EU LAW IN THE UK Formative 2021 22 24th Sept

Formative Coursework in EU Law
Instructions
When preparing to answer the question below, you should revise your lecture notes and
read either:
Steiner and Woods, chapter 5, or Foster, chapter 8 and other reading on direct effect.
ADDITIONAL READING
, Your work should be no more than 750 words and written in continuous prose
 Be word processed in size 12 Times New Roman font

 Contain at least 2 references to academic literature (e.g. a good textbook or journal
article)
 Include a short bibliography listing all of the sources you have used in OSCOLA
format
 Should be uploaded via the turnitin link (accessible via the EU moodle page) which
will be available one week in advance of submission
Question
Directive 2019/99 E.C. (fictitious) was adopted in 2019 with an implementation deadline of
30th November 2021. The Directive requires the introduction of government funded
schemes in all Member States entitling fathers to ‘six months paid paternity leave’ when
their child is born or when they adopt a child. France has just implemented the directive but
has changed the length of paid leave to just three months.
Pierre’s wife has recently given birth to their first child and Pierre wishes to take his
paternity leave entitlement. His employer, EAU, a privatised water company that is partly
funded and regulated by the French government, is refusing to allow him his entitlement of
six months paid paternity leave. Instead, EAU is allowing Pierre to take just three months
paid paternity leave as per the new French legislation.
Advise Pierre as to how the doctrine of direct effect could be used to enforce his rights under
EU law?
PLEASE NOTE THAT YOU WILL NOT BE GIVEN A SPECIFIC MARK FOR THIS WORK AS THE
WORD COUNT IS ONLY 750 WORDS,
YOU WILL GIVEN AN INDICATION OF THE MARKING BAND INTO WHICH YOUR WORK
FALLS E.G. MID COMMENDATION ( 62- 65% ) OR MID HIGH PASS ( 45-48%).
1
Please find below the MMU STEP MARKING TABLE and Step Marking Descriptors that
apply to extended pieces of writing on the GDL but which you may nonetheless find useful
to keep to hand as a general guide in drafting your answer.
MMU STEP MARKING TABLE
All marking on the GDL in the Law School stems from the assessment indicators. Markers
should use the appropriate indicators to determine the band into which each assessment
element falls, be that a single piece of coursework or an answer on an examination paper.
The marker should then go on to apply the appropriate “stepped” mark that indicates the
level of attainment, within that band, that has been achieved.
In the case of an exam where there may be a number of answers each answer should be
placed on a step and then the marks averaged in the normal way to produce the overall
mark for that examination script. There is no need to put the overall mark onto a step.
Mark GDL Award class Standards

90+
85
80
75
72 Distinction (70 plus)
68
65
62 Commendation (60-69)
58
55 High Pass (50-59)
52
48
45 40-49
42 Low Pass
38 very marginal fail 39% AND BELOW

35 marginal fail
30 clear fail
25- poor fail
There are no “steps” for marks above 90 or below 25, and markers will use discretion in
those areas.
2
Assessment Criteria
The summative coursework will be step marked according to the following GDL specific
assessment criteria, namely the GDL STEP MARKING DESCRIPTORS FOR EXAMINATIONS
AND EXTENDED WRITING
GRADE DESCRIPTORS
The following are general guidelines of the level of work that would be
expected in order to achieve the relevant grade.
DISTINCTION  Writing style - The work is communicated fluently and creatively in

70%-100% the appropriate form with precise use of English.
 Structure - The structure is well conceived and clearly signposted.
The paragraphs are clearly linked and create a seamless piece of
work. The discussion of issues is in proportion to their importance.
 Understanding - There is authoritative knowledge of the law and a
clear grasp of the wider context in which the law operates.
 Application - The law is convincingly applied to the issues in the
question, and sophisticated conclusions are reached. There may
also be speculation about alternative scenarios and conclusions
which are extrapolated with precision.
 Critical Analysis - There is the ability persuasively to assess the
strengths and weaknesses of the key arguments and very good
critical analysis / evaluation.
 Research - There is extensive reference to primary and secondary
sources to support the points, and there is also assessment of the
value those sources.
Commendation  Writing style -The work is communicated clearly and confidently in
60—69% the appropriate form and the writing style is very good.
 Structure - The structure is well conceived and clearly signposted
making the discussion easy to follow.
 Understanding -The law is clearly and accurately explained with a
very good level of understanding and there is understanding of the
wider context.
 Application -The law is confidently applied to most of the issues in
the question, but some of the more nuanced points may have been
omitted. Justifiable conclusions are reached and there may be
limited speculation about alternative scenarios and conclusions
where appropriate.
 Critical Analysis -There is the ability to identify, analyse and balance
the key arguments with evidence of critical evaluation where
appropriate.
 Research -There is very good reference to primary and secondary
sources to support the points, although there may be little attempt
made to assess the value of those sources.
HIGH PASS  Writing style -The work is communicated effectively in the
3
50%-59% appropriate form and generally free of spelling mistakes and
grammatical errors.
 Structure -The structure is clear and logical and the arguments flow
from one to the next, but there may be some irrelevant material or
repetition.
 Understanding -The law has been clearly and accurately explained
and there may be some limited understanding of the wider context.
 Application -There is a reasonable application of the law to the
facts in the question. Justifiable conclusions are reached.
 Critical Analysis - Competing arguments are identified and there
may be evidence of some basic critical analysis.
 Research - Appropriate primary and secondary sources have been
identified and properly used, but there may be no assessment of
the value those sources.
LOW PASS  Writing style The work is communicated in the appropriate form,
40%-49% but at times may contain some elements of weak expression.
 Structure - The structure will be reasonably well thought out and
logical. There may be some irrelevant material that does not
address the question.
 Understanding - The answer will have a largely accurate description
of the relevant law, however, it might not be complete in some
respects. No reference to the wider context in which the law
operates.
 Application - There is a reasonable attempt to deal with the main
issues in the question with mostly accurate application of the law to
the facts. The conclusions drawn are generally justifiable.
 Critical Analysis - There is a fair description of the key arguments,
but there is no evidence of critical analysis.
 Research - A limited number of primary and secondary sources will
have been used, but there may be the occasional omission of a key
case or other key text.
MARGINAL  Writing style -The communication of the work is inadequate and is
FAIL likely to contain a number of grammatical and spelling errors.
35%-39%  Structure - The structure will be adequate, but at times may be
unclear / illogical with paragraphs not flowing smoothly into each
other. There may be a lot of irrelevant material and repetition.
 Understanding - There is basic knowledge of the law and the main
legal points are described and explained, but they may be some
errors or omissions. No reference to the wider context in which the
law operates is expected.
 Application - Only the key issues will have been discussed and the
application of the law to the facts might be weak in places. Some
very basic conclusions are drawn.
 Critical Analysis - There is basic comment on the key legal
arguments, but no critical evaluation.
 Research - There will be reference to a very small number of key
sources, and some of those sources may be misused / incorrect.
4
CLEAR FAIL  Writing style The communication of the work will be very weak and
0% - 34% may not be in the appropriate form.
 Structure - The structure will be poor and confused at times. There
may be a lot of irrelevant material and repetition.
 Understanding - The level of knowledge shown will be superficial
and there will be inaccuracies in the description of the law.
 Application - Only a few key issues will have been addressed and
the application of the law to the facts will be poor and contain
several errors and omissions. The conclusions may be
inappropriate, or in some cases not drawn at all.
 Critical Analysis - There will be no critical analysis at all.
 Research - There will be barely any reference to sources. The
sources may be incorrect.

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EU LAW IN THE UK Formative 2021 22 24th Sept

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Formative Coursework in EU Law

 Be word processed in size 12 Times New Roman font

MMU STEP MARKING TABLE

Mark GDL Award class Standards

38 very marginal fail 39% AND BELOW

DISTINCTION  Writing style - The work is communicated fluently and creatively in

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