Universitat Internacional de Catalunya
European Law
Other languages of instruction: Catalan, Spanish,
Teaching staff
Through request by sending an email.
Professor Joaquim Llimona can be contacted at: jllimona@mesadvocats.com or jllimona@uic.es
Introduction
Challenges such as climate change and energetic transition, the Covid-19 pandemic and the war in Ukraine are challenges to which an effective response clearly cannot be given at the level of individual states, Italy or Spain, but requires acting as Europe: as the European Union.
The aim of this course is to provide the elements of knowledge and debate that allow us to understand the role and potential of the European Union, and the importance for our countries of being members of this international organization.
It explains the history and functioning of the organization: its institutions, legal system and budget, as well as its objectives and policies, with a special emphasis on the internal market, citizenship, the external dimension of the EU and the priorities and challenges that today mark the European agenda.
1-. In relation to your previous education and background, reflect on the impact that the European Union has had on your decisions so far, and whether you perceive the advantages of belonging to this organization.
2-. Today there is a perception that the major challenges and threats facing us are global and can only be tackled through international integration.
What are the issues that most concern you in your daily life and activity?
- Inflation.
- Insecurity.
- Employment. Professional future.
- Climate change.
- Social tensions: uncohesive societies.
- Artificial intelligence. Digital transition
- Health threats
- Geopolitics: The Russian threat and the Chinese challenge.
In these areas, which do you think is more effective: acting unilaterally as Italy or Spain, or as the EU?
3- Do you know what the advantages of European citizenship are, and can you cite a specific benefit you have obtained from the EU?
4- What do you think about the Euro, the European Central Bank? Have you heard of the "Italian lira" or the "Spanish
peseta"? How do you think they would have resisted inflation?
Objectives
The course enables the student to understand the phenomenon of European integration; to learn about the historical process that has brought us to where we are today, to understand how the European Union works and what it is: its institutions, its law and its budget, and to learn about its main areas of action and results.
Competences/Learning outcomes of the degree programme
- 33 - To be able to search for, interpret and convey information.
- 41 - To be able to descriptively summarise information.
- 45 - To be able to work with academic papers.
- 46 - To acquire the ability to understand and participate in conferences and lectures in an academic context.
- 50 - To acquire the ability to relate concepts, analyse and synthesise.
- 53 - To acquire the skills necessary to learn autonomously.
- 56 - To be able to create arguments which are conducive to critical and self-critical thinking.
- 65 - To acquire the ability to put knowledge into practice.
- 66 - To be able to retrieve and manage information.
Learning outcomes of the subject
- Students will acquire a sound knowledge of European integration and the evolution of the institutional system.
- Students will know the content of the four freedoms of the internal market and understand the opportunities that these freedoms create for them.
- Students will acquire skills to learn the genesis, content and purpose of European rules that affect their personal sphere and their professional activity.
- Students will acquire teamwork skills.
- Students will become more sensitive to respect for other traditions and cultures.
- Students will have a sense of what are the global challenges that need to be addressed together.
- Students will acquire sensitivity to issues related to fundamental rights.
- Students will be able to research, interpret information and use it to solve practical problems related to EU law.
- Students will acquire skills for independent learning.
Syllabus
1. History of European integration: from the Treaties of Paris and Rome to the Treaty of Lisbon. The aims and nature of the European Union.
In these introductory lectures, we will examine the history of the European integration process, up to the present day,
We will discuss the context in which the integration process started (Post World War II), the main achievements and crises, the changing global context and its influence on the integration process.
We will also focus on EU membership: enlargements and the recent withdrawal of the United Kingdom, as well as the recent membership applications of Ukraine and Moldova.
Finally, we will explain what are the objectives of European integration, what values govern the EU and its legal nature: an international organization or a federal structure?
2. The EU institutions.
In these lessons, we will first focus on the uniqueness of the EU's institutional structure and the fundamental principles governing the relations of the EU institutions.
The composition, functioning and main competences of the Commission, the Council and the European Council, the Parliament and the Court of Justice will be explained. Other institutions and auxiliary bodies will also be discussed.
Students will acquire a knowledge and understanding of the institutions that is essential for anyone interested in engaging with the EU.
3. The legal system of the European Union: EU law.
The EU is a community of law. To understand it, it is useful to know its sources: primary sources (the treaties), secondary sources (regulations, directives, decisions and other acts), international agreements and general principles of law.
We will explain how European rules are adopted and how companies and sectors can influence their content.
Secondly, we will examine the relationship between EU law and the legal systems of the Member States. EU law is applied in our countries according to two principles: primacy and direct effect. Union law today is our law.
Thirdly, we will look at EU legal mechanisms to ensure that Member States and EU institutions do not infringe EU law.
4. EU budget.
The budget is, together with the EU institutions and EU law, the third tool to ensure the functioning of the EU. Information will be provided on the financial resources, the main figures of the budget and how the money is spent. We will also discuss the procedure.
Finally, we will look at the Multiannual Financial Framework 2021-2027.
5. Objectives and achievements of European Integration.
5.a)-. The European single market: four fundamental freedoms and complementary policies: competition law.
These classes will examine the political and historical reasons behind the internal market and the different legislative tools to harmonize legislation, mainly in the area of goods, which has developed the most. We will also look at the main cases through which the Court of Justice has developed some of the concepts included in the treaties, such as "measures having equivalent effect". We will focus on the benefits that individuals and companies can obtain in the single market, analyzing practical cases.
During the course we will analyze some of the most important policies of the European Union, especially those that have an impact on economic and business activity. Within these policies, competition law is one of the key areas of EU action, with the aim of guaranteeing the free play of the market for all European companies.
5.b)-. The EURO: an EU achievement.
The EURO as a mechanism to improve the functioning of the European Single Market. The European Central Bank. The financial crisis: the need to strengthen EU economic governance.
5.c)-. The area of justice, freedom and security. Citizenship and human rights in Europe.
The European Union today transcends economic integration and moves into political areas, clearly perceived by its citizens. Being a European citizen today means being the holder of a set of rights and also being protected by the EU Charter of Fundamental Rights. Are we aware of our rights?
The EU is an area of freedom, without internal borders. This requires a common policy on international migration, refugees and asylum, as well as external border control. The recent migration crises highlight the sensitivity of these issues.
5.d)-. The international and geostrategic dimension of the EU
The European Union is an international economic power and a strong driver of international trade. It is a major player in international economic relations.
At the same time it is a player in the field of foreign and security policy, with changing challenges on the international scene, to which Europe must be able to respond from a position of its own.
The current situation, with the war in Ukraine and a new role for the People's Republic of China, confronts the EU with major, somewhat unexpected challenges. Strategic autonomy, response to the global health crisis, energy, inflation: how is the EU reacting?
5.e-. Today's challenges and priorities.
The current decade is marked by progress in sustainability and digitalization, with very recent phenomena such as artificial intelligence.
In addition, new and evolving challenges are emerging: energy, inflation, the strategic autonomy of our industry, and growing social tensions.
At the beginning of the academic year, students will be given an indicative calendar with the planned dates for the different topics to be presented.
Evaluation systems and criteria
In person
70% of the grade is based on the final exam. In order to pass the course, it is necessary to obtain at least 5 out of 10 points. Passing the final exam does not guarantee passing the course, since the continuous assessment (30%) has to be taken into account, as well. Continuous assessment is based on the midterm exam, attendance and participation in classes.
Bibliography and resources
There is no manual covering the content of the course. A very brief bibliography of publications in English is therefore provided:
- KLAUS-DIETER BORCHARDT, The ABC of the European Union Law, Publications office of the European Union, Luxemburg, 2011.
- PUBLICATIONS OFFICE OF THE EUROPEAN UNION, The ABC of EU LAW,. Luxemburg 2017.
- CRAIG, P, DE BURCA, G. , EU Law. Text, Cases, Materials (7aed. OUP) 2020.
- JOHN GILLINHAM, European Integration 1950 2003. Superstate or new market economy?. Cambridge University Press, 2003 (2010)
During the course, documents and bibliographic references of special interest will be recommended and uploaded to the virtual campus. In addition, the lectures will be supported by thematic power points, which will also be distributed.
The official website of the European Union is also recommended as a source of information: https://europa.eu
Apart from the bibliography, the professor will upload documents for every bloc of the syllabus, before the academic session. In most of the cases, the previous reading of those documents will be necessary to attend the course.