Important: Students who have attempted Question 1 in the January Individual Presentation must choose Question 2 below. Students who have attempted Question 2 in the January Individual Presentation must choose Question 1 below. Students who have not attempted the January Individual Presentation can choose either Question 1 or Question 2.
Students are required to give an 8-minute presentation on one of the two topics identified below. Students will have a lecture on presentation skills as part of this module.
The questions below are purposefully open and could potentially cover a large number of materials. Students will need to be discriminating in terms of content and structure to ensure that they give an appropriately detailed and critically informed answer.
Question 1: Supremacy of EU Law
‘Constitutional pluralism is no longer the theory that best describes the reality of incompatible claims of final authority by the CJEU and national constitutional courts and the mitigation of such claims through judicial dialogue. The new reality is that direct judicial conflicts rather than judicial dialogue are increasing. These conflicts have heralded the death of constitutional pluralism.’
Critically discuss this statement using CJEU case law, case law from national courts and academic literature.
Question 2: Law-making powers and limits
‘The CJEU’s substance-oriented review of the limits of art. 114 TFEU and the principle of subsidiarity has failed. To address concerns of the Member States as to ‘competence creep’, the CJEU should focus solely on assessing the adequacy of the justificatory arguments provided by the EU institutions for legislative action (process-oriented review) both in terms of proof that harmonisation of laws is necessary for the functioning of the internal market and in terms of proof that the subsidiarity principle is not infringed.’
Critically discuss this statement using CJEU case law and academic literature.
Rationale of the Assessment
The aim of this assessment is to provide you with the opportunity to demonstrate your ability to research and present on an area of European Union Law. The aim is to measure your knowledge and critical understanding of European Union Law. This will be assessed through your ability to analyse, synthesize, evaluate, and criticise case law and academic literature.
Structure and Weighting of the Assessment
50% weighting of your total mark for the European Union Law module.
Module Learning Outcomes Assessed:
- Know and understand the concepts and principles associated with the constitutional and institutional law of the EU
- Evaluate the relationship between the European Court of Justice and the domestic courts in the operation of the EU legal order.
- Demonstrate the ability to undertake advanced research of a legal issue.
- Assess critically the efficiency and effectiveness of EU constitutional and institutional law.
Expectations for the Assessment
The assessment questions are designed to provide an opportunity for students to demonstrate that they have achieved the knowledge, understanding and skills spanning across all Aston Law Marking criteria. It is expected that all students will demonstrate that they have engaged with the essential reading for the subject, and thereby have shown evidence of achieving the learning outcomes (stated above). Some students are expected to demonstrate sufficient knowledge, understanding and skills to achieve a third or a 2.2. A significant proportion of students are expected to answer in a comprehensive manner, demonstrating a good level of understanding of case law and academic literature. These students will provide substantial evidence of their ability to critically engage with the sources in a coherent and intelligent manner; thereby meeting the criteria for a 2.1. A few students are expected to be able to provide exemplarily answers demonstrating an enhanced ability to critically engage with the material. These students will demonstrate that they have achieved the learning outcomes at an advanced standard, or even surpassed them, and thereby achieve a mark of over 70%. To achieve the highest marks, there is an expectation that students will demonstrate clear evidence of wider independent reading and research as well as original thought and a sophisticated analysis of the topic area.
As this is a video presentation, it will also be important to show good communication skills and a good design and structure of the presentation. Poor oral expression with an inappropriate use of language will score low marks. Too much information on the slides and little effort to make the slides visually appealing will score low marks. A well-structured presentation with creative use of media (visual elements) will score high marks.
Type of service : Academic Paper Writing
Type Of Assignment : Power Point Presentation
Subject : Law
Pages / words : 6/900
Number Of Sources : 20
Academic Level : Undergraduate
Paper Format : OSCOLA
Line Spacing : Double
Language Style : UK English