Degree | Type | Year | Semester |
---|---|---|---|
2500786 Law | OB | 2 | 2 |
Statement: Teaching and assessment methods may be submitted to change in case health authorities impose restrictions to access to campus.In order to follow the European Union Law course adequately, a good knowledge of the basis of public international Law is required.
The classes will be taught in the following languages:
Group 1: Spanish. Profs. Carles Padrós and Joaquín Rodríguez Álvarez.
Group 2: Catalan. Prof. Montserrat Pi
Group 3: Catalan. Prof. Lídia Ballesta
Group 51: Catalan. Profs. Ágels Orriols and Lluís Cases
Group 52: Spanish. Prof. Sebastian Preller
Group 70: Catalan. Prof. Esther Zapater
- Comprenhend and analyze the process of evolution of the European Union, from its origins to date, identifying the methodology and the philosophy that inspires it.
- Describe and analyze the core elements of the EU from a legal perspective, in order to understand its legal and political nature.
- Understand the values of the EU, its objectives and its main policies.
- Understand the meaning of the conditions and mechanisms to be followed to become members of the EU.
- Understand the basic institutional architecture of the EU and the decision-making mechanisms.
- Understand the system of sources of EU law.
- Understand the consequences of the principles of primacy and direct effect of EU law.
- Understand the mechanisms of legislative and administrative application of EU law in Spain, both in its central and the autonomous regime.
- Understand the judicial control system and the primary role of the internal judge in the application of EU law.
I. INTRODUCTION
SECTION 1: CREATION AND EVOLUTION OF THE EUROPEAN UNION
Background. The Schuman Plan and the European Coal and Steel Community (ECSC). The Treaties establishing the EEC and the EAEC and its amendments. The Single European Act. The Treaty on European Union. The Treaty of Amsterdam. The Treaty of Nice. The Treaty establishing a Constitution for Europe. The Treaty of Lisbon. The enlargement of the members. The withdrawal.
SECTION 2: THE EUROPEAN UNION: JURIDICAL NATURE AND REGULATION IN FORCE
The Treaty on European Union. The Treaty on the Functioning of the European Union. The legal personality of the Union.
SECTION 3: OBJECTIVES AND PRINCIPLES OF THE EUROPEAN UNION
The values of the Union. The objectives of the Union. The main policies. The fundamental principles: (a) the principle of democracy and respect for human rights, (b) respect for the national identity of the Member States, (c) the principle of solidarity. Flexibility: mechanisms and legal framework.
II. THE INSTITUTIONS OF THE EUROPEAN UNION
SECTION 4: INTRODUCTION TO THE INSTITUTIONS OF THE EUROPEAN UNION
The institutional structure. The principle of institutional balance. The principle of transparency. Headquarters, staff and language regime. Privileges and immunities.
SECTION 5:THE EUROPEAN COUNCIL
Composition and functioning. The presidency. Functions.
SECTION 6: THE COUNCIL OF THE EUROPEAN UNION
Composition, internal organization and functioning. Special reference to COREPER. Competences. Relations with the European Council.
SECTION 7:THE EUROPEAN COMMISSION
Composition, internal organization and principles. Competences: a) initiative, b) control, c) normative role: execution and delegation.
SECTION 8: THE EUROPEAN PARLIAMENT
Composition, internal organization and functioning. Competences: a) political control, b) legislative, c) budgetary, d) in external action.
SECTION 9: THE EUROPEAN CENTRAL BANK
The European Central Bank and the European System of Central Banks. Composition, internal organization and functioning. Competences.
SECTION 10: THE COURT OF JUSTICE OF THE EUROPEAN UNION
I. The Court of Justice: (a) composition and internal organization, (b) jurisdiction. II. The General Court: (a) organization, (b) jurisdiction and its relationship with the Court of Justice. III. The specialized courts.
SECTION 11. EUROPEAN COURT OF AUDITORS
Composition. Internal organization and functioning. Competences.
SECTION 12. EUROPEAN UNION BODIES
European Economic and Social Committee. European Committee of the Regions. EU Administration by Agencies
SECTION 13. EU’S DECISION-MAKING PROCESS: THE INSTITUIONS AT WORK
I. Ordinary legislative procedure. Special legislative procedures. II specific procedures: A) budgetary procedure, B) procedure for the conclusion of international agreements.
SECTION 14. EUROPEAN UNION COMPETENCES
Basis of the EU competences: principle of conferral. Legal Basis. Types of competences. Principles governing the exercise of competences: Principle of subsidiarity, principle of proportionality.
III. SOURCES OF THE EUROPEAN UNION LEGAL ORDER
SECTION 15. PRIMARY LAW
Introduction to the sources of EU law. Primary Law: definition, content, features and functions. Scope of application; territorial, personal and temporal. Interpretation rules. Revision of the Treaties. Accession and withdrawal.
SECTION 16. DERIVATIVE LAW
Definition. Features. Binding acts: a) regulations, b) directives, c) decisions. Non-binding acts: recommendations and opinions. Differences between Legislative, Delegated acts and Implementing acts.
SECTION 17. THE NON-WRITTEN SOURCES OF EUROPEAN LAW AND EUROPEAN CASE-LAW
Definition and Features General principles of EU law. Decisions and Judgements of Court of Justice (Case-law). Hierarchy of the sources of law
III. EUROPEAN LAW AND THE MEMBER STATES’ LEGAL SYSTEMS
SECTION 18. PRINCIPLES GUIDING THE RELATIONS BETWEEN EUROPEAN LAW AND NATIONAL LAW
Direct applicability. The principle of direct effect of the EU law. The precedence principle: matter of the Fundamental Rights. Principle of Member State liability for breach of European law.
SECTION 19. LEGISLATIVE AND ADMINISTRATIVE IMPLEMENTATION OF THE EUROPEAN LAW
Implementation of the EU law by the EU Institutions and bodies. Implementation of EU laws by national authorities of the member States. Implementation in geographically compex States: the Spanish situation.
IV. LA GARANTÍA JUDICIAL DEL CUMPLIMIENTO DEL DERECHO DELA UNIÓN
JUDICIAL GUARANTEE OF THE EUROPEAN LAW ENFORCEMENT
SECTION 20. JUDICIAL CONTROL
Functions of the National Courts jurisdiction and European Court jurisdiction. Character of the judicial control of the European Court of Justice and classification criteria. Features of the different proceedings. Proceedings of the Court of Justice and Proceedings of the General Court. Action for annulment. Actions for failure to fulfil obligations.
SECTION 21. PRELIMINARY RULINGS
Nature of references for a preliminary ruling. Features. Procedure. Effects
SECTION 22. NATIONAL COURTS AND THE EUROPEAN UNION LAW
Right to judicial protection and principle of procedural autonomy. Non-application of national rules which arecontrary to European law and the interim protection provided by the national courts.
Statement: Teaching and assessment methods may be submitted to change in case health authorities impose restrictions to access to campus.
The learning process is based on the student's work based on their self-study, reading texts, searching for documentation and preparing papers. Teachers are responsible for the approach to problems and an adequate guidance to provide the student with the necessary tools for the correct understanding of the legal issues that may arise, as well as the tools to be used to solve them.
That consists in different activities that will be performed during the classes such as case studies, comments on case law, literature search, lectures. Those activities will be specified in a schedule available at Moodle before the beginning of the course.
Title | Hours | ECTS | Learning Outcomes |
---|---|---|---|
Type: Directed | |||
Practical lessons | 37.5 | 1.5 | 1, 6, 3, 8, 5, 2 |
Theorical lessons | 37.5 | 1.5 | 6 |
Type: Autonomous | |||
Documentation Research | 8 | 0.32 | 8 |
Preparation of assignments | 10 | 0.4 | 6, 3, 4, 8, 7, 5 |
Reading of Case law | 20 | 0.8 | 1, 6, 3, 4, 8, 7, 5, 10, 2 |
Reading of works and papers | 20 | 0.8 | 6, 2 |
Self Study | 90 | 3.6 | 3, 4, 6 |
The assessment will be based on a final exam (50%), three case studies ( 30%) and two quiz tests (20%).
The final assessment is the result of the arithmetic average calculation of all the evaluative activities
At the beginning of the course, the professor in charge of each group will inform about the activities and their schedule.
Only those students who don’t pass the assessment of the subject as a whole, having obtained a mark on the exam of at least 3 out of 10, will be eligible for the reassessment exam.
The reassessment will be based on an exam.
A student who cheats or try to cheat an exam will have a 0 as a mark. A Student who submits a paper o practical in which there is evidence of plagiarism will have a 0 as a mark and will receive a warning. In case of repetition, the students will fail the subject.
Title | Weighting | Hours | ECTS | Learning Outcomes |
---|---|---|---|---|
Activity 1 | 10% | 0 | 0 | 1, 6, 3, 4, 8, 7, 5, 9, 10, 2 |
Activity 2 | 10% | 0 | 0 | 1, 6, 3, 4, 8, 7, 5, 9, 10, 2 |
Activity 3 | 10% | 0 | 0 | 1, 6, 3, 4, 8, 7, 5, 9, 10, 2 |
Examination | 50% | 2 | 0.08 | 1, 3, 4, 6, 5, 2 |
Test 1 | 10% | 0 | 0 | 1, 4, 6, 7, 9 |
Test 2 | 10% | 0 | 0 | 1, 4, 6, 7, 9 |
Basic bibliography
A.-Legislation
- Tratado de la Unión Europea, Tratado de Funcionamiento y otros actos básicos de la Unión europea, Tecnos, Madrid, 2019.
B.- Books
- ABELLÁN HONRUBIA, VICTORIA; VILÀ COSTA, BLANCA (dir), Lecciones de Derecho Comunitario Europeo, Ariel Derecho, Barcelona, 6 ª ed., reimpresión 2016
- MANGAS MARTÍN, ARACELI; LIÑÁN NOGUERAS, DIEGO JAVIER, Instituciones y Derecho de la Unión Europea, Tecnos, 9 ed., Madrid, 2016.
Additional bibliography
- ALCAIDE FERNÁNDEZ, JOAQUÍN; CASADO RAIGON, RAFAEL, Curso de Derecho de la Unión Europea, Tecnos, Madrid, 2011
- ALONSO GARCÍA. RICARDO, Sistema jurídico de la Unión Europea, Civitas, Madrid, 4ª ed., 2014
- GUTIÉRREZ ESPADA, CESÁREO; CERVELL HORTAL, MARÍA JOSÉ; PIERNAS LÓPEZ, JUAN JORGE, La Unión Europea y su derecho, Trotta, 2015.
- SARMIENTO, DANIEL, El Derecho de la Unión Europea, Marcial Pons, Madrid, 2016.