beginning. Some of the topics covered will include:
- Terminology of EU Law
- History of the EU
- The Treaty Structure of the EU
- Political and Judicial Institutions of the EU
- Law Making in the EU and EU Legal Instruments
- Judicial Review in the ECJ
- Direct Effect
- Supremacy
- General Principles of Law
- The Single Market EU Treaty Making Power and External Relations (with Emphasis on the Free Movement of Goods)
Specific Course Requirements
CONSULTATION AND COMMUNICATION
Please check your student email and MyUni regularly as course-related announcements are communicated via MyUni.
Jessica Viven-Wilksch
Consultation times: by appointment Phone: 8303 4676 Email: jessica.viven-wilksch@adelaide.edu.au
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Assessment
The University's policy on Assessment for Coursework Programs is based on the following four principles:
- Assessment must encourage and reinforce learning.
- Assessment must enable robust and fair judgements about student performance.
- Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
- Assessment must maintain academic standards.
Assessment Summary
Assessment Task Task Type Due Length Weighting Learning Outcome Redeemable closed book exam summative 17 June
to be scheduled during workshop hours90 min 20% 1; 2 no Individual Research
presentationFormative 18 June 2016
20 min 20% 1;2 No Individual Research Essay Summative 24 June 2016 3000 words 20% 2; 3; 4 Yes Take home exam Summative 8am-10pm
2500 words27 June 2016 40% 3; 4 Yes
Assessment Detail
Closed book exam
This exam will take place in class on聽Friday 17 June 2016. This aspect of the assessment will provide students with feedback regarding their level of understanding of the course material and their research, written communication and critical thinking skills. Students will work individually to complete this assessment. The weighting of this assessment is聽20% of the overall mark聽for EU law.
Individual Oral presentation
Students will be able to choose a topic to research and present on Friday 17 or Saturday 18 June 2016. Please note that students will need to submit their research essay topic for approval by the Course Coordinator by Wednesday 8 June 2016.
Each presentation should not last longer than 20 minutes in total. The weighting of this assessment is 20% of the overall mark for EU law.
Individual Research Essay
Following the oral presentation, students will have to submit a research essay. The essay will need to take into consideration the feedback given following the presentation.
The 3000 word paper will be submitted online (instructions will be provided on MyUni) by Friday 24 June 2016. The weighting of this assessment is 20% of the overall mark for EU law.
The assignment must be written in prose style (using complete sentences), adhere to grammatical rules and use correct spelling. It should be typed in Times New Roman font, using double spaced paragraphs and at least 12pt font size, on one side of A4 paper. The pages must be numbered and the margins should be at least 2.5 cm wide. The essay should include a table of contents and a bibliography. Each paper must be clearly marked with the student鈥檚 成人大片 number. A word count should be noted on the cover sheet.
Assessment Criteria
o聽聽聽 use of resources in formulating the paper including proper acknowledgment and correct referencing
o聽聽聽 overall presentation, including correct grammar, spelling and punctuation
o聽聽聽 correct application of relevant material
o聽聽聽 demonstrated understanding of relevant legal materials
o聽聽聽 demonstrated understanding of the comparative law method
o聽聽聽 evidence of comprehensive research and consideration of the relevant literature
o聽聽聽 logical planning and sequence
o聽聽聽 clarity of expression
o聽聽聽 depth of analysis and level of critical examination of the issues raised
o聽聽聽 聽level of insight and innovative thought
Take home exam: Problem question
This aspect of the assessment will provide students with feedback regarding their level of understanding of the course material and their research, and the application of principles seen in the course of the workshops. The objective of a problem question is for students to demonstrate:
o聽聽聽 that you know the correct law in a situation and can apply it to the facts; and
o聽聽聽 that you can, at appropriate times, exercise a measure of judgment as to what the applicable law is, rather than simply applying rules mechanistically.
Students will work individually to complete an assignment, which will be due on聽Monday 27 June 2016, 10pm. Students will be given the question on MyUni.聽The 2500 paper will be submitted online (instructions will be provided on MyUni). The weighting of this assessment is聽40% of the overall mark聽for EU law. The assignment must be written in prose style (using complete sentences), adhere to grammatical rules and use correct spelling. It should be typed in Times New Roman font, using double spaced paragraphs and at least 12pt font size, on one side of A4 paper. The pages must be numbered and the margins should be at least 2.5 cm wide. The essay should include a table of contents and a bibliography. Each paper must be clearly marked with the student鈥檚 成人大片 number. A word count should be noted on the cover sheet.聽
Assessment Criteria
o聽聽聽 聽level of insight and innovative thought
o聽聽聽 聽depth of analysis and level of critical examination of the issues raised
o聽聽聽 聽clarity of expression
o聽聽聽 聽logical planning and sequence
o聽聽聽 聽evidence of comprehensive research and consideration of the relevant literature
o聽聽聽 聽demonstrated understanding of the comparative law method
o聽聽聽 聽demonstrated understanding of relevant legal materials
o聽聽聽 聽correct application of relevant material
o聽聽聽 聽overall presentation, including correct grammar, spelling and punctuation
o聽聽聽 聽use of resources in formulating the paper including proper acknowledgment and correct referencing
ASSIGNMENT GUIDELINES FOR REFERENCING
All written work in the Law school is required to comply with, The Australian Guide to Legal Citation available on . Hard copies of The Australian Guide to Legal Citation are on Reserve in the Law Library and can also be purchased from UniBooks. Please make sure you have looked at this before you submit any written work.Submission
Electronic Submission
Assignments must be handed in electronically by Turnitin. Students must ensure their student number appears on all written work submitted for assessment. Electronic copies of the assignment as handed in must be retained by students. Assignments will be returned electronically. It is also advisable to keep written work after it has been assessed and returned.
Extensions
Extensions are granted at the discretion of Course Coordinator. Extensions beyond the due date are usually only granted in the case of significant unforeseen incapacity.
Students who wish to apply, should apply for an extension by completing the online Application for Extension form (found at . The application must give details of the extent and length of the student’s incapacity, and the length of extension that is requested. The Course Coordinator will email students with the outcome of their request as soon as possible after it is received.
If an extension is granted, it is only provisional until formal evidence of the incapacity is received. Students must attach this evidence as well as the email granting the extension to the assignment when it is submitted. The evidence submitted must be consistent with details provided in the email requesting the extension. If the details of the request for an extension, and the medical or other evidence verifying the reason for the extension are not consistent in all respects, the extension may be nullified, and the Course Coordinator may in their discretion decide not to accept the assignment, or impose a penalty for late submission.
You can apply for an extension at any time before the due date for an assignment. However, you are strongly advised to make your application as soon as the need becomes apparent. Delay in making an application obviously involves the risk that there will be insufficient time to complete the assignment (with consequential loss of marks) if the application for extension is refused.
If an application is made within one day of the due date, or after the due date has expired, it will not be granted unless the Course Co-ordinator is satisfied:
• that the circumstances warrant an extension; and
• there was no unreasonable delay in making the application.
If your request for an extension is rejected, you can appeal in writing to the Student Appeals Committee, via the Secretary to the Student Appeals Committee, within seven days of notification of rejection by the Course Co-ordinator.
Late Submission
5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc.
Word Length
Assignments which exceed the allocated length (word length or page limit) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie if a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated including all footnotes and headings within the text but excluding cover page information. Quotations and all referencing information are included in the word count.Course Grading
Grades for your performance in this course will be awarded in accordance with the following scheme:
M10 (Coursework Mark Scheme) Grade Mark Description FNS Fail No Submission F 1-49 Fail P 50-64 Pass C 65-74 Credit D 75-84 Distinction HD 85-100 High Distinction CN Continuing NFE No Formal Examination RP Result Pending Further details of the grades/results can be obtained from Examinations.
Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.
grade details available at HD
D
C
PASS
FAIL
General description
Outstanding or exceptional work in terms of understanding, interpretation and presentation A very high
standard of work
which
demonstrates
originality and
insightDemonstrates a
high level of
understanding and
presentation and a
degree of
originality and
insightSatisfies the
minimum
requirementsFails to satisfy the
minimum
requirementsReading
Strong evidence of independent reading beyond core texts and materials Evidence of
reading beyond
core texts and
materialsThorough
understanding of
core texts and
materialsEvidence of having
read core texts
and materialsVery little evidence
of having read any
of the core texts
and materialsKnowledge of topic
Demonstrates
insight, awareness
and understanding
of deeper and
more subtle
aspects of the
topic. Ability to consider topic in
the broader
context of the
disciplineEvidence of an
awareness and
understanding of
deeper and more
subtle aspects of
the topicSound knowledge
of principles and
conceptsKnowledge of
principles and
concepts at least
adequate to
communicate
intelligently in the
topic and to serve as a basis for
further studyScant knowledge
of principles and
conceptsArticulation of argument
Demonstrates
imagination or flair.
Demonstrates
originality and
independent
thoughtEvidence of
imagination or flair.
Evidence of
originality and
independent
thoughtWell-reasoned
argument based
on broad evidenceSound argument
based on evidenceVery little evidence
of ability to
construct coherent
argumentAnalytical and evaluative skills
Highly developed
analytical and
evaluative skillsClear evidence of
analytical and
evaluative skillsEvidence of
analytical and
evaluative skillsSome evidence of
analytical and
evaluative skillsVery little evidence
of analytical and
evaluative skillsProblem solving
Ability to solve
very challenging
problemsAbility to solve
non-routine
problemsAbility to use and
apply fundamental
concepts and skillsAdequate
problem-solving
skillsVery little evidence
of problem-solving
skillsExpression and presentation appropriate to the discipline
Highly developed
skills in expression
and presentation.Well developed
skills in expression
and presentation.Good skills in
expression and
presentation.
Accurate and
consistent
acknowledgement
of sources.Adequate skills in
expression and
presentation Rudimentary skills
in expression and
presentation.Inaccurate and
inconsistent
acknowledgement
of sources.
Final results for this course will be made available through .
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Student Feedback
The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.
SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.
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Student Support
- Academic Integrity for Students
- Academic Support with Maths
- Academic Support with writing and study skills
- Careers Services
- Library Services for Students
- LinkedIn Learning
- Student Life Counselling Support - Personal counselling for issues affecting study
- Students with a Disability - Alternative academic arrangements
The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the 成人大片.
Practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.
For more information please check out the Writing Centre website at
Lex Salus Program
Lex Salus was founded in 2013 by Adelaide Law School Wellbeing officers Ms Corinne Walding, Ms Kellie Toole and Dr Mark Giancaspro and . Lex Salus is an initiative of the Adelaide Law School aimed at raising law student awareness of the importance of mental, physical and nutritional health across all year levels of the degree, and of the various counselling, disability and equity services both within and outside the University that can provide help. Research shows that law students, both in Australia and in many jurisdictions around the world, experience the highest levels of stress, anxiety and depression out of any other discipline. Many do not get enough sleep, maintain a healthy diet or achieve a realistic work/life balance. Making matters worse, they are unwilling or afraid to speak up for fear of feeling 'weak' or because of the negative stigma that attaches to seeking help. Lex Salus is dedicated to tackling these problems head-on.
Counselling Service
The University Counselling Service provides a free and confidential service to all enrolled students. We encourage you to contact the Counselling service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. More information is available at /counselling_centre/. -
Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
- Academic Credit Arrangements Policy
- Academic Integrity Policy
- Academic Progress by Coursework Students Policy
- Assessment for Coursework Programs Policy
- Copyright Compliance Policy
- Coursework Academic Programs Policy
- Intellectual Property Policy
- IT Acceptable Use and Security Policy
- Modified Arrangements for Coursework Assessment Policy
- Reasonable Adjustments to Learning, Teaching & Assessment for Students with a Disability Policy
- Student Experience of Learning and Teaching Policy
- Student Grievance Resolution Process
Plagiarism and other forms of cheating
Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.
Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.
Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer. -
Fraud Awareness
Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student鈥檚 disciplinary procedures.
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