Subject

European Law

  • code 09313
  • course 3
  • term Semester 1
  • type op
  • credits 3

Main language of instruction: English

Other languages of instruction: Catalan,

Teaching staff

Head instructor

Dr. Víctor Manuel SÁNCHEZ - vmsanchez@uic.es

Office hours

A student's application via mail

Introduction

The institutionalization and deepening of the EU justifies the interest in Community law and the need to provide students with a working knowledge of its institutions and the legal system and the basic content areas or regulation.

 

Objectives

The course allows students to understand the phenomenon of European integration, the study of the institutional system, and the legal community, from the perspective of relations with the domestic and guarantee mechanisms for implementation.

Competences / Learning outcomes of the degree programme

  • 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.
  • 33 - To be able to search for, interpret and convey information.
  • 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

1. Will have acquired a solid understanding of the history of European integration and the development of the institutional system

2. Know and understand the rules applicable to Community freedoms and content of policies in this area

3. Will have acquired skills and abilities to apply Community law in terms of the desired practical purpose

4. Will have acquired skills for teamwork

5. Be sensitive to the promotion of respect for other cultures and customs

6. Have acquired sensitivity to issues of fundamental rights

7. It will be able to find information, interpret and use it to solve practical cases or performing work on this subject

8. It will be able to project the knowledge of this matter in the subsumption judgment on case studies

9. Will have acquired skills for independent learning.

Syllabus

I. ORIGIN AND EVOLUTION OF EUROPEAN INTEGRATION. THE EUROPEAN UNION AND ITS MEMBER
Item 1. Origin and development of the European Communities: nature and process of institutionalization
1.1. Objectives and deepening of EU integration.
1.2. The original treaties system: principles and freedoms community, methods to be performed.
1.3. Successive reforms.
1.4. The Single Act.
1.5. Economic integration in the Internal Market in the Economic and Monetary Union.
1.6. The Treaty on European Union: nature, structure, principles and objectives.
1.7. Citizenship of the Union.
1.8. The reform of the EU Treaty: the Treaty of Maastricht to the Treaty of Amsterdam. The Treaty of Nice.
1.9. Advances in Political Union.
1.10. The enlargement of the Union and its members: the accession processes and future enlargements.
1.11. The draft Treaty establishing a Constitution for Europe.

1:12 The Lisbon Treaty.

II. INSTITUTIONAL SYSTEM OF THE EUROPEAN UNION
Item 2. Organic Institutional (I)
2.1. The unique setting and characteristics of the institutional system: the principle of institutional balance.
2.2. Media: headquarters staff, the language regime.
2.3. The Union Council: composition, organization, operation, and competencies.
2.4. Special reference to COREPER.
2.5. It: origin, composition and functions.

Item 3. Institutional and organizational structure (II)
3.1. The European Commission: composition, appointment and organization. Operation and expertise.
3.2. The European Parliament: composition and internal organization. Operation and expertise.

Item 4. Institutional and organizational structure (III)
4.1. The Community judicial system.
4.2. The Court: composition and organization.
4.3. Competencies: contentious and advisory.
4.4. The General Court: composition, functions and powers, relations with the ECJ.

4.5. The Civil Service Tribunal
4.5. The Court of Auditors: general considerations on the EU financial system and skills.

III. Community law
Item 5. Community law (I)
5.1. Introduction, general characteristics of the source systems.
5.2. Consideration of the principle of conferral, subsidiarity and transparency.
5.3. The primary law: founding treaties.
5.4. Characteristics, scope, review.

Item 6. Community law (II)
6.1. Legislation.
6.2. Typical actions required: a) regulation, b) Directive; c) decision.
6.3. The typical non-binding acts: a) recommendations, b) opinions.
6.4. The standard acts.

Item 7. Community law (III)
7.1. The general principles of law.
7.2. Special consideration to the protection of the rights and freedoms of the individual.
7.3. The role of the doctrine of the ECJ in community integration.
7.4. International law and the agreements signed by the Community.
7.5. The complementary right.

IV. IMPLEMENTATION OF EUROPEAN COMMUNITY LAW. RELATIONS BETWEEN Community legal order and domestic legal systems.
Item 8. The principles governing the relationship between Community law and national laws
8.1. The direct effect: rationale, conditions, type with special reference to the directives.
8.2. The primacy: rationale, consequences.
8.3. Special reference to the relationship with the constitutional requirements.
8.4. State liability for damage caused by the breach of Community law.

Item 9. The legislative and administrative implementation of Community law by government bodies: the Spanish case
9.1. The principle of institutional and procedural autonomy.
9.2. Consideration of Articles 93 and 96 of the Spanish Constitution and the development and implementation of Community legislation.
9.3. Participation of the ACs in this process.

Item 10. The Community jurisdiction
10.1. Cooperation between the domestic courts and Community courts in ensuring implementation of system resources: review for Community.
10.2. Special reference to: a) infringement action, b) annulment, c) action for failure, d) action for damages.

Item 11. The internal and Community Court Judge: special reference to Spanish
11.1. The question: standing object effects.
11.2. Examination of some of the resources referred posed by Spanish courts.
11.3. The individual or person with Community law: questions of legitimacy the right to effective judicial protection contribution ECJ doctrine.

Item 12. The creation of an Economic and Monetary Union.
12.1. The concept of free movement community. Principles and methods of implementation of Community freedoms.
12.2. EU policies. Advances.

Item 13. The free movement of goods.
13.1. The concept of merchandise.
13.2 Legal Content: the establishment of the Customs Union, the abolition of quantitative restrictions and measures having equivalent effect, removal of technical barriers.

Item 14. The free movement of persons and services.
14.1. Notion of free movement of persons in the Treaty.
14.2. The free movement of workers.
14.3. Evolution of the concept of free movement of persons and services.

Item 15. The free movement of capital.

15.1. Free movement of capital: legal content.
15.2. Moves towards economic and monetary union.

Item 16. The external relations of the European Union.
16.1. Conclusion of international treaties.
16.2. Relations in trade.
16.3. Foreign relations of development cooperation.
16.4. The common foreign and security policy.

Teaching and learning activities

In person

The learning methodology is aimed at promoting the self-learning capacities of the students themselves, thus becoming active subjects of their training. The teacher will combine the masterly teaching with the autonomous work of the student, inside and outside the class, which must be carried out, as individual training activities:
- Readings of EU doctrine, legislation and case law.
- Prepare and present in public the results of their learning.
- Solve practical cases.
- Respond to Test Exercises of True or False providing the appropriate reasoning to the answer.

Evaluation systems and criteria

In person

70% of the grade corresponds to the exam. To pass the subject it is necessary to reach a 4/10 on the exam and pass the continuous assesment.

30% of the grade corresponds to continuous assessment: attendance, participation, written and oral practices.

EVALUATION SYSTEMECTS CREDITSPERCENTAGE
classroom assistance and participation
final exams
reports & discussions avaluation

Bibliography and resources

Victoria Abellán Honrubia / Vilà Costa Blanca, (eds.), Lessons of European Community Law, 6th ed, Barcelona, 2011.

V, Abellan Honrubia; Blanca Vila; JLPiñol; Practices of European Community Law, Tecnos, 2003

Mattera, A., The European Single Market. His rules. Its operation, Civitas, Madrid, 1991.

Gil Carlos Rodríguez Iglesias / D. Linan Nogueras J, European law Judicial application., Civitas, Madrid, 1993.

Damaso Ruiz-Jarabo Colomer, the national courts as Community Courts, Journal of European Studies, London, 1993.

Mangas Martín, A.; LIÑAN NOGUERAS. D.; Institutions and European Union law, Tecnos, 5th edition, Madrid, 2005.

Evaluation period

E: exam date | R: revision date | 1: first session | 2: second session:

  • E2 19/06/2019 08:00h b501

Teaching and learning material

      Material
            EU Law eulaw.pptx 
            EU Economy eueconomy.pptx 
            EU History and Challenges euhistoryandchallenges_ade.pptx 
            EU Institutions euinstitutions_ade_def.pptx 
            EU Policies eupolicies.pptx 
            European Law Presentation presentacionderechoue_ade.pptx 
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