This final assessment takes the form of an individual piece of work equivalent to 3,000 words, and contributing 50% of the overall module mark. Due to the incremental development of the module, students are expected to demonstrate accurate and insightful legal arguments around the complex, and various legal issues of the business based scenario. As with Writ 1 there must be evidence of wide legal research and critical analysis.
Word Length 3,000 words (+/- 10%) This excludes case names, legislation and references.
Referencing: Students are required to use the Harvard style of Referencing and appropriate legal referencing. Students are directed to the resource folder where such information can be found. (Folders will be added onto attachments for the expert to go through)
Marking and Grading Criteria: Students are encouraged to read and understand the overall marking criteria to be used in determining performance levels. The document is provided on Moodle within the assessment folder.
• • Critically identify the sources of EU Law, their specific characteristics and contribution to the control and regulation of business practices across the EU.
• • Critically evaluate the substantive law of the EU in terms of their effectiveness and limitations
Although her business is doing well financially, Francesca is now planning to start importing her chocolates to two new EU markets: Croatia and Bulgaria. She has however come across a number of problems.
1. 1. In Bulgaria all of the domestic production of chocolates, is in small workshops, using very traditional methods and ingredients. Bulgaria’s standard rate of VAT is 15% and is charged on most chocolates. However the luxury chocolates produced in Bulgaria by “traditional methods” pay the lower tax rate of 6% VAT. The Bulgarian Minister of Culture has confirmed that the reason for this is the preservation of the Bulgarian cultural heritage of luxury chocolate making.
1. 2. When the first consignment of chocolates arrived in Croatia they were impounded by the Croatian customs authorities under a recent Croatian law. This was on the basis of the fact that animal gelatine which is used by Chocoholics in the manufacture of their chocolates are banned in Croatia on the grounds of health. All of the chocolates manufactured in Croatia use vegetable gelatine.
1. 3. Francesca has also been having problems in her private life. Whilst attending a chocolatier convention in America several years ago, she met and fell in love with a young chocolatier called Amber. Their relationship continued on Francesca’s return to the UK and last year she travelled to Denmark where she and Amber underwent a civil marriage ceremony. Amber returned to America to look after her aging mother who was seriously ill.
Amber now wishes to come and live in the UK with her partner, Francesca. She has however been refused entry into the UK by the UK authorities as they are aware that she has in the past served an eight year sentence for money laundering .
Francesca who was totally unaware of this Amber’s criminal history is distraught and matters have been made even worse as she has been told that she can herself no longer remain within the UK as she is not a UK national.
Identify all of the legal issues raised by the scenario. Carry out a detailed investigation into relevant EU law, using accurate case law, primary and secondary law to support your answer. Provide reasoned conclusions for your advice to Francesca in relation to each of the problems.
Demonstration of legal knowledge and understanding?
Have I demonstrated my understanding of the salient legal points raised by the topic? Have I applied my knowledge appropriately to the question?
2:1 to FIRST!
Detailed, accurate, and relevant. Key points highlighted. Demonstrates systematic understanding of all key aspects of topic and excellent breadth and depth of knowledge. Appreciating any ambiguities in the area of legal study. Strong ability to apply legal knowledge to the key issues of the task
Detailed, accurate, relevant. Shows thorough understanding of key aspects of topic. Discussion of more complex legal issues often tackled successfully
Critical analysis, development of legal argument and use of authority to support reasoning?
Are the points that I have made well reasoned and supported by reference to legal authority? Have I shown appreciation of alternative perspectives and identified possible flaws in arguments, counter-arguments and defences where appropriate? Have I evaluated the arguments and provided reasons or evidence for my conclusion or advice?
2:1 to FIRST!
Analytical and clear conclusions well grounded in legal doctrine and authority, possibly showing development of new and innovative solutions to legal problems. Key points supported with legal authority, and alternative perspectives are critically evaluated. Comments perceptively on the application of legal authority to practical problems
Able to undertake detailed legal analysis, Good development of arguments which are substantiated Most points illustrated with relevant evidence. Good evidence of evaluation and ability to make appropriate judgments
Research and use of legal sources. Accurate referencing
Have I synthesized information from primary and secondary sources and have I identified and used material which is relevant to the task and referenced it accurately?
2:1 to FIRST!
Wide variety of sources used extending well beyond programme material, showing strong ability to synthesise. Academic and textbook referencing clear, relevant and consistently accurate using the Harvard system.