AC 1.1 Examine the historical events of the 20th century, leading to the creation of the European Union

LAW502: EU Law Assignment

Plagiarism and Collusion

In submitting the assignment, Learners must complete a statement of authenticity confirming that the work submitted for all tasks is their own. The statement should also include the word count.

Plagiarism and collusion are treated very seriously. Plagiarism involves presenting another author`s work, excerpts, ideas, or passages without appropriate referencing and attribution.

Collusion occurs when two or more learners submit work that is so alike in ideas, content, wording, and/or structure that the similarity goes beyond what might have been mere coincidence.

Referencing

A professional approach to work is expected from all learners. Learners must therefore identify and acknowledge ALL sources/methodologies/applications used.

The learner must use an appropriate referencing system to achieve this. Marks are not awarded for the use of English; however, the learner must express ideas clearly and ensure that appropriate terminology is used to convey accuracy in meaning.

Please use the Harvard Style of Referencing throughout your work.

Appendices

You may include appendices to support your work. However, appendices must only contain additional supporting information and must be clearly referenced in your assignment.

You may also include tables, graphs, diagrams, Gantt charts, and flowcharts that support the main report and should be incorporated into the back of the submitted assignment report

Any published secondary information such as annual reports and company literature should be referenced in the main text of the assignment, following Harvard Style Referencing, and referenced at the end of the assignment.

Confidentiality

When Learners choose to include organisational information that deals with sensitive material or issues, they must seek advice and permission from that organisation about its inclusion.

Where confidentiality is an issue, Learners are advised to anonymise their assignment report so that it cannot be attributed to that particular organisation.

Word Count Policy

Learners must comply with the required word count within a margin of +10%. These rules exclude the index, headings, tables, images, footnotes, appendices, and information within references and bibliographies.

When an assessment task requires learners to produce presentation slides with supporting notes, the word count only applies to the supporting notes.

Marking and Grades

The details of a standard marking rubric can be found at the end of this document. Unless stated elsewhere, learners must answer all questions in this document.

Submission of Assignments

Before submitting your work check you have:

✓ Completed the tasks or activities as required by the assignment

✓ Labelled or numbered each task or activity

✓ Understood and responded to the command verbs in the Assessment Criteria

✓ Produced the tasks or activities in the required format

✓ Presented your work clearly

✓ Referenced sources you have used and cited from

✓ Put cited material in quotation marks

✓ Checked for any spelling or grammatical errors

✓ Added a footer with page numbers

Assignment Question

Assignment - Total word count - 2,000 words

Utopia, a small state in South West Europe, recently declared independence from Grandia and it is considering joining the European Union.

Rusters Associates (Madrid) where you are employed as junior lawyer, has been approached by Utopia’s Government, to advise on a number of points. Your line manager who is an expert in all aspects of the European Union will lead on this work and she wishes to involve you, in order to develop your knowledge and understanding of European Law.

Prepare a draft report for your line manager to consider. The report must address each of the matters listed below, using relevant European Union (EU) legislation and cases, as needed.

In the preamble to the report you need to:

• examine the historical events of the 20^th century, leading to the creation of the European Union (AC 1.1)
• evaluate the original objectives of the EU (AC 1.2)
• compare and contrast the original objectives of the EU with its current position (AC 1.3)

In the next section of the report you must address the following requests made by Government officials in Utopia. They want you to:

• provide an evaluation of the functions and powers of each EU Institution covering how the power of Utopia’s national government might be reduced, if it joins the European Union (AC 2.1)
• examine the extent of the jurisdiction of the European Court of Justice (AC 2.2)
• explain the voting system of the European Council (AC 2.3)

In the next section of the report, Utopia wants to understand the doctrine of supremacy and officials have asked you to evaluate it. (AC3.1)

They also wish to know the similarities and differences between treaties, regulations and directives and whether upon joining, Utopia will be bound by such legislation, particularly if there is a conflict between EU and Utopia’s national legislation. (AC 3.2)

As part of this section of your report you also need to assess direct and indirect effect (AC 3.3)

Utopia’s main economy is wine production. The economy of some Member States of the European Union is also heavily dependent on wine production. It is recognised that some of the wine produced by these Member States is of a lesser quality, compared with the wine of Utopia and it contains various additives, considered to be safe by EU legislation.

Utopia’s wine is seen as top quality due to the fact that any additives in its production are banned.

It is also a requirement under Utopian law for wine to be sold only in 500 ml glass bottles.

In this section of the report you must provide officials in Utopia with the following:

• An explanation of the meaning of freedom of goods and services (AC 4.1)
• An evaluation of the prohibition of fiscal and regulatory barriers to free movement of goods and services (AC 4.2)
• An analysis of justifiable derogations from the principle of free movement of goods (AC 4.3)

At present, Utopia requires any Utopian national to obtain a travel permit, if they wish to travel abroad. Foreign nationals who wish to travel to Utopia can only be granted a three months tourist visa, which is non-renewable and for which they need to pay the equivalent of £150 in local currency. Utopia does not grant a right to work to any foreign national.

In order to encourage population growth, Utopia recently decided to offer the equivalent of £50,000 to any married couple who have at least three children. Utopia does not want to extend this benefit to couples that are not Utopian nationals.

In the final section of your report you need to provide guidance to the officials in Utopia, on the free movement of persons and the freedom of establishment. In this guidance you must:

• Explain the terms ‘worker’ and ‘establishment’ in relation to EU Law on free movement of persons (AC 5.1)
• Examine the rights of workers under EU Law of free movement (AC 5.2)
• Analyse the exemptions to the EU Law on free movement (AC 5.3)

Marking Rubric: