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
This assessment consists of TWO parts, PART A and PART B.
• PART A is an essay question.
• PART B is a problem-solving question.
Each part has two questions, and you must choose to answer one question from each part. You must answer BOTH parts.
PART A - Essay Question
Question 1
‘By creating a Community of unlimited duration, having its own institutions, its own personality, its own legal capacity and capacity of representation on the international plane and, more particularly, real powers stemming from a limitation of sovereignty or a transfer of powers from the States to the Community, the Member States have limited their sovereign rights, albeit within limited fields, and have thus created a body of law which binds both their nationals and themselves.’
(Flaminio Costa v ENEL (Case C-6/64) [1964] ECR 585, 593)
Critically evaluate the contractarian argument for the development of the principle of supremacy
Question 2 Critically analyse the prohibition against sex discrimination in employment with reference to primary and secondary legislation and case law of the Court of Justice of the European Union (CJEU).
PART B – Problem-solving Question.
Question 1.
Milessa is a South African national and fully qualified lawyer. Milessa gained her legal qualifications in The Netherlands and has also gained citizenship of The Netherlands. Her grandmother is Spanish, and she has always wanted to spend some time in her country of origin, Spain. Milessa decides to move to the Spanish capital, Madrid, as it is experiencing a major economic boom.
Advise Milessa of her rights under EU law in each of the following situations.
Your answers should make use of relevant case law and legislation.
When she arrives in Madrid the Spanish Association of Lawyers tells Milessa that her Dutch law qualifications are not recognised in Spain and consequently she is only eligible for a job as a legal assistant and not as a lawyer.
. Milessa applies for many different types of jobs in Madrid, when she is contacted by the Spanish immigration authorities who tell her that she must leave the country within seven days or risk being forcibly deported because her command of the Spanish language is too poor for her to find any kind of wellpaid employment that would enable her to be self-supporting.
Whilst attempting to start her legal career in Spain, Milessa has started a part time job. Milessa has been contacted again by the Spanish immigration authorities and been told to provide the following: financial proof that she has enough money to support herself in Spain, as the part-time job will not pay her enough to allow for minimum subsistence.
The city of Madrid has a free bike hire scheme for workers in the city. Milessa applies to hire a free bicycle but is told the scheme is only open to Spanish nationals.
Milessa secures a job interview in Genoa just as the public health authorities lockdown Madrid because of highly contagious infection. Residents are not permitted to leave the city, and no unauthorised persons may enter. Milessa argues that because she is not Spanish this does not apply to her as it will violate her rights to freedom of movement as a national of an European Union Member State.
Question 2.
Ardenland and Brexitania are the two newest Member States of the European Union.
Unfortunately, since joining the EU, trade in Brexitania has fallen slightly, so the government of Brexitania has launched a ‘Buy Brexit’ campaign to encourage consumers in Brexitania to buy goods produced in Brexitania. You are the Chief Legal Officer in Ardenland, and the government of Ardenland is considering a similar strategy in order to compete effectively with Brexitania.
Advise the government of the lawfulness of the ‘Buy Brexit’ campaign under EU law.
Certain ‘Euroscepticseptics` in the government of Ardenland have said joining the European Union has obliterated the sovereignty of Ardenland and they are powerless to address aggressive protectionist measures taken by other EU Member States.
As Chief Legal Officer, explain to the government of Ardenland what, if anything, they can do under EU law, when a Member State breaches EU law.
The same ‘Eurosceptics’ in the government of Ardenland have claimed that the European Union is a voluntary organisation and thus has no supranational authority to compel compliance with European Union law.
As Chief Legal Officer, explain to the government of Ardenland if there are any consequences should a Member State breach EU law.
The European Commission has proposed legislation regarding air quality measures in the capital cities of the Member States. It has not consulted with the Committee of the Regions, and the representative to the Committee of the Regions for Ardenland is quite upset.
Advise the representative if this is lawful under EU law, and if not, what actions can be taken.
e. Brexitania is experiencing a severe shortage of skilled construction workers, so it organises a labour exhibition, which it advertises to various companies in the construction industry in Ardenland. Ardenland construction companies can use this as an opportunity to advertise and to make business contacts. However, Brexitanian law requires that in order to underwrite this conference, stand holders must be of Brexitanian nationality and have a Brexitanian registered subsidiary. Representatives of the Ardenland construction industry have come to you, as Chief Legal Officer to advise them if these measures are lawful under EU law.
