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Assignment Briefs 09-18-2024

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

LAW502: EU Law Assignment

Module Name

LAW502: EU Law

Assignment Name

LAW502: EU Law Assignment

Level

Level 5 Diploma in Law

Credits

30

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 20th 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:

 

Distinguished

Excellent

Good

Proficient

Basic

Marginal

Unacceptable

Criteria

80+

70

60

50

40

30

0

Content

Extensive

Comprehensive

Adequate

Describes

Describes some of

Largely

Inadequate

(alignment with

evaluation and

critical

evaluation and

main ideas

the main ideas but

incomplete

information or

assessment

synthesis of

evaluation and

synthesis of key

with evidence

omits some

description of

containing

criteria)

ideas; includes

synthesis of

ideas beyond

of evaluation;

concepts; limited

main issues;

information not

 

substantial

ideas; includes

basic

includes

evidence of

misses key

relevant to the

 

original thinking

coherent

descriptions;

some original

evaluation;

concepts; no

topic

 

 

original

includes

thinking

confused original

original

 

 

 

thinking

original

 

thinking

thinking

 

 

 

 

thinking

 

 

 

 

Application of Theory and Literature

In-depth, detailed and relevant application of theory; expertly integrates literature to support ideas and concept

Clear and relevant application of theory; fully integrates literature to support ideas and concepts

Appropriate application of theory; integrates literature to support ideas and concepts

Adequate application of theory; uses literature to support ideas and concepts

Limited application of theory; refers to literature but may not use it consistently

Confused application of theory; does not use literature for support

Little or no evidence of application of theory and relevant literature

Knowledge and

Extensive depth

Comprehensive

Sound

Basic

Limited and

Confused or

Little or no

Understanding

of understanding

knowledge and

understanding

Knowledge

superficial

inadequate

evidence of

 

and exploration

depth of

of

and

knowledge and

knowledge and

knowledge or

 

beyond key

understanding

principles and

understandin

understanding of

understanding

understanding of

 

principles and

key principles

concepts

g

key concepts and

of key

key concepts and

 

concepts

and concepts

 

of key

principles

concepts and

principles

 

 

 

 

concepts and

 

principles

 

 

 

 

 

principles

 

 

 

Presentation and

Logical, coherent

Logical,

Logical

Orderly

Somewhat weak

Confused

Illogical

Writing Skills

and polished

coherent

structure to

presentation;

presentation;

presentation;

presentation

 

presentation

presentation

presentation;

minor errors

errors in

errors in

lacking cohesion;

 

exceeding

demonstrating

makes few

in mechanics

mechanics and

mechanics and

contains

 

expectations at

mastery; free

errors in

and syntax

syntax may

syntax often

significant errors

 

this level; free

from errors in

mechanics and

 

interfere with

interfere with

that interfere

 

from errors in

mechanics and

syntax which

 

meaning

meaning

with meaning

 

mechanics and

syntax

do not prohibit

 

 

 

 

 

syntax

 

meaning

 

 

 

 

Referencing

Advanced use of

Mastery of

Appropriate

Adequate use

Limited use of in-

Inadequate use

Little or no

 

in- text citation

in-text citation

use of in-text

of in- text

text citation and

of citation and

evidence of

 

and references

and

citation and

citation and

referencing

referencing

appropriate

 

 

referencing

referencing

referencing

 

 

referencing or

 

 

 

 

 

 

 

use of sources

Directions:

Total the boxes and divide by 5 to arrive at the final mark. Example:

 

Distinguished

Excellent

Good

Proficient

Basic

Marginal

Unacceptable

Range

80-100

70-79

60-69

50-59

40-49

35-39

0-34

Criteria

Score

Content

50

Application of Theory and Literature

40

Knowledge and Understanding

50

Presentation/Writing Skills

40

Referencing

40

Total Score

220/5 = 44, Pass

Example Answer:

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

Draft Report: Utopia’s Potential Accession to the European Union

Preamble: The Historical Context of the European Union’s Creation

The European Union (EU) is the culmination of decades of political, economic, and social developments that occurred in response to the devastation of two world wars and a desire for a stable, united Europe. Its roots can be traced back to efforts made in the aftermath of World War II, aiming to prevent further conflict by fostering cooperation among European states.

Post-World War II Era: The Seeds of European Integration

The devastation caused by World War II highlighted the necessity for cooperation between European states to rebuild the continent and prevent future conflicts. Winston Churchill`s 1946 speech in Zurich called for a “United States of Europe,” advocating for unity between European nations.

The first concrete step towards this integration was the establishment of the European Coal and Steel Community (ECSC) in 1951, through the Treaty of Paris. This was an economic organisation aimed at pooling the coal and steel industries of six founding members—Belgium, France, Italy, Luxembourg, the Netherlands, and West Germany. The ECSC was intended to make war between these nations materially impossible, as these industries were vital to military production.

Treaty of Rome and the European Economic Community (EEC)

In 1957, the Treaty of Rome was signed, establishing the European Economic Community (EEC) and the European Atomic Energy Community (EURATOM). The EEC aimed to create a common market and progressively harmonise the economic policies of its member states. The ultimate goal was to promote economic integration, ensure stable growth, raise the standard of living, and strengthen economic and social cohesion. The creation of the customs union in 1968 was a key milestone in achieving these aims.

Further Expansion and the Creation of the European Union

The EEC continued to expand over the following decades, admitting new member states such as the United Kingdom, Ireland, and Denmark in 1973, followed by Greece, Spain, and Portugal in the 1980s. This expansion was accompanied by the development of more comprehensive policies concerning agriculture, trade, and regional development.

Continued....

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