The Law of the European Union

The examination shall be three hours in duration and candidates will be required to attempt five out of eight questions presented. In all the following subject areas, candidates should demonstrate knowledge and understanding of the relevant provisions of the Treaty on European Union (“TEU”) and the Treaty on the Functioning of the European Union (“TFEU”), as amended and renumbered by the Treaty of Lisbon (candidates are referred to the Table of Equivalences in the Annex to the Treaty of Lisbon to which Article 5 thereof refers), legislation and case-law of the Community judicature. Candidates will be expected to apply their knowledge to given factual situations, with strong emphasis on citing appropriate Treaty provisions, case-law and legislation.1

1All references to Treaty articles in this syllabus are to the Treaties as amended, repealed, replaced and renumbered by the Treaty of Lisbon; i.e. to the TEU and to the TFEU as renumbered.

SUBJECT HEADINGS
The subject may be divided as follows:

  1. Sources of European Union Law
    1. Primary Sources - the Treaties, in particular the TFEU, the TEU and previous versions of the EC and EEC Treaties, as amended;
    2. Legal acts (secondary legislation) of the EU - Regulations, Directives, Decisions, Recommendations and Opinions;
    3. General Principles of Law, in particular:
      1. Fundamental Rights (including the Charter of Fundamental Rights of the EU);
      2. Equality /Non-Discrimination;
      3. Legal Certainty;
      4. Proportionality;
      5. Subsidiarity;
      6. Legitimate Expectations;
    4. Transparency under Article 15 TFEU (formerly Article 255 EC) and as a developing general principle of EU law.
  2. The European Union Institutions Candidates will be expected to have a detailed knowledge of the role, powers and mode of election/appointment of: the European Parliament (including its relationship with national parliaments and the democratic principles upon which the European Union is now expressly stated to be based pursuant Title II of the amended TEU (see Articles 9 to 12 TEU); the European Council, the Council of the European Union, and the European Commission. Special emphasis will be placed on: (a) the legislationmaking processes in the European Union and the importance of legal basis; (b) the concepts of institutional balance and attributed/conferred powers and the other principles set out in Article 5 TEU; and (c) EU international relations law with particular emphasis on the external competence of the EU and the conclusion of international agreements by the EU.
  3. A Union/Community governed by the rule of law. The jurisdiction and powers of the Court of Justice (re-named the Court of Justice of the European Union under the Treaty of Lisbon) and comprising within the EU legal hierarchy the Court of Justice and the General Court (formerly the Court of First Instance prior to the Treaty of Lisbon), as well the Civil Service Tribunal and such other specialised courts as may be established (see Articles 251 to 257 TFEU: formerly Articles 221 to 225a EC: note, there was no EC Treaty equivalent to Article 255 TFEU). Candidates should pay specific attention to Articles 258 to 260 TFEU and Articles 260, 263, 265, 267, 268-269, 277 and 340 TFEU (formerly Articles 226, 227, 228, 230, 232, 234, 235, 241, 243 and 288 EC: note, there was no EC Treaty equivalent to Article 269 TFEU), the Statute of the Court of Justice, and with particular reference to:
    1. Judicial review of acts of the Union institutions;
    2. Infringement actions against Member States for failure to comply with their obligations;
    3. Cooperation between national courts and the Court of Justice in the preliminary reference procedure; references on interpretation and validity of EU law.
  4. The Nature of EU law, in particular its relationship with national law and the reception of EU law in Irish law:
    1. The direct effect and supremacy of EU law and related doctrines, including the obligation of consistent/harmonious interpretation (indirect effect) and incidental effect;
    2. National procedural autonomy and its limits; State liability in damages for breaches of EU law;
    3. The status of EU law in the national legal systems, in particular the status of EU framework decisions and decisions;
    4. National Constitutional provisions particularly Article 29(4) of the Constitution, as amended, Acts of the Oireachtas and Statutory Instruments necessary to implement EC law in Ireland, including in particular the European Communities Acts 1972-2012, the attitude towards and receptiveness of Irish courts to the application of EU law, as well as the use of the preliminary reference procedure by Irish courts.
  5. Substantive rules governing the Free Movement of Goods (with a particular focus on case-law) to include:
    1. Article 110 TFEU (formerly Article 90 EC);
    2. Articles 34, 35 & 36 TFEU (formerly Articles 28, 29 & 30 EC);
    3. Articles 28, 29 & 30 TFEU (formerly Articles 23, 24 & 25 EC);
    4. Regulating the internal market, with particular emphasis on harmonisationlegislation and the scope of Article 114 TFEU (formerly Article 95 EC).
  6. Substantive rules governing Free Movement of Persons, Services and the Freedom of Establishment, with a particular focus on the Treaty (Article 18 TFEU (formerly Article 12 EC) and Articles 45 to 66 and 75 TFEU (formerly Articles 39 to 61 EC) and relevant case-law to include:
    1. Freedom of Movement of Workers;
    2. Freedom of Establishment;
    3. Freedom to provide and to receive Services
    4. Freedom of Movement of Capital and Payments; Limitations on the above freedoms both under the Treaty and under the imperative requirements case-law of the Court of Justice.
  7. Union citizenship, particularly under Article 18 TFEU and Articles 20 to 25 TFEU, Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (as it may be amended from time to time) and the relevant case-law of the Court of Justice.
  8. EU Competition Law - a detailed understanding will be required of Articles 101-102 TFEU (formerly Articles 81-82 EC) and of their application. A detailed knowledge is also expected of the enforcement of EC Competition Law and the procedures followed in its enforcement at European and national levels, and in particular of Council Regulation (EC) No. 1/2003 of 16 December 2002 on the implementation of the rules of competition laid down in Articles 81 and 82 of the Treaty (now Articles 101 and 102 TFEU, and as Regulation 1/2003 may be amended from time to time).
  9. Public undertakings, revenue-producing monopolies and undertakings granted special and exclusive rights under Article 106 TFEU (formerly Article 86 EC) and the relationship with Articles 101-102 TFEU as developed in the relevant case-law, with particular reference to Member State obligations under Articles 4(3) TEU (formerly Article 10 EC) and 101-102 TFEU in combination with Article 106 TFEU and Article 14 TFEU (formerly Article 16 EC) and case-law developed principles concerning services of general economic interest. Candidates should also specifically note Protocol (No 26) on Services of General Interest to the Treaty of Lisbon.
  10. The regulation, review and control of State Aids under Articles 107-108 TFEU (formerly Articles 87- 88 EC) and the relationship with Article 106 TFEU. Candidates should also specifically note the legislation adopted on the basis of Article 109 TFEU (formerly Article 89 EC).
  11. Social policy with special emphasis on Treaty provisions and key secondary legislation relating to equality, in particular to equal pay and equal treatment for men and women, pregnancy and maternity, parental leave and the measures adopted under Article 19 TFEU (formerly Article 13 EC) combating discrimination on other grounds namely racial or ethnic origin, religion or belief, disability, age or sexual orientation. 

LEGISLATIVE SOURCES
Candidates are permitted to bring unmarked copies of one of the following publications into the examination as Union Treaties and legislative sources:
The Consolidated European Union Treaties and Charter of Fundamental Rights, as published by the Office of Official Publications of the EU (2016 editions);
OR
Foster, Blackstone’s EU Treaties and Legislation, (33rd, 34th, or 35th edition – 2022, 2023 or 2024) Oxford University Press;
OR
Conor Duff and Anthony Walsh, European Union Treaties and related secondary legislation  (Clarus Press 2020).

RECOMMENDED READING
Candidates are recommended to have studied in detail the relevant sections from the following texts:
Craig & De Burca, EU Law: Text, Cases & Materials, 7th Edition or 8th Edition, (if published on time), (2020 or 2024), Oxford University Press;
Barnard, The Substantive Law of the EU – the Four Freedoms, 7th Edition, (2022), Oxford University Press;
Chalmers, Davies & Monti, European Union Law, 5th Edition, (2024) Cambridge University Press.

SUPPLEMENTAL READING
Candidates are also referred to the topical articles and case notes which appear particularly in the following periodicals: European Law Review (Sweet & Maxwell); the Common Market Law Review (Wolters Kluwer), the European Competition Law Review (Sweet & Maxwell) and the European Law Journal (Wiley).