Law School Module Details

The information contained in this module specification was correct at the time of publication but may be subject to change, either during the session because of unforeseen circumstances, or following review of the module at the end of the session. Queries about the module should be directed to the member of staff with responsibility for the module.
Title LAW OF THE EUROPEAN SINGLE MARKET
Code LLAW104
Coordinator Dr J Zrilic
Law
J.Zrilic@liverpool.ac.uk
Year CATS Level Semester CATS Value
Session 2021-22 Level 7 FHEQ Whole Session 15

Aims

This module seeks to introduce students to the core legal principles underpinning the European Single Market.  The concepts, issues and problems developed and identified within the framework of European economic integration have exercised a decisive influence not only upon the development and character of the European Union, but upon the broader system of (bilateral and multilateral) international economic law, and indeed have provided a model (or lesson) for many other systems of regional economic integration across the world.  This module will equip students with the knowledge and skills to understand and critically assess the changing European approach to the integration of national markets and the regulation of cross-border trade in its complex economic, political, social and constitutional contexts. 
The module consists of a structured series of topics and exercises designed to develop students’ understanding of the core tenets of Single Market law an d policy.  Students will work individually and in on-line discussion on a range of tasks exploring the following main issues: fiscal barriers to the free movement of goods; non-fiscal barriers to the free movement of goods; the free movement of services (including the main features of the Services Directive); the role of Community harmonisation and its relationship to regulatory competition between Member States.


Learning Outcomes

(LO1) At the end of the module, students should be able to:

(LO2) - demonstrate thorough knowledge of the legal principles underpinning free movement and harmonisation within the Single Market;

(LO3) - demonstrate critical awareness of the broader constitutional, policy and cultural implications of economic integration;

(LO4) - locate and handle appropriate legal and non-legal materials;

(LO5) - carry out research in the field of the Single Market.

(LO6) Develop knowledge about the EU institutions, particuarly the Court of Justice of the European Union.

(S1) Critical analysis appropriate for advanced level masters study.

(S2) Problem-solving skills applicable to complex theoretical and practical contexts

(S3) Time management and prioritisation skills by working to deadlines.

(S4) Individual and group communication skills by presentations in an online environment (e.g. the virtual classroom).

(S5) Take responsibility for independent learning agenda.

(S6) Reading, analysing and synthesising different viewpoints, becoming familiar with different viewpoints and presenting findings/conclusions in clear, comprehensible, structured format.

(S7) Critical skills with regard to the merits of particular arguments and making reasoned choices between alternative solutions or arguments in all modules and dissertation.


Syllabus

 

1
Week 1 – Fiscal Barriers to Free Movement of Goods: customs duties and charges having equivalent effect under Article 25 EC; discriminatory internal taxation under Article 90 EC

Expected Responses: DQI + 3-5 DQF
Study packs to include cases and journal articles, as well as key issues for consideration.
Assignment: HA – writing a short report on the concepts of direct and indirect discrimination

Week 2 – Non-Fiscal Barriers to Free Movement of Goods I: quantitative restrictions and measures having equivalent effect under Article 28 EC, focusing on caselaw pre-Keck

Expected Responses: DQI + 3-5 DQF
Study packs to include cases and journal articles, as well as key issues for consideration.
Assignment: HA – writing a short report on the compatibility of double regulatory burdens with Article 28 EC

Week 3 – Non-Fiscal Barriers to Free Movement of Goods II: quantitative restrictions and measure s having equivalent effect under Article 28 EC, focusing on caselaw post-Keck

Expected Responses: DQI + 3-5 DQF
Study packs to include cases and journal articles, as well as key issues for consideration.
Assignment: HA – writing a short report on the compatibility of selling arrangements with Article 28 EC

Week 4 – Non-Fiscal Barriers to Free Movement of Goods III: justifications for barriers to free movement of goods under Article 30 EC and mandatory requirements; private barriers to free movement of goods

Expected Responses: DQI + 3-5 DQF
Study packs to include cases and journal articles, as well as key issues for consideration.  
Assignment: HA – writing a short report on the Member State’s obligations in respect of private barriers to the free movement of goods

Week 5 – Free Movement of Services I: definition of economic services under Article 50 EC; barriers to free movement of services u nder Article 49 EC; justifications for barriers to free movement of services under Article 46 EC and imperative requirements; private barriers to free movement of services

Expected Responses: DQI + 3-5 DQF
Study packs to include cases and journal articles, as well as key issues for consideration.
Assignment: IP (interim)

Week 6 – Free Movement of Services II: origin and evolution of the Services Directive; final text of the Services Directive and its various controversies

Expected Responses: DQI + 3-5 DQF
Study packs to include cases and journal articles, as well as key issues for consideration.
Assignment: Begin the collection of materials for the final assignment from your allocated topic

Week 7 – Completion of the Internal Market I: relationship between negative and positive harmonisation; competence to harmonise under Article 95 EC; different forms of Community harmonisation, and their relationship to free movement of goods / services

Expected Responses: DQI + 3-5 DQF
Study packs to include cases and journal articles, as well as key issues for consideration.  
Assignment: IP (interim)

Week 8 – Completion of the Internal Market II: regulatory competition theories and their relevance to the functioning of the Internal Market

Expected Responses: DQI + 3-5 DQF
Study packs to include cases and journal articles, as well as key issues for consideration.
Assignment: IP (final)

Assessment Methods
Contribution to virtual classroom discussion; written assignments; individual project – interim report and final project.


Teaching and Learning Strategies

Teaching Method 1 - Online Discussions Description: Weekly Online Discussions and Assignments in Virtual Classroom


Teaching Schedule

  Lectures Seminars Tutorials Lab Practicals Fieldwork Placement Other TOTAL
Study Hours             0
Timetable (if known)              
Private Study 150
TOTAL HOURS 150

Assessment

EXAM Duration Timing
(Semester)
% of
final
mark
Resit/resubmission
opportunity
Penalty for late
submission
Notes
             
CONTINUOUS Duration Timing
(Semester)
% of
final
mark
Resit/resubmission
opportunity
Penalty for late
submission
Notes
Individual Project There is a resit opportunity. Standard UoL penalty applies for late submission. This is not an anonymous assessment. Assessment Schedule (When) :Whole Session  Week 4 and 6         
Final Project There is a resit opportunity. Standard UoL penalty applies for late submission. This is not an anonymous assessment. Assessment Schedule (When) :Whole session  Week 8    30       
Discussion Question There is a resit opportunity. Standard UoL penalty applies for late submission. This is not an anonymous assessment. Assessment Schedule (When) :Whole Session  Weeks 1-8    15       
Discussion Question Follow-on There is a resit opportunity. Standard UoL penalty applies for late submission. This is not an anonymous assessment. Assessment Schedule (When) :Whole Session  1-8 weeks    15       
Hand-in Assignment There is a resit opportunity. Standard UoL penalty applies for late submission. This is an anonymous assessment. Assessment Schedule (When) :Whole Session  Weeks 2,3,5,7    35       

Recommended Texts

Reading lists are managed at readinglists.liverpool.ac.uk. Click here to access the reading lists for this module.

Other Staff Teaching on this Module

Ms LE McManus School of Law and Social Justice L.E.Mcmanus@liverpool.ac.uk

Modules for which this module is a pre-requisite:

 

Pre-requisites before taking this module (other modules and/or general educational/academic requirements):

 

Co-requisite modules:

 

Programme(s) (including Year of Study) to which this module is available on a required basis:

 

Programme(s) (including Year of Study) to which this module is available on an optional basis:

 

Additional Programme Information