You must answer the question in Part A and one question of your choice from Part B (below). Your answer to the question in Part A counts 70% of this assessment and must be limited to a maximum of 2,600 words. Your answer to Part B counts 30% of this assessment and must be limited to a maximum of 1,400 words (excluding footnotes and bibliography).
PART A
1. N.B. The following events, names and legislation, both European and domestic, are all fictitious. Substantive EU law governing working time is irrelevant to answer this question.
Council Directive (EU) 2020/XY on Working Hours (‘the Directive’) was adopted by the EU legislator on 10th June 2020. The Directive was to be implemented by all Member States by 1st July 2023.
The purpose of the Directive is to harmonise the national employment laws of the Member States relating to working hours and to promote employment protection and the health and safety of workers throughout the European Union. In Article 12, the Directive provides that workers in the Member States shall not be required to work more than 40 hours a week. Article 13 provides for an exception to the application of this rule in the case of ‘healthcare workers and the emergency services.’
To give effect to the Directive in its national law, France adopted the Working Time Decree (‘the Decree’) in April 2023. The Decree provides that the maximum working week for all workers in France shall not exceed 40 hours a week. It also provides that this rule is not applicable to workers engaged in ‘important services.’
Camille works in a private secondary school in Paris (‘the School’) as a maths teacher. Private schools under French law are considered charitable organisations and benefit from funding from the government and tax cuts. French law provides that they must follow the national curriculum and they are regularly subject to government inspections.
Camille has been working fifty hours a week at the School. She believes that this is in breach of her rights under the Directive. The School believes that this is in line with the Decree. Three months ago, Camille suffered a burnout. Her doctor certified that she is suffering from chronic fatigue, sleep disturbances, headaches and gastrointestinal issues due to stress at work. She is now receiving therapy privately for which she is paying, as the waiting list to access therapy provided by the French national health system is too long. She will miss an expensive vacation around European capitals that she had planned and paid for, and she will not be able to claim a refund, as it is a non-refundable holiday package.
Advise Camille on all following issues:
1. Could she rely on the indirect effect of the Directive and if so, what remedy would she get?
2. Could she rely on the direct effect of the Directive and if so, what remedy would she get? And
3. Could she rely on Francovich damages and if so, what remedy would she get?
PART B
2. ‘The changes introduced by various Treaty amendments to the powers of the European Parliament significantly address the Union’s alleged ‘democratic deficit’.’
Discuss.
3. ‘The Article 267 TFEU preliminary ruling procedure has been extremely significant for the development of EU law.’
Discuss.
4. Discuss to what extent the procedure established by Articles 258 and 260 TFEU can be criticised as inefficient and non-transparent.
5. ‘In the case of Dassonville (Case 8/74) the European Court of Justice provided a too wide definition of ‘a measure having equivalent effect to a quantitative restriction’ under Article 34 TFEU which inevitably had to narrowed down in subsequent case law.’
Discuss.
6. By reference to relevant case law, discuss the definition of ‘a charge having equivalent effect’ under Article 30 TFEU and consider whether there are circumstances where a Member State can impose a charge on imported goods without breaching EU law.
END OF ASSESSMENT
The Learning Outcomes assessed by this assessment are:
Knowledge
1. Demonstrate knowledge of the legal mechanisms for ensuring compliance with EU Law by individuals and Member States; (DP) (CI)
2. Demonstrate knowledge of the inter-relationship between national and EU law; (DP) (CI)
3. Demonstrate knowledge of one of the four freedoms through the study of free movement of goods; (DP) (CI)
4. Demonstrate knowledge of the institutions in their political and social contexts; (DP) (CI)
Thinking skills
5. Analyse fundamental concepts devised by the European Court of Justice; (CI)
6. Analyse appropriate legal cases in the context of European integration; (CI)
Subject-based practical skills
7. Apply knowledge of EU Law to resolution of complex problems; (IC) (CI)
8. Formulate advice to fictional clients from problems provided; (IC) (CI)
Skills for life and work (general skills)
9. Enhance communication and presentation skills. (SI)
We strongly suggest that you try to submit all coursework by the deadline set. However, in our regulations, UEL has permitted students to be able to submit their coursework up to 24 hours after the deadline. Coursework which is submitted late, but within 24 hours of the deadline, will be assessed but subjected to a fixed penalty of 5% of the total marks available (as opposed to marks obtained). If you submit twice, once before the deadline and once during the 24 hour late period, then the second submission will be marked and 5% deducted. This rule only applies to coursework. It does not apply to examinations, presentations, performances, practical assessments or viva voce examinations. If you miss these for a genuine reason, then you will need to apply for extenuating circumstances, or accept that you will receive a zero mark.
Further information is available in the Assessment & Feedback Policy at
https://www.uel.ac.uk/Discover/Governance/Policies-Regulations-Corporate-documents/Student-Policies (click on other policies)
a) This submission will be assessed by reference to the following criteria:
1. Demonstrates clear, accurate, detailed and up-to-date knowledge of the field.
2. Applies knowledge to resolution of complex problems and formulate advice to fictional clients from problems provided.
3. Recognizes and assesses relevant critical issues.
4. Formulates relevant supported arguments/criticism.
5. The answer is focused, well-structured, well-written and clear.
6. Demonstrates an ability to research and use relevant primary and secondary sources.
b) Plagiarism and collusion:
You are reminded that it is a breach of University Assessment regulations to copy or use another person’s work without proper acknowledgement. It is also a breach of regulations for two or more students to present the same or substantially similar piece of work. Any student who is found to be in breach of assessment regulations will be subject to an appropriate penalty (ranging from failure of the relevant unit to expulsion from the University).
A breach of assessment regulations cannot be excused by ignorance or external pressures.
No part of your work, except where clearly quoted and referenced (ie: correct use of quotation marks and footnotes etc.), may be copied from material belonging to any other person.
You should employ either the OSCOLA or Harvard referencing system throughout your work. See “Cite Them Right: the essential referencing guide” 9th edition, which can be accessed whilst on or off campus, via UEL Direct.
Further information is available at
https://uelac.sharepoint.com/LibraryandLearningServices/Pages/default.aspx
c) Submission:
Students are required to submit an electronic copy of their coursework via Turnitin. The Turnitin link is located on the Moodle site for the module.
Students are required to keep for their records a copy of the first page only of the Turnitin digital receipt. The digital receipt is automatically sent to your mail inbox in the corresponding section for the module on Moodle.
NO hard copy of coursework is required.
Turnitin System Failure
Best advice: Don’t wait until the last minute to submit your assessments electronically. If you experience a problem submitting your work with Turnitin, you should notify your lecturer/tutor by email immediately. However, deadlines are not extended unless there is a significant systems problem with Turnitin. UEL has specific plans in place to address these issues. If UEL finds that the issue with the system was significant, you will receive an email notifying you of the issue and that you have been given a 24 hour extension. If you don’t receive any email that specifically states you have been given an extension, then the original deadline has not been changed.
d) Feedback
All feedback will be on Turnitin. An announcement will be sent out.