European Union Law Problem Question and Analysis

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As part of the formal assessment for the programme you are required to submit a European Union Law assignment. 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

Guidance Your assignment should include: a title page containing your student number, the module name, the submission deadline and the exact word count of your submitted document; the appendices if relevant; and a reference list (see referencing section for more information).

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. 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. Maximum word count: 4000 words

Please note the following: Students are required to indicate the exact word count on the title page of the assessment. The word count includes everything in the main body of the assessment (including in text citations and references). The word count excludes numerical data in tables, figures, diagrams, footnotes, reference list and appendices. ALL other printed words ARE included in the word count. Please note that exceeding the word count by over 10% will result in a 10-percentage point deduction.

Assignment Task This assessment consists of TWO questions, question one and question two. You must answer BOTH parts.

Question 1 - Essay Question The development of state liability in Francovich v Italy (1991) C-6/90 revolutionised private enforcement. Discuss, with reference to relevant Court of Justice of the European Union (CJEU) case law, the extent to which the above statement can be said to be true.

Question 2 - Problem Question The Minister for the Economy in the United Kingdom (UK) is very concerned about the UK’s economy. The Minister is considering a number of options. You are the head of the legal research team for the UK Ministry of the Economy and will need to draft advice on the follow proposals from the Minister.

a) The Minister proposes the United Kingdom join the European Free Trade Association. What would be required to join the European Free Trade Association and what impact would this have on parliamentary sovereignty? (10 marks)

b) The Minister proposes the United Kingdom join the European Economic Area. What would be required to join the European Economic Area and what impact would this have on imports into the United Kingdom and exports from the United Kingdom to the European Economic Area? (10 marks)

c) The Minister proposes the United Kingdom join the European Union but with derogations to the eurozone. What would be required to join the European Union, but with derogations? (10 marks)

d) The Maltese government has expressed interest in some UK produced security software. If the Minister for the Economy can secure a trade deal with Malta it will be worth billions of pounds to the UK economy. Can he negotiate a tariff-free deal with Malta?

) The National Health Service in the United Kingdom has a serious staffing crisis. The Minister for Labour in Sweden has told the Minister for the Economy that Sweden has surfeit of Healthcare Professionals, many of whom are working in Ireland. The Minister of the Economy wants to understand how European Union law permits this.

The Minister for the Economy reasons that because Ireland is very close to the United Kingdom and speaks English, that any Swedish Healthcare Professionals working in Ireland can also come and work in the National Health Service of the United Kingdom. Advise the Minister of the legality of this and how it might be possible to facilitate the entry of Swedish Healthcare Professionals to the United Kingdom from Ireland.


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