Public Participation in the Institutions of the European Union
Code: 102257 ECTS Credits: 6| Degree | Type | Year |
|---|---|---|
| 2500786 Law | OT | 4 |
Contact
- Name:
- Cristina Blasi Casagran
- Email:
- cristina.blasi@uab.cat
Teaching groups languages
You can view this information at the end of this document.
Prerequisites
Students enrolling this course need to have prior notions of law. It is not necessary to have specific prior knowledge of European Union law. However, those students with no previous EU law background will have to do some additional reading before the course. Please contact the lecturer for further details about the specific bibliography on EU law.
Students need to have at least a C1 level in English.
This course will be taught taking into account the current Sustainable Development Goals.
Objectives and Contextualisation
- Understanding and analysing political rights linked to European citizenship.
- Understanding the European Union law and the citizenship rights through case-law developed by the CJEU.
- Analysing the institutional architecture of the European Union as well as its inter-dynamics from the perspective of democratic legitimacy and its legal conceptions.
- Understanding the means of communication that EU citizens have before the institutions of the European Union from a legal perspective.
Competences
- Apprehending the necessary mechanisms in order to know, assess, and apply the legislative reforms as well as to follow the changes produced in a concrete subject.
- Arguing and laying the foundation for the implementation of legal standards.
- Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
- Identifying and solving problems.
- Identifying, assessing and putting into practice changes in jurisprudence.
- Identifying, knowing and applying the basic and general principles of the legal system.
- Managing bibliographic and documentary resources: databases, browsing, etc.
- Memorising and utilising legal terminology.
- Present information in a way that is appropriate to the type of audience.
- Searching, interpreting and applying legal standards, arguing every case.
- Students must be capable of demonstrating the unitary nature of the legal system and of the necessary interdisciplinary view of legal problems.
- Students must be capable of learning autonomously and having an entrepreneurial spirit.
- Working in multidisciplinary and interdisciplinary fields.
Learning Outcomes
- Applying an interdisciplinary and integrated vision of the legal problems in an international environment.
- Assessing legislative changes and reforms in a context of plurality of systems.
- Building a legal reasoning or discourse in the field of Public International Law, Private International Law and European Union Law.
- Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
- Identifying and assessing the changes and evolution of jurisprudence in a context of plurality of systems.
- Identifying and knowing the basic contents of every stipulated speciality.
- Identifying and solving problems.
- Managing bibliographic and documentary resources: databases, browsing, etc.
- Memorising and using the specific terminology of Public International Law, Private International Law and European Union Law.
- Present information in a way that is appropriate to the type of audience.
- Seek out, interpret and apply legal provisions related to Public Internacional law, Private International Law and European Union Law.
- Students must be capable of learning autonomously and having an entrepreneurial spirit.
- Working in multidisciplinary and interdisciplinary fields.
Content
Section 1. - Concept and limits of European citizenship
Rights / obligations of a European citizen. - Obtaining European citizenship. - Difference between citizenship and nationality. - Origins and history of European citizenship. - European citizen categories. - Development of the concept of citizenship by the ECJ.
Section 2 - Political rights of European citizens
The electoral procedure. - The voting rights of European citizens. - Conditions to vote in municipal elections and in EP elections. - Case law of the ECJ and ECHR. - Electoral systems in Member States.
Section 3. - The powers and functions of the European Parliament
Increased powers of the EP. - Basic functions of PE. - Parliament as a legislator: co-decision with the Council, the legislative initiative and control of non-legislative acts. - Fast-track procedure. - The parliamentary control.
Section 4. - Members of the European Parliament
Temporary staff. - General Secretary. - MEPs: the European status and the role of individual MPs. - EP President. -Asistents of MEPs. - The parliamentary committees. - Temporary committees of inquiry. - The European political groups. - The figure of the rapporteur.
Section 5. - The role of national parliaments in the EU
The participation of national parliaments along the Treaties of the European Union. - Consultation of national parliaments on respect for the principle of subsidiarity. - Cooperation between the European Parliament and the parliaments of the Member States. - Functions of the national parliaments since the Treaty of Lisbon. - The early warning procedure.
Section 6. - Referendums on EU issues
Referendums accession or withdrawal of the European Union. - Referendums of ratification of treaties. - Referendums on EU policies. - Case-study: Brexit.
Section 7. - The EU citizens' initiative inthe Treaty of Lisbon
The right of citizens to ask for new legislation. - The applicable procedure. - Conditions of background. -Study of past and present initiatives.
Section 8. - The participation of civil society: The European Economic and Social Committee
Members of the European Economic and Social Committee. -EESC categories. - President of the EESC. - Powers of the EESC. - Areas of consultation of EESC.
Section 9. - The petitions and complaints of EU citizens
The right to petition before the Parliament. - Procedural issues. - The European Ombudsman: Origins and evolution. - Limits of the European Ombudsman. - Differences between the Ombudsman and the CJEU.
Activities and Methodology
| Title | Hours | ECTS | Learning Outcomes |
|---|---|---|---|
| Type: Directed | |||
| Assignments | 11.5 | 0.46 | 1, 3, 4, 6, 5, 7 |
| Debates | 4 | 0.16 | 3, 4, 8, 12 |
| Oral presentations | 6.5 | 0.26 | 1, 3, 8, 5, 12 |
| Theoretical lectures | 22 | 0.88 | 3, 6, 9, 2 |
| Type: Autonomous | |||
| Assessment | 5 | 0.2 | 3, 4, 10, 7 |
| Essays drafting and preparation | 25 | 1 | 1, 3, 4, 6, 9, 13 |
| Reading of academic journals and case-law | 20 | 0.8 | 5, 2 |
| Search of documents | 8 | 0.32 | 12, 13 |
| Study | 43 | 1.72 | 6, 9, 12 |
During the course, students will carry out different types of activities. A large part of the learning is acquired outside the classroom, through the autonomous study of the student. This study is complemented with the reading of texts and case-law, as well as the preparation and writing of assignments and activities.
Class attendance is essential because there will be several theoretical sessions, necessary for developing the assignments and activites. In addition, a large part of these activities are performed in class hours, and consist of the participation in debates, solving questions related to case-law or texts previously read, and also giving oral presentations.
Annotation: Within the schedule set by the centre or degree programme, 15 minutes of one class will be reserved for students to evaluate their lecturers and their courses or modules through questionnaires.
Assessment
Continous Assessment Activities
| Title | Weighting | Hours | ECTS | Learning Outcomes |
|---|---|---|---|---|
| Assignment 1 | 10% | 0.7 | 0.03 | 3, 6, 5, 7 |
| Assignment 2 | 10% | 0.7 | 0.03 | 1, 6, 5, 2 |
| Assignment 3 | 10% | 0.8 | 0.03 | 4, 8, 5, 10, 12, 2 |
| Attendance and interaction | 10% | 0.5 | 0.02 | 1, 4, 8, 6, 5, 9, 7, 12, 13, 2 |
| Final Test | 50% | 2 | 0.08 | 1, 6, 5, 9, 2 |
| Submission of all class activites | 10% | 0.3 | 0.01 | 11, 3, 6, 7, 2 |
The final grade will be the result of combining continuous assessment with the final exam.
The continuous assessment will be a 50% of the final score and will consist of 5 different activities: Three assignments (10% each), submission of all class activites (10%), and attendance and participation in class (10%).
The specific date for evaluated activities will be published in the Moodle platform before the start of the course, and it will be explained in detail on the first day of class.
The other 50% will be obtained from a final exam, which will consist of short questions of aspects learned in class.
Students will be evaluated as long as they have carried out a set of activities whose weight is equivalent to a minimum of 2/3 of the total grade for the course. If the value of the activities carried out does not reach this threshold, the lecturer may consider the student as "Non-evaluable".
The single assessment (only in cases a student has previously requested it and has been duly approved) will consist of three tests: 1) a written test of knowledge of the contents of the course (50% of the final mark), 2) an oral test in which the knowledge, oral skills and critical thinking will be examined (25% of the final mark), and 3) a case study, where the ability to apply the theoretical contents of the course to a factual situation will be examined (25% of the final mark). If students do not achieve a 5 by taking the arithmetic average of the three tests, they could opt for re-evaluation, as long as they reach a minimum of 3 out of 10 in the written knowledge test. The second-call will consist of a single exam (100% of the grade). The non-evaluable criterion will be applied in the same terms as explained for continuous evaluation.
Reevaluation (second-call exam): Students who do not pass the subject according to the indicated method, but who have obtained at least 3 (out of 10) in the final grade for the course may take the re-evaluation. The provisions relating to reassessment are strictly applied and interpreted. Students choosing single evaluation will have the same reevaluation system as for the continuous evaluation.
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.
The material and language of the course is always English. Therefore, the final test will be written in English too.
Bibliography
Mandatory:
Cristina Blasi Casagran, "Handbook on public participation in the institutions of the European Union" (3rd edition), Servei de Publicacions UAB (Bellaterra: 2021), ISBN 978-84-490-8523-9
Complementary:
Elspeth Guild and Valsamis Mitsilegas, “Immigration and Asylum Law and Policy in Europe”, Brill | Nijhoff, Boston, Massachusetts (USA), April 2015, ISSN: 1568-2749
David M. Farrell and Roger Scully, “Representing Europe's Citizens?Electoral Institutions and the Failure of Parliamentary Representation”, Oxford University Press, May 2007, ISBN: 9780199285020
Ulrike Liebert, Alexander Gattig and Tatjana EVAS, “Democratising the EU from Below? Citizenship, Civil Society and the Public Sphere”, Ashgate, 2013, ISBN 9781472408303
Fernando Mendez, Mario Mendez and Vasiliki Triga, “Referendums and the European Union. A Comparative Inquiry”, Cambridge Studies in European Law and Policies, June 2014, ISBN: 9781107034044
The European Ombudsman: Origins, Establishment, Evolution, Dictus Publishing, December 2010, ISBN-10: 3843343403.
Cristina Blasi Casagran, Global data protection in the field of law enforcement: An EU perspective, Routledge. Taylor & Francis Group, Oxfordshire, UK, June 2016.
Kristine Kruma, "EU Citizenship, Nationality and Migrant Status: An Ongoing Challenge", Martinus Nijhoff Publishers, 2013.
Gregorio Garzón Clariana, “Introducción”, G. Garzón Clariana (ed.): Ciudadanía europea y democracia – La reforma del acta electoral y de los partidos políticos europeos/European citizenship and democracy – The Reform of the electoral act and of European political parties/Ciutadania europea i democràcia – La reforma de l’acta electoral i dels partits polítics europeus, ed. Marcial Pons, Madrid2012, p. 23 a 27.
Gregorio Garzón Clariana, ”El control parlamentario del ejecutivo en la Unión Europea” F. Pau i Vall (coord..): El control del Gobierno en democracia, Madrid, Tecnos, 2013, p. 19-40.
Gregorio Garzón Clariana, “Les droits politiques des citoyens de l’Europe: les vingt premières années”, ERA Forum (2013) p. 545-567.
Software
The subject does not require any specific software.
Language list
| Name | Group | Language | Semester | Turn |
|---|---|---|---|---|
| (PAUL) Classroom practices | 1 | English | second semester | morning-mixed |
| (TE) Theory | 1 | English | second semester | morning-mixed |