01/13/21 EU Constitutional and Institutional Law | University of Kent EU Constitutional and Institutional Law View Online 148 items Reading materials and sources (36 items) Core reading materials (1 items) Students taking this module should acquire: An up to date recommended core textbook; and A published book of statutory materials on EU Law Recommended textbook (3 items) For 2014/15, students are recommended to acquire one of the following core reference textbooks, which provide a sound introductory analysis of the areas of EU legal study addressed by this module. Copies of these books are available on short term loan in the Templeman Library: European constitutional law - Schu ̈ tze, Robert, 2012 Book | Suggested for student purchase | This is a clear and engaging textbook, specifically focusing on most of the legal issues underpinning this particular law module. Draws from broader perspectives relating to the subject, particularly with regard to consideration of comparative federalism. Please note that this is an e-book in the University Library. catalogue: https://catalogue.kent.ac.uk/Record/842967 European Union law: text and materials - Damian Chalmers, G. T. Davies, Giorgio Monti, 2014 Book | Suggested for student purchase | This textbook is more interdisciplinary in nature, devoting considerable space to the theoretical and scholarly discourse in the field. It has the advantage of drawing from excerpts of a range of materials and serves as a possible foundational textbook for the twin core European law module LW858 Foundations of EU Common Market and Economic Law. EU law: text, cases, and materials - P. P. Craig, G. De Burca, 2015 Book | Suggested for student purchase | A classic, leading textbook on EU Law. It has the advantage of drawing from excerpts of a range of materials and serves as a possible 1/26
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01/13/21 EU Constitutional and Institutional Law | University of Kent
EU Constitutional and Institutional Law View Online
148 items
Reading materials and sources (36 items)
Core reading materials (1 items)
Students taking this module should acquire:
An up to date recommended core textbook; and
A published book of statutory materials on EU Law
Recommended textbook (3 items)For 2014/15, students are recommended to acquire one of the following core referencetextbooks, which provide a sound introductory analysis of the areas of EU legal studyaddressed by this module. Copies of these books are available on short term loan in theTempleman Library:
European constitutional law -Schutze, Robert, 2012
Book | Suggested for student purchase | This is a clear and engaging textbook,specifically focusing on most of the legal issues underpinning this particular law module.Draws from broader perspectives relating to the subject, particularly with regard toconsideration of comparative federalism. Please note that this is an e-book in theUniversity Library. catalogue: https://catalogue.kent.ac.uk/Record/842967
European Union law: text and materials - Damian Chalmers, G. T. Davies, Giorgio Monti,2014
Book | Suggested for student purchase | This textbook is more interdisciplinary innature, devoting considerable space to the theoretical and scholarly discourse in the field.It has the advantage of drawing from excerpts of a range of materials and serves as apossible foundational textbook for the twin core European law module LW858 Foundationsof EU Common Market and Economic Law.
EU law: text, cases, and materials - P. P. Craig, G. De Burca, 2015Book | Suggested for student purchase | A classic, leading textbook on EU Law. It has
the advantage of drawing from excerpts of a range of materials and serves as a possible
01/13/21 EU Constitutional and Institutional Law | University of Kent
foundational textbook for the twin core European law module LW858 Foundations of EUCommon Market and Economic Law.
Statutory materials on EU Law (3 items)In addition to acquiring a textbook, students are strongly recommended to acquire apublished book of EU statutory materials. Please note that the Templeman Library doesnot stock statutory materials books. The statutory materials book recommended for thismodule is either:
Blackstone's EU treaties & legislation 2014-2015 - 2014Book | Students need to purchase their own copy of this - the library does not hold
them
European Union Legislation 2012-2013 (Routledge Student Statutes) - J. KennerBook | Suggested for student purchase | Students need to purchase their own copy of
this - the library does not hold them.
Students should ensure that any book of EU statutory materials they acquire contains anupdated consolidated version of the EU treaty framework, as amended by the LisbonTreaty 2007.
Selected works on EU Constitutional and Institutional Law (12 items)
Principles of European constitutional law - Armin von Bogdandy,Jurgen Bast, 2011
Book | Core (Must Read)
The evolution of EU law - Craig, P. P., DeBurca, G., 2011
Book | Core (Must Read)
The foundations of European Union law: an introduction to the constitutional andadministrative law of the European Union - Trevor C. Hartley, 2014
Book | Core (Must Read)
The constitutional law of the European Union - Lenaerts, Koen, Nuffel, Piet Van, Lenaerts,Koen, Bray, Robert, c2005
Book | Core (Must Read)
EU constitutional law: an introduction - Rosas, Allan, Armati, Lorna, 2012Book | Core (Must Read)
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Article
"European constitutional settlement", an ever closer union, and the Treaty of Lisbon:democracy or relevance? European Law Review - J Snell, 2008
Article
Journals and Yearbooks on EU Law (17 items)The main law journals and yearbooks on EU Law in the English language, copies of whichare stocked in the University Library and several of which are accessible via the Library’s‘LawLinks’ website (http://www.kent.ac.uk/lawlinks/), include the following :
Cambridge Yearbook of European Legal StudiesJournal
Common Market Law ReviewJournal
European Constitutional Law ReviewJournal
European Energy and Environmental Law ReviewJournal
European Law JournalJournal
European Law ReviewJournal
European Public LawJournal
Legal issues of European integrationJournal
Maastricht Journal of European and Comparative LawJournal
Yearbook of European LawJournal
European Human Rights Law ReviewJournal
International and comparative law quarterlyJournal
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Hard copies of EU Legislation are contained in the University Library, which stocks theOfficial Journal of the EU. The Library houses an official European Documentation centreand contains a good range of EU official legislative and policy documentation.
Note on impact of Lisbon Treaty 2007:
Students should note that, with effect from 1 December 2009, the EU treaty frameworkwas substantially altered by virtue of entry into force of the amending 2007 Lisbon(Reform) Treaty. Specifically, the EU's constitutional framework is now composed of thefollowing three founding treaties:
Treaty on European Union, as amended (TEU)
Treaty on the Functioning of the European Union (TFEU)
European Atomic Energy Community Treaty (EAEC)
It should be noted that the TFEU has effectively replaced the former Treaty of Rome 1957(or EC Treaty). The so-called three pillar system of the Union has now been terminated, sothat the legal order of the EU is now unified, each of the founding treaties havingequivalent legal status.
It should also be noted that the Lisbon Treaty has effected a fundamental renumbering ofthe EU treaty provisions. This means that the nomenclature of the EU treaty frameworkhas changed a number of times since the inception of the Union the 1950: namely, theoriginal numbering of the Treaty of Rome 1957 (or European Economic Community Treaty(EEC)), followed by substantial amendments and numbering changes by virtue of theSingle European Act 1986, Treaty on European Union 1992, Treaty of Amsterdam 1997,Treaty of Nice 2001 and most recently by the Treaty of Lisbon 2007. Blackstone's EUTreaties and Legislation contains tables of equivalences concerning current and previousnumberings of EU treaty provisions.
Further information on the impact of Lisbon may be found by consulting the reading listabove in section A.6.2 and/or by consulting the EU's official website 'europa' (see sectionA.6.6 below).
EU Official website ‘Europa’ (1 items)
General information concerning the activities and policies of the European Union and its
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institutions may be accessed online via the EU's official 'europa' website:
http://europa.eu/index_en.htm
The EU's official website (http://europa.eu/index_en.htm) contains a wealth of general andspecific information about the Union. See in particular its 'Europe at a glance' weblink: http://europa.eu/abc/index_en.htm
EU-related news sources (1 items)
The following news journal sources, in additional to the standard range of broadsheetjournals, may be of interest for the purposes of keeping abreast of current politicaldevelopments and issues concerning the EU:
www.euobserver.com (news about general political developments in the EU and theMember States)
www.euractiv.com (detailed account of political and legal developments)
www.euronews.eu (also available at Sky Channel 509)
EU Law Blog: http://eulaw.typepad.com/
ECJ Blog: http://www.ecjblog.com/
European Voice (weekly journal available online via Library)
New Europe (www.neurope.eu)
The Economist newsjournal (available online via University Library's catalogue)
Europe's World online news journal (http://www.europesworld.org/NewEnglish/BottomMenu/AboutEuropesWorld/tabid/783/language/en-US/Default.aspx)
General background reading on the EU (7 items)For students interested in undertaking some general background reading on the EuropeanUnion prior to and/or during the module, students may find it useful to consult thefollowing literary and web sources for a general overview of the EU’s aims and policies,institutions, historical background and evolution, and broader international context. Givenits relatively brevity and legal focus, this module will not be able to consider in any detailthe broader political and historical background, developments and context of the EU. Thefollowing selected general sources may be of interest in this regard:
01/13/21 EU Constitutional and Institutional Law | University of Kent
European Union law: text and materials - Damian Chalmers, G. T. Davies, Giorgio Monti,2014
Book | Core (Must Read) | Ch 3
EU statutory materials:
Treaty on European Union (TEU): Articles 4-5, 9-12 TEU
Treaty on the Functioning of the EU (TFEU): Articles 2-6, 114, 288-299, 352 TFEU
Protocol (No1) on the Role of National Parliaments in the EU
Protocol (No2) on the Application of the Principles of Subsidiarity and Proportionality
Protocol (No25) on the Exercise of Shared Competence
Declaration (No18) in relation to the delimitation of competences
Declaration (No42) on Article 352 of the Treaty on the Functioning of the EU
Regulation 182/2011 laying down the rules and general principles concerning mechanismsfor control by Member States of the Commission's exercise of implementing powers OJ2011 L55/13
Article 5a of Decision 1999/468 laying down procedures for the exercise ofimplementing powers conferred on the Commission OJ 1999 L184/23, as amended('Comitology' Decision)
Policy communications: (1 items)
Laeken Declaration of the European Council in December 2001
COM(2009)673 Commission Communication: Implementation of Art.290 TFEU, 9.12.2009
European Union Act 2011, especially s.18 (http://www.legislation.gov.uk/ukpga/2011/12/pdfs/ukpga_20110012_en.pdf)
Germany
Selected judgments of the German Constitutional Court (Bundesverfassungsgericht(BVerfG)) available for inspection in English in the Common Market Law Reports (CMLR) viaWestlaw (see University's LawLinks website):
International Handelsgesellschaft ('Solange I' judgment) [1974] 2 CMLR 540
Re Wünsche Handelsgesellschaft ('Solange II judgment') [1987] 3 CMLR 225
Brunner ('Maastricht judgment') [1994] 1 CMLR 57
Re Ratification of the Lisbon Treaty ('Lisbon judgment') [2010] 3 CMLR 276
Re Honeywell [2011] 1 CMLR 1067
See also Articles 23-25 of the German Basic Law (Grundgesetz):
Available in English translation at: https://www.btg-bestellservice.de/pdf/80201000.pdf
01/13/21 EU Constitutional and Institutional Law | University of Kent
Selected cases of the Court of Justice of the EU (CJEU): (2 items)
General on national remedies:
Case 13/68 SpA Salgoil [1968] ECR Sp Ed. 453
Case 33/76 Rewe-Zentralfinanz eG at al. [1976] ECR 1989
Case 199/82 San Giorgio [1983] ECR 3595
Case C-271/91 Marshall (2) v SSWAHA [1993] ECR I-4367
Case C-213/89 R v Sec.of State for Transport, ex parte Factortame Ltd [1990] ECR I-2433
Case C-231/96 Edis v Ministero delle Finanze [1998] ECR I-4951
Case C-432/05 Unibet [2007] ECR I-2272
EU remedy in respect of state liability:
Joined Cases C-6,9/90 Francovich v. Italian State[1991] ECR I-5357
Joined Cases C-178-9/94, 188-190/94 Dillenkofer and others v. Federal Republic ofGermany [1996] ECR I-4845
Case C-392/93, R. v. HM Treasury, ex parte British Telecommunications plc [1996] ECRI-10631
Joined Cases C-46 & 48/93 Brasserie du Pêcheur SA v. Germany, and R. v. Secretary ofState for Transport, ex parte Factortame Ltd and others [1996] ECR I-1029.
Case C-224/01 Köbler v Austria [2003] 3 CMLR 28
EU remedy in respect of private liability:
Case C-453/99 Courage Ltd v Crehan [2001] ECR I-6297
Case C-295-8/04 Manfredi v Lloyd Adriatico [2006] ECR I-6619
Topic 9: The EU Constitutional Order and the Individual I: Human rights
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(4 items)SEMINAR 9 (Week 11)
Required reading: (4 items)Textbook: Read at least one of the following:
European constitutional law -Schutze, Robert, 2012
Book | Core (Must Read) | Ch12
EU law: text, cases, and materials - P. P. Craig, G. De Burca, 2015Book | Core (Must Read) | Chs11
European Union law: text and materials - Damian Chalmers, G. T. Davies, Giorgio Monti,2014
Book | Core (Must Read) | Ch 6
EU statutory and other materials:
Treaty on European Union (TEU): Arts. 2, 6, 7, 9-11 TEU
Treaty on the Functioning of the EU (TFEU): Arts. 15-16, 18-25 TFEU
Charter of Fundamental Rights of the EU 2000
Protocol (No8) relating to Article 6(2) TEU on the accession of the Union to the ECHR
Protocol (No30) on the application of the Charter of Fundamental Rights of the EU toPoland and the UK
Discussion document of the Court of Justice of the EU on certain aspects of the accessionof the EU to the ECHR (5.5.2010) and the Joint Communication from the Presidents of theCJEU and European Court of Human Rights (24.1.2011), both documents available at: http://curia.europa.eu/jcms/jcms/P_64268/
Regulation 211/2011 on the citizens' initiative (OJ 2011 L65/1)
Regulation 1049/2001 regarding public access to European Parliament, Council andCommission (OJ 2001 L145/43)
The European Commission has proposed amendments to this Regulation: COM(2011)137(see on Pre-Lex website: http://ec.europa.eu/prelex/detail_dossier_real.cfm?CL=en&DosId=200299)
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The Court of Justice and judicial activism - T Tridimas, 1996Article
The European Court, judicial objectivity and the constitution of the EU - T Hartley, 1996Article
The transnational politics of judicialization. Van Gend en Loos and the making of the EUpolity - A Vauchez, 2010
Article
Topic 4: Foundational Legal Principles I: Direct and indirect effects ofEU law Topic 5: Foundational Legal Principles II: Supremacy of EU law (2items)
Direct effect, primacy and the nature of the legal order - B De WitteChapter
When worlds collide: competing visions of the relationship between direct effect andsupremacy - M Dougan, 2007
Article
Topic 6: Preliminary Ruling Procedure (1 items)
In the Court(s) we trust?” On the need for hierarchy and differentiation in the preliminaryruling procedure - J Komarek, 2007
Article
Topic 7: Enforcement of EU Law I: Direct actions before the Court ofJustice Topic 8: Enforcement of EU Law II: Remedies before nationalcourts and tribunals (3 items)
The coming of age of infringement proceedings - L Prete, B Smulders, 2010Article
Locus standi rule for challenges to regulatory acts by private applicants: the new Article263 - S Balthasar, 2010
Article
The vicissitudes of life at the coalface: remedies and procedures for enforcing Union lawbefore the national courts - M Dougan
Chapter
Topic 9: The EU Constitutional Order and the Individual I: Human Rights Topic 10: The EU Constitutional Order and the Individual II: EUCitizenship and constitutional impact of the EU (8 items)