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2020/2021

Catalan Political Institutions

Code: 102213 ECTS Credits: 6
Degree Type Year Semester
2500786 Law OT 4 0
The proposed teaching and assessment methodology that appear in the guide may be subject to changes as a result of the restrictions to face-to-face class attendance imposed by the health authorities.

Contact

Name:
Mercè Barceló Serramalera
Email:
Merce.Barcelo@uab.cat

Use of Languages

Principal working language:
catalan (cat)
Some groups entirely in English:
No
Some groups entirely in Catalan:
Yes
Some groups entirely in Spanish:
No

Prerequisites

None in particular

Objectives and Contextualisation

Know the public law of Catalonia: regulatory, institutional and competence system of the Generalitat and the rights of citizens.

Competences

  • Drawing up and formalising works, reports, documents, rulings.
  • Efficiently managing information, being capable of assimilating a considerable volume of data in a limited amount of time.
  • Identifying the underlying conflicts of interest in disputes and real cases.
  • Identifying, knowing and applying the basic and general principles of the legal system.
  • Integrating the importance of Law as a regulatory system of social relations.
  • Managing bibliographic and documentary resources: databases, browsing, etc.
  • Students must be capable of demonstrating the unitary nature of the legal system and of the necessary interdisciplinary view of legal problems.
  • Students must prove they know and comprehend the main public and private institutions in its genesis and as a whole.
  • Use different information and communication technologies.

Learning Outcomes

  1. Analysing and assessing in a legal-constitutional way several current problems of society.
  2. Contextualizing the configuration given by the Statute of Autonomy of Catalonia to the Autonomous Community.
  3. Demonstrating knowledge from the basic contents on the subject.
  4. Drawing up and formalising works, reports, documents, rulings.
  5. Efficiently managing information, being capable of assimilating a considerable volume of data in a limited amount of time.
  6. Establishing the constitutional and statutory rules of operation, composition, limits and control of the several autonomic institutions.
  7. Explaining how the several elements of the legal standard system are interrelated and self-limited, forming a system.
  8. Identifying the different regulatory local, autonomic, state and European levels.
  9. Knowing the constitutional foundations of territorial distribution of power.
  10. Knowing the interrelation, separation and cooperation rules, between the several powers and institutions of the different autonomic, state and European areas.
  11. Knowing the political institutions of Catalonia: their structure, composition, limits, competences, roles, functioning and adaptability in the constitutional legislation.
  12. Managing bibliographic and documentary resources: databases, browsing, etc.
  13. Understanding the constitutional and statutory role of autonomic public authorities and its relation to the state and European authorities.
  14. Understanding the fundamental principles of an autonomic system. Principles of autonomy, unity and solidarity.
  15. Understanding the needs of every society to provide themselves with a concrete political organization that guarantees some minimums of coexistence.
  16. Use different information and communication technologies.

Content

BLOCK 1: CATALONIA IN THE AUTONOMOUS STATE

 

1.- The territorial constitution

2.- The current territorial model as a consequence of the autonomic process

3.- Catalonia's access to autonomy

4. The statutory reform of 2006, the STC 31/2010 and the fit of Catalonia in the autonomous State

5. Catalonia post-sentence: the formulation of the right to decide

 

BLOCK 2: the defining elements of autonomy CATALONIA

 

1. Catalonia as a nationality. The historical rights. The Generalitat as an institution of self-government of Catalonia (President, Parliament, Government, other instutucions). The rights of citizens and the guiding prinmcipis. The territory. The political condition of Catalan.

 

2. The linguistic regime of co-officiality.

 

BLOCK 3: STATUTE AND SOURCES OF THE RIGHT OF CATALONIA

 

1. The sources of law. State legal order and regional legal systems: their relations

2. The Statute of Autonomy

3. The law. The parliamentary regulation. The norms with the rank of law: the legislative decrees and the decrees law. the rules

 

BLOCK 4: THE COMPETENCES OF THE GENERALITAT

 

1.- The distribution of powers.

2.- Statutory powers: typology.

3.- Extra-statutory competences.

4.- Royal Decrees of transfers.

5.- Competence conflicts.

6.- The institutional relations of the Generalitat with the State. The relations of the Generalitat with the European Union. The external activity of the Generalitat.

 

BLOCK 5: THE RIGHT TO DECIDE

 

1. The construction of the right to decide

2. The right to self-determination and the right to decide

3. The content of the right to decide

Methodology

The teaching within the framework of this subject will be developed through:
										
											
										
											a) Lectures, in which the first hour and a half of class will normally be devoted and,
										
											
										
											b) The participation of the students through the presentation of previously elaborated works, to which the second hour and a half of class will usually be dedicated.
										
											
										
											The rest of the dedication of the student's autonomous work will be to prepare the program of the subject with the bibliography and the materials presented by the responsible teacher and the preparation of the works under the supervision of the same.
 

Activities

Title Hours ECTS Learning Outcomes
Type: Directed      
master classes, preparation of work, group practices 45 1.8 13, 9, 11, 10, 6, 8
Type: Autonomous      
preparation of the exam, reading of manuals, preparation of conceptual maps. 100 4 13, 2, 9, 11, 10, 8

Assessment

1) Students who follow continuous evaluation:
										
											
										
											- Compulsory attendance (more than two absences can not be followed continuous evaluation)
										
											
										
											- Presentation of cases in class (part of 20% of the grade)
										
											
										
											- Presentation of STC (part of 20% of the note)
										
											
										
											- Presentation of the syllabus (it forms part of 20% of the grade)
										
											
										
											- Reading and oral interview about a book (20% of the grade)
										
											
										
											- Written tests of the syllabus (20% of the grade)
										
											
										
											 
										
											The virtual date, before the beginning of the teaching, the concrete date or the week of realization of the assessable activities will be published in the Virtual Campus, without prejudice to the fact that, exceptionally and due to force majeure, they can, with sufficient notice and advance, be modified. 
										
											
										
											2) Students of single evaluation: final exam on the date indicated by the faculty. The final exam may be subject to reevaluation on the date set by the faculty if the student obtains a minimum score of 3 points.

Note: A student who cheats or tries to cheat in an exam will be given a 0. A student who submits a paper or a practical exercise in which evidence of  plagiarism can be identified will be given a 0 and will receive a warning.
 
 

Assessment Activities

Title Weighting Hours ECTS Learning Outcomes
Weekly tests 100% 5 0.2 1, 14, 13, 15, 2, 9, 11, 10, 3, 7, 6, 5, 12, 8, 4, 16

Bibliography

Mercè Barceló; Joan Vintró (coords.): Dret Públic de Catalunya, Ed. Atelier, 2011 (2a ed)