Academic Year/course:
2023/24
432 - Joint Law - Business Administration and Management Programme
30512 - European Union Institutions
Syllabus Information
Academic year:
2023/24
Subject:
30512 - European Union Institutions
Faculty / School:
102 - Facultad de Derecho
Degree:
432 - Joint Law - Business Administration and Management Programme
ECTS:
6.0
Year:
3
Semester:
First semester
Subject type:
Basic Education
Module:
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1. General information
Through the introduction of this subject, students are expected to understand the fundamental elements of the European Union (EU) legal system, which involves both supranational normative aspects that govern the internal functioning of the Organization, as well as other aspects of the phenomenon of European integration, such as the protection of human rights or European citizenship
These approaches and goals are aligned with the Sustainable Development Goals (SDGs), especially goals 5, 10, 16 and 17 of the United Nations 2030 Agenda (https://www.un.org/sustainabledevelopment/es/), in such a way that the acquisition of the learning results of the subject provides training and competence to contribute to their achievement
2. Learning results
1: Know the historical evolution of the European integration process.
2: Master the structure of the European Union and the problems of the creation, interpretation and application of its rules.
3: Know the distribution of competences in the European Union.
4: Identify and understand the principles of the relationship between European Union law and the law of the Member States, especially Spanish law.
5: Know the functioning of the jurisdictional control of the European Union and the system of guarantee of fundamental rights.
3. Syllabus
1. Historical evolution of the European integration process.
2. Institutional Structure of the European Union. 2.1- European Council. 2.2- Council of the European Union. 2.3- European Commission . 2.4- European Parliament. 2.5- Court of Justice of the European Union. 2.6. Court of Auditors. 2.7- Central Bank European. 2.8- Consultative bodies: Committee of the Regions and the European Economic and Social Committee. 2.9. Other organs.
3. Sources of European Union Law. 3.1- Original law. 3.2- Derivative law. 3.3- Complementary law.
4. Relations between European Union Law and national laws. 4.1- Primacy of European Union Law . 4.2- Direct effect of European Union law. 4.3- Liability of Member States for non-compliance with European Union law.
5. Jurisdictional control of European Union Law. 5.1- Proceedings against Member States for failure to comply with European Union law. 5.2- Appeals for annulment and omission. 5.3- Preliminary question. 5.4- Other remedies: indemnity actionfor tort liability, appeal in cassation, exception of illegality.
6. Protection of fundamental rights in the European Union. 6.1- The protection of fundamental rights by the Court of Justice. 6.2- The Charter of Fundamental Rights of the European Union and the accession of the Union to the European Convention on Human Rights . 6.3- The protection of human rights in the external action of the European Union. 6.4.
Citizenship of the European Union.
7. The intergovernmental pillars of the European Union. 7.1- The Area of Freedom, Security and Justice. 7.2- The Common Foreign and Security Policy.
4. Academic activities
1. Theoretical classestheoretical classes: are based on the explanations of the teacher who may present an outline with the main ideas of each block of contents. This presentation can be included in the digital teaching ring before the explanations, so that the student has this outline before the class and during the class can complete it with the explanations givenin it.
2. Practical classesthe structure will be determined by each teacher with the students, who will have the practical case to be dealt with in each class previously, so that they must prepare it using legal texts and other types of documents that the teacher will indicate in each specific case. Once in class, students will follow the teacher's instructions, which may consist of to meet in small groups to contrast the answers given to each question and appoint a spokesperson to represent the group (although the interventions can be made freely by all attendees), individual work of students or make a general discussion of the whole group, contrasting the answers and comments with the help of the teacher . The cases will try to correspond to real events so that students can contrast their theoretical knowledgewith the reality of the European Union.
3. Reflection workthe students will have to carry out reflection works that may consist, among others, in the analysis critical of judgments of the Court of Justice of the EU, resolutions of the other institutions of the Union and others, attendance to congresses and conferences, participation in academic activities, analysis of legal texts or other reflection works.
5. Assessment system
1. GLOBAL TEST OPTION
For those students who cannot or do not wish to opt for the system of assessment with grade advancement, the assessment will consist of two tests, one of a theoretical nature (which will include multiple-choice and essay questions) and another of a practical nature , which will consist of the resolution of a case of European Union Law. The goal test represents 70% of the final grade and its content is as indicated in point 2.1, while the case study represents the remaining 30%.
The two parts of the course, theory and practice, must be passed separately, therefore, if one part is passed and the other is not, the part passed will be kept exclusively for the second call of the same term.
2. ASSESSMENT OPTION WITH GRADE ADVANCEMENT
The assessment with advancement of grade involves the completion of an objective test that accounts for 70% of the final grade, while the remaining 30% is achieved through the completion of various activities such as case studies, oral presentations, presentation of research papers, reviews, etc. that the teacher will propose to the students throughout the term.
2.1 Objective test (70%)
It is a test that will be composed of two parts: one of a theoretical nature (which will include multiple-choice and essay questions) and another of a practical nature that will consist of the resolution of a case of European Union Law. The theoretical test represents 70% of the objective test grade, while the case study represents 30% of the objective test, both representing 70% of the final grade. The two parts must be passed separately in order to pass the objective test.
2.2 Advance of grade (30%)
Different activities will be carried out throughout the term, including:
2.2.1 Case studies: For the preparation of the case study, the teacher will propose to the students situations of the practice of the Union, which will be presented with time to the student for their study and analysis, either in group or individually, and will be finally discussed in class. The active, reasoned and continued participation of the students in these classes will be mandatory and will be evaluated by the teacher, who may also request the delivery in writing to the students of certain practical throughout the term. The value of this section is 20% of the final grade.
2.2.2 Reflective work: In addition, the student will have to carry out reflection work that may consist, among others, in critical analysis of judgments of the Court of Justice of the EU, resolutions of other EU institutions and others, attendance to congresses and conferences, participation in academic activities, analysis of legal texts or other reflection work. The value of this section will be 10% of the final grade.
It will be necessary to pass both parts of the assessment, either overall or with a grade advance, separately to pass the subject.