Utilise analytical and problem-solving skills under time constraints to identify issues of EU law, selecting relevant legal principles to reach logical conclusions

LLBQLD011

European Union Law Time Constrained Assessment

Date for Submission: Please refer to the timetable on iLearn

Assignment Brief

As part of the formal assessment for the programme you are required to submit a TIME CONSTRAINED ASSESSMENT. 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

Your assignment should include: a title page containing your student number, the module name, the submission deadline and a word count; the appendices if relevant; and a reference list in OSCOLA. 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.

Maximum word count: Max 4,000 words - Typically 3-4,000 words

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.

Assignment Instructions

Instructions:

This assessment should take you no longer than 3-4 hours and can be completed at any point during 24-hour window. Please ensure you give yourself adequate time to upload your completed paper to Turnitin.

For further guidance on the TCA assessment please click on this link:

https://vimeo.com/398870288/2283356462

INSTRUCTIONS SPECIFCALLY FOR THIS PAPER HERE

This paper contains THREE PARTS.

Candidates must answer THREE questions, ONE from each Part A, B, and C.

Questions

Choose one question. Question 1

PART A

(30 marks)

Critically analyse the two main approaches to determining the court of first instance for the purposes of making a preliminary reference.

Your answer should make reference to relevant case law and legislation.

Question 2

Van Gend en Loos v Nederlandse Administratie der Belastingen (1963) Case 26/62 was a landmark case of the European Court of Justice.

How did this case affect the relationship between Community law and the national law of Member States?

Your answer should make reference to relevant case law and legislation.

Choose one question. Question 1

PART B

(30 marks)

The European Union has passed a (fictional) Regulation 2020/12 on health and safety at work that states all manual labourers must be supplied with safety boots by their employer.

Bjorn is employed in a warehouse in Sweden. His employer has a cash flow issue and so is holding off on purchasing safety boots for all of the warehouse staff. Bjorn continues to wear his trainers to work and one day the coupling hitch from a trailer slips and falls on his foot, breaking several bones.

Advise Bjorn of his rights and remedies under EU law.

(10 marks)

Subsequently the European Union recalls the regulation and instead issues Directive 2020/12 that all manual labourers must be supplied with safety boots by their employer.

The Directive is to be implemented by 31 December 2020.

Advise Bjorn of his rights and remedies under EU law(10 marks) Bjorn has sought advice from his trade union representative who tells him that Sweden has not implemented the Directive until 01 March 2021.

Advise Bjorn of his rights under EU law.

(10 marks)

Question 2

In Poland, the Moral Majority Party has won a landslide victory in the national elections. This party is a coalition of faith groups and its principle focus is on conservative family policies, which include:

Condoms are only available for married people and only as prescribed by a doctor;

(10 marks)

All shops in Poland must be closed on Sunday;

(10 marks)

Prohibition on the importation, selling and marketing of products for sexual pleasure.   

(10 marks)

As the expert in European Union Law for the Moral Majority Party, explain how the party can achieve their aims whilst still complying with European Union law.

Choose one question.

Question 1

PART C

(40 marks)

A referendum has occurred in the (fictional) EU Member State of Brexitania. It votes to leave the European Union, makes the necessary procedural requirements and the EU accepts this withdrawal.

However, Ardenland, a (fictional) autonomous island off the coast Brexitania then holds its own referendum. With their own distinct language, and an oftentimes conflictual history with Brexitania, the residents of Ardenland narrowly voted in favour of full scale independence from Brexitania.

With a heavy heart, the Prime Minister and Queen of Brexitania have accepted the results of the referendum and the now respective governments of Ardenland and Brexitania are preparing for a peaceful secession.

The government of Ardenland is very keen to achieve membership in the European Union as part of its transition to independence.

You are part of a team of experts from the Council of Europe and the European Commission and your role is to advise the government of Ardenland what it needs to do in order to accede to membership in the European Union.

Question 2

Critically analyse the Court of Justice of the European Union’s distinction between rights for workers and EU citizens.

Your answer should make use of relevant legislation and case law.

End of questions

Guidelines

You MUST underpin your analysis and evaluation of the key issues with appropriate and wide ranging academic research and ensure this is referenced using the OSCOLA system(s).

The My Study Skills Area on iLearn contains useful resources relating to referencing.

Additional notes:

Students are required to indicate the exact word count on the title page of the assessment.

The word count excludes the title page, tables, figures, diagrams, footnotes, reference list and appendices. Where assessment questions have been reprinted from the assessment brief these will also be excluded from the word count. ALL other printed words ARE included in the word count. See ‘Word Count Policy’ on the homepage of this module for more information.

Submission Guidance

Assignments submitted late will not be accepted and will be marked as a 0% fail.

Your assessment should be submitted as a single Word (MS Word) or PDF file. For more information please see the “Guide to Submitting an Assignment” document available on the module page on iLearn.

You must ensure that the submitted assignment is all your own work and that all sources used are correctly attributed. Penalties apply to assignments which show evidence of academic unfair practice. (See the Student Handbook which is on the homepage of your module and also in the Induction Area).

Assessment Criteria (Learning objectives covered - all)

Level 5 reflects the continuing development in knowledge, understanding and skills from Level 4. At Level 5, students are not expected to be fully autonomous but are able to take responsibility for their own learning with appropriate guidance and direction. Students are expected to further develop their theoretical knowledge within a more intellectual context and to demonstrate this through more complex forms of expression which move beyond the descriptive or imitative domain. Students are expected to demonstrate   skills of analysis in both problem-solving and resolution.

Grade

Mark Bands

Generic Assessment Criteria

First (1)

80%+

An exceptional information base exploring and analysing the discipline, its theory and any associated ethical considerations. There is sophisticated use and management of learning resources and a high degree of autonomy is demonstrated. Writing is exceptionally well structured and accurately referenced throughout. Where appropriate, outstanding professional skills are demonstrated. The work is original and with some additional effort could consider for internal publication.

 

70-

79%

An excellent knowledge base within which the discipline is explored and analysed. There is a good degree of originality in the approach. The work demonstrates confidence and autonomy and extends to consider ethical issues. Learning resources have been managed confidently. Writing is exceptionally well structured and accurately referenced throughout. Where appropriate, an excellent level of professional skills are demonstrated and the work demonstrates a high level of intellectual and academic skills.

Upper Second (2:1)

60-

69%

A very good knowledge base which explores and analyses the discipline, its theory and any associated ethical issues. There is evidence of some originality and independence of thought. A very good range of learning resources underpin the work and there is evidence of growing confidence and self-direction. The work demonstrates the ability to analyse the subject and apply theory with good academic and intellectual skills. Academic writing skills are good, expression is accurate overall and the work is consistently referenced throughout.

Lower Second

(2:2)

50-

59%

A satisfactory understanding of the discipline which begins to analyse the subject and apply some underpinning theory. There may be reference to some of the ethical considerations. The work shows a sound level of competence in managing basic sources and materials. Academic writing skills are good and accurate overall and the work is planned and structured with some though. Professional skills are satisfactory (where appropriate). The work lacks original thought but academic and intellectual skills are moving into the critical domain. The work is referenced throughout.

Third (3)

40-

49%

Basic level of performance in which there are some omissions in understanding the subject, its underpinning theory and ethical considerations. There is little evidence of independent thought and the work shows a basic use of sources and materials. Academic and intellectual skills are limited. The work may lack structure overall. There are some difficulties in developing professional skills (where appropriate). There is an attempt to reference the work.

Marginal Fail

30-

39%

A limited piece of work in which there are clear gaps in understanding the subject, its underpinning theory and ethical considerations. The work shows a limited use of sources and materials. Academic and intellectual skills are weak and there are errors in expression and the work may lack structure overall. There are difficulties in developing professional skills (where appropriate). The work lacks original thought and is largely imitative.

 

29%

and below

A poor performance in which there are substantial gaps in knowledge and understanding, underpinning theory and ethical considerations. The work shows little evidence in the use of appropriate sources and materials. Academic writing skills are very weak and there are numerous errors in expression. The work lacks structure overall. Professional skills (where appropriate) are not developed The work is imitative.

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