CILEx Level 6 Unit 06 European Union Law
CILEx Level 6 Unit 06 European Union Law - £540
This is a course set at the equivalent to honours-degree level and will give you an in-depth knowledge of the law.
Who is the course for?
The course is for:
- Associate Members of CILEx using this course as one of their three Level 6 law units to achieve Graduate Membership of CILEx
- any Graduate Member of CILEx or Chartered Legal Executive wishing to fulfil the Solicitors Regulation Authority's academic stage of training.
What qualification will I get?
Success in the course will lead to the award of an CILEx Level 6 Single Subject Certificate in European Union Law which is a standalone qualification but can also contribute to the CILEx Level 6 Professional Higher Diploma in Law and Practice.
What will I learn?
The course delivers the CILEx syllabus for this unit. Please click on the link to see the syllabus content expressed in terms of broad learning outcomes as well as the detailed knowledge, understanding and skills that are delivered by the course. ITC publishes a course manual every year to deliver the CILEx syllabus and the table of contents (2011 edition) is reproduced below. You can also view sample pages from the course manual.
PART 1: Evolution of the European union
Chapter 1: Historical Background
1.1 Introduction
1.2 Who is in and who is out?
1.3 The origins of the EU
1.4 The EEC Treaty and its development
1.5 All change: establishing the EU
1.6 A constitution for Europe?
1.7 How does market integration create wealth and stability?
1.7.1 The economic objective
1.7.2 The common market
1.7.3 Market integration and political stability
1.8 The role of EU law
1.9 The UK and the EU
PART 2: Institutional structure and law making
Chapter 2: The Institutions of the EU
2.1 Introduction
2.2 The European Commission
2.2.1 What is the Commission?
2.2.2 Appointment of the Commission
2.2.3 What does the Commission do?
2.2.3.1 Proposing new legislation
2.2.3.2 Implementing EU policies and the budget
2.2.3.3 Enforcing European law
2.2.3.4 Representing the EU on the international stage
2.2.4 How is the Commission’s work organised?
2.2.5 Accountability of the Commission
2.3 The Council of the European Union
2.3.1 What does the Council do?
2.3.2 How is the Council’s work organised?
2.3.3 How are Council decisions made?
2.3.4 The European Council
2.4 The European Parliament
2.4.1 How is Parliament’s work organised?
2.4.2 The History of the European Parliament
2.5 The Court of Justice of the European Union
2.5.1 The General Court and the Civil Service Tribunal
2.5.2 What does the Court of Justice do?
2.6 Other EU institutions
2.6.1 European Economic and Social Committee (EESC)
2.6.2 Committee of the Regions
2.6.3 Court of auditors
2.6.4 The Office for Harmonisation in the Internal Market (OHIM)
2.6.5 The European Ombudsman
Chapter 3: The Law-making Process
3.1 Introduction
3.2 Legal base
3.3 The consultation procedure
3.4 The ordinary legislative procedure
3.5 The consent procedure
3.6 The Commission–Council dialogue
3.7 Publication and notification
3.8 Right of citizens initiative
PART 3: The community legal system
Chapter 4: Sources of Community Law
4.1 Introduction
4.2 The Treaties
4.3 Regulations
4.4 Directives
4.5 Decisions
4.6 Giving reasons
4.7 Other binding acts
4.8 Non-binding acts
4.9 Substance not form
4.10 General principles of law
4.10.1 Subsidiarity and proportionality
4.10.2 Legal certainty
4.10.3 Equality
4.10.4 Natural justice
4.11 Protection of fundamental rights
4.12 The case law of the ECJ
Chapter 5: The Supremacy of EU Law
5.1 Introduction
5.2 Supremacy
5.3 Securing uniformity
5.4 Issues of interpretation and indirect effect
5.5 Securing effective remedies
Chapter 6: Using EU Law Before National Courts
6.1 Introduction
6.2 The concept of direct applicability
6.3 The concept of direct effect
6.4 Direct effect and directly applicable EU law
6.5 Direct effect and Directives
6.6 Vertical and horizontal direct effect
6.7 Securing effective remedies
6.8 Direct effect and the ECJ
6.9 Brussels I Regulation
6.10 European small claims procedure
Chapter 7: Infringement Actions Before the European Court of Justice
7.1 Introduction
7.2 Action by the Commission
7.3 Procedure: the administrative stage
7.4 Procedure: the judicial stage
7.5 Interim measures in infringement proceedings
7.6 Actions by Member States
7.7 Remedies
Chapter 8: Action for Annulment Before the European Court of Justice
8.1 Introduction
8.2 Arts 263 and 264 TFEU
8.3 Locus standi
8.4 Grounds for review
8.4.1 Lack of competence
8.4.2 Infringement of an essential procedural requirement
8.4.3 Infringement of the Treaty or of a rule of law relating to its
application
8.4.4 Misuse of powers
8.5 The effects of annulment
8.6 Time limits and Art 277 TFEU
Chapter 9: References to the European Court of Justice under Art 267 TFEU
9.1 Introduction
9.2 The purpose of Art 267 TFEU
9.3 Questions for referral
9.4 Who can refer questions?
9.5 Powers and duties to refer questions
9.6 Questions concerning validity
9.7 Exercising the discretion to refer
9.8 Procedure before the national court
9.9 Procedure before the ECJ
9.10 Effects of rulings
9.11 Summary
Chapter 10: Other Proceedings Before the European Court of Justice
10.1 Introduction
10.2 The action for failure to act
10.3 Contractual and non-contractual liability: Art 340 TFEU
PART 4: THE LAW OF THE COMMON MARKET: THE FOUR FREEDOMS
Chapter 11: Free Movement of Goods: Customs Duties and Internal Taxation
11.1 Introduction
11.2 The purpose and effect of fiscal barriers
11.3 Charges equivalent to a customs duty
11.3.1 Where there is no protectionism or fiscal motive behind the
charge
11.3.2 Where the charge is a fee for an inspection
11.3.3 A fee for a service
11.4 Discriminatory taxation
11.4.1 Indirect discrimination
11.4.2 Similar domestic products
11.5 Protective taxation
11.5.1 A genuine (lawful) tax
11.6 A charge equivalent to a customs duty or a discriminatory tax?
11.6.1 The charge is for the exclusive benefit of the domestic producers
11.7 Private remedies for a breach of Arts 30 and 110 TFEU
11.7.1 Direct effect
11.7.2 Where the cost of the unlawful charge is passed on
11.7.3 Damages for loss of sales
Chapter 12: Free Movement of Goods: Quantitative Restrictions
12.1 Introduction
12.1.1 Who is bound by the rules?
12.2 Measures having an equivalent effect
12.3 Illustrations of measures having equivalent effect
12.4 Special rules for exports
12.5 Derogations under Art 36 TFEU
12.5.1 Derogations based on public morality
12.5.2 Derogations based on public policy
12.5.3 Derogations based on public security
12.5.4 Derogations based on the protection of health and life of
humans, animals and plants
12.5.5 Derogations for the protection of national treasures
possessing artistic, historic or archaeological value
12.5.6 Derogations on grounds of the protection of industrial and
commercial property
12.6 The Cassis de Dijon line of authority and Keck
Chapter 13: Free Movement of Persons
13.1 Introduction
13.2 Territorial scope and nationality
13.3 Matters wholly internal to a Member State
13.4 Defining who are workers
13.5 Work seekers
13.6 Entry and residence of the worker
13.7 Entry and residence of the worker’s family
13.8 Remaining after a period of work
13.9 Equal treatment
13.10 Exceptions under Art 45(3) TFEU
13.11 Citizenship of the Union
Chapter 14: Freedom of Establishment and Services
14.1 Introduction
14.2 General Services Directive
14.3 Rights of establishment
14.4 The nature of services
14.5 Recipients of services
14.6 Exceptions
14.6.1 Establishment: the exercise of official authority under
Art 51 TFEU
14.6.2 Establishment: exceptions based on public policy, public
security and public health
14.6.3 Services
14.7 Recognition of Qualifications and Directive
2005/36/EC
14.7.1 System of automatic recognition of qualifications attested
by professional experience in certain industrial, craft and
commercial activities
14.7.2 System of automatic recognition of qualifications for the
professions of doctor, nurse, dentist, veterinary surgeon,
midwife, pharmacist and architect
14.7.3 Procedure for the mutual recognition of professional
qualifications
14.7.4 Directive 98/5/EC of the European Parliament and of the
Council of 16 February 1998 to facilitate practice of the
profession of lawyer on a permanent basis in a Member State
other than that in which the qualification was obtained
14.8 Rules of professional conduct
14.9 National measures which hinder market access
PART 5: t he common policies of the community
Chapter 15: Social Policy
15.1 Introduction
15.2 The principle of equal pay
15.3 The impact of Directive 75/117/EEC
15.4 Objective justification
15.5 What constitutes “pay”?
15.6 Equality of treatment
Chapter 16: Competition Policy
16.1 Introduction
16.2 The aim of EU competition policy
16.3 Principles of EU competition policy
16.3.1 Economic efficiency
16.3.2 Market integration
16.3.3 Fairness
16.4 The regulation of competition
16.4.1 Mergers
16.4.2 State aid
16.4.3 Abuse of market power
16.4.4 Restrictive agreements and concerted practices
16.4.5 Undertakings
16.4.6 May affect trade between Member States
16.5 Enforcement of EU competition law
Chapter 17: Abuse of a Dominant Position
17.1 Introduction
17.2 What is dominance?
17.3 The relevant market
17.3.1 The relevant product market (RPM)
17.3.1.1 Demand substitutability
17.3.1.2 Supply substitutability
17.3.1.3 Additional product market factors
17.3.2 The relevant geographical market (RGM)
17.3.3 The relevant temporal market (RTM)
17.4 The assessment of dominance
17.4.1 Market share
17.4.2 Barriers to entry
17.4.3 Financial and technical resources
17.4.4 Vertical integration
17.5 Abusive conduct
17.5.1 Unfair trading conditions
17.5.2 Tying/bundling
17.5.3 Discriminatory pricing
17.5.4 Predatory pricing
17.5.5 Margin squeezing
17.5.6 Refusal to supply existing customers
Chapter 18: Anti-competitive Agreements and Concerted Practices
18.1 Introduction
18.2 Agreement
18.3 Decisions by associations of undertakings
18.4 Concerted practice
18.4.1 Concerted practice or an oligopoly?
18.5 Distortion of competition
18.5.1 Vertical agreements within Art 101(1)
18.5.2 The de minimis principle
18.6 Art 101(3) exemption
18.6.1 The Commission guidelines on horizontal co-operation
agreements [2011]
18.7 Block exemptions
18.7.1 Regulation 330/2010 on vertical agreements and concerted practices
18.7.1.1 Market share threshold
18.7.1.2 Hardcore restrictions
18.7.2 Regulation 1217/2010 on research and development agreements
18.7.2.1 Scope of the regulation
18.7.2.2 Requirements of the regulation
18.7.2.3 Hardcore restrictions
Chapter 19: Enforcement of Competition Law
19.1 Introduction
19.2 The role of the Commission and national competition
authorities (NCAs)
19.3 The start of the enforcement procedure
19.4 The investigation
19.4.1 Legal privilege
19.5 The Statement of Objection
19.6 Access to the Commission’s file
19.7 The hearing
19.8 The burden and standard of proof
19.9 Fines and penalties
19.10 Private enforcement
Application
Download: CILEx courses application form 2011-12.pdf
Apply on-line through the course shop.