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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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