QLLM106 EU Constitutional Law I - Concepts, Values and Principles (Sem 2)
To describe a module as EU ‘constitutional’ law is not without controversy. After all, the European Union has its roots in international treaties establishing three economic communities. The aim of this module is to consider the constitutional qualities of the EU. It explores the metaphor of the ‘constitutionalization’ of a Treaty-based system. It analyses the adoption of the failed Constitutional Treaty and its replacement with the Lisbon Reform Treaty. The relationship between the EU constitutional order and that of its Member States is explored together with the relationship between EU and international legal orders. The substantive content of the EU ‘constitution’ is equally contentious as regards its balance between economic and social goals. The separation of powers or institutional balance within the EU is analysed as regards the identity and roles of the EU legislator, administration and judiciary. Finally, the module reviews and analyses the protection of fundamental rights within the EU.
- The EU: a system based on international law or a constitutional order?
- From Constitutional Treaty to Lisbon Reform Treaty
- Relationships with the National Legal Systems
- Relationships with International Law
- Substantive Constitutionalism: an economic or social constitution?
- The Union Legislator
- The Union Administration
- The Union Courts
- Protection of Fundamental Rights
- The Charter of Fundamental Rights
- Fundamental Rights: the interaction of national, EU and international orders.
Mode of Assessment
2 course essays of 3,750 words (50% each)