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Syllabus 2014-15 - 11812039 - Institutions and Territorial Organisation of Spain (Instituciones y organización territorial del estado)

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  • Level 1: Tutorial support sessions, materials and exams in this language
  • Level 2: Tutorial support sessions, materials, exams and seminars in this language
  • Level 3: Tutorial support sessions, materials, exams, seminars and regular lectures in this language
DEGREE: Doble grado en Derecho y Administración y dirección de empresas
FACULTY: FACULTY OF LAW AND SOCIAL SCIENCES
ACADEMIC YEAR: 2014-15
COURSE: Institutions and Territorial Organisation of Spain
SYLLABUS
1. COURSE BASIC INFORMATION
NAME: Institutions and Territorial Organisation of Spain
CODE: 11812039 ACADEMIC YEAR: 2014-15
LANGUAGE: English LEVEL: 1
ECTS CREDITS: 7.5 YEAR: 2 SEMESTER: PC
2. LECTURER BASIC INFORMATION
NAME: RUIZ RUIZ, JUAN JOSÉ
DEPARTMENT: U139 - DERECHO PÚBLICO
FIELD OF STUDY: 135 - DERECHO CONSTITUCIONAL
OFFICE NO.: D3 - 259 E-MAIL: jjruiz@ujaen.es P: 953 212994
WEBSITE: jjruiz@ujaen.es
ORCID: https://orcid.org/0000-0003-3375-6405
LANGUAGE: English LEVEL: 1
3. CONTENT DESCRIPTION

FORM OF GOVERNMENT
CHAPTER 1. A GENERAL VIEW
§ 1. Introduction
§ 2. Political Parties and Interest Groups
§ 3. Miscellaneous: referendums and popular initiatives
CHAPTER 2. THE HEAD OF STATE: THE KING
§ 1. Designation
§ 2. Legal Status
§ 3. Functions
CHAPTER 3. THE SPANISH PARLIAMENT
§ 1. The Composition of Parliament
I. Introduction: Imperfect Bicameralism
II. Congress
III. The Senate
§ 2. The Legal Status of Members of Parliament
I. The Parliamentary Mandate
A. The character of the Parliamentary Mandate
B. The Acquisition and Loss of the Status of Member of
Parliament
C. Ineligibility and Incompatibility
II. Parliamentary Prerogatives
A. Concept
B. Inviolability
C. Immunity
D. Special privileges/ Jurisdiction
E. Rights and duties of Members
F. Collective Prerogatives
§ 3. Functions of the Spanish Parliament
I. The Legislative Function
II. The Budgetary Function
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III. Controlling the Government
IV. Other Parliamentary Functions
§ 4. Operation
I. The Internal Organisation of the Chamber
A. The Organs of Government
B. Plenary Session and Committees
C. The Standing Committees
II. Operational Norms
A. Timetable of Parliamentary activity
B. Norms on Debates and Voting
CHAPTER 4. THE GOVERNMENT OF THE NATION
§ 1. The Constitutional form of the Government
§ 2. The Composition of the Government
I. The Members of the Government
II. The Election of the President
III. The Appointment of the Other Members of the Government
IV. The Resignation of the Government
§ 3. The Legal Status of Members of the Government
§ 4. Functions
I. The Political Direction of the State
II. Executive Function and Regulatory Power
III. Functions of the President
§ 5. Operation
§ 6. Public Administration
CHAPTER 5. JUDICIAL POWER AND THE CONSTITUTIONAL COURT
§ 1. Judicial Power in the Constitution
I. Jurisdictional Power
II. Democratic Legitimacy of Judicial Power: the Principle of
Submission to the Constitution and the Law
III. The Principle of Independence
IV. The Principle of Responsibility
V. The Principle of Jurisdictional Exclusivity
VI. The Principle of Jurisdictional Unity
§ 2. The Spanish Legal Organisation
I. The organizing criteria of the Court scheme
II. The territorial Division of Judicial Power
III. The Judicial Hierarchy
§ 3. The Government of the Judges: The General Council of Judicial Power
I. Justification
II. Composition
III. Functions
§ 4. Popular Participation in the Administration of Justice
§ 5. The Ministry of Public Prosecutions
§ 6. The Constitutional Court
I. Nature and Constitutional Position
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II. Composition and Structure
§ 7. The Competences of the Constitutional Court
I. The Control of the Laws and Norms with the Force of Law
A. General Aspects;
B. Appeal of Unconstitutionality;
C. The Question of Unconstitutionality;
II. The Prior Control of Treaties
III. The Conflicts of Competences and the Government's Challenge of
the Provisions and Rulings of the Autonomous Communities
IV. The Conflicts of Jurisdictions among Constitutional organs
V. The Conflicts in Defence of Local Autonomy
VI. Appeal against violation of human rights
CHAPTER 6. INDEPENDENT ORGANS
§ 1. Consultative Organs: The Council of State
§ 2. Organs of Control
I. The Court of Auditors
II. The Ombudsman
III. Other Organs in Defence of Fundamental Rights
§ 3. Economic Organs
PART THREE
THE STATE AND ITS DIVISIONS
CHAPTER 1. THE FORM OF THE STATE: THE AUTONOMOUS STATE
CHAPTER 2. THE AUTONOMOUS COMMUNITIES
§ 1. The Formation of the Autonomous Communities
§ 2. Distribution of Competences between the State and the Autonomous
Communities
I. General view
II. Exclusive Competences over a Matter
III. Competences of the State over Legislation and of the
Autonomous Communities over implementation
IV. Competences of the State over basic legislation and of the
Autonomous Communities over Complementary Legislation
and Implementation
V. The Competences of the Autonomous Communities according
to matters treated
A. Introduction
B. Self-government
C. Public Security and Justice
D. The Economy
E. Transport and Public Works
F. Labour
G. Health, Social Security and Social Services
H. Education, Research, Culture and Sport
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I. Territorial Policy and the Environment
§ 3.Co-operation between the State and the Autonomous Communities and
the Prevention and Resolution of Conflicts
I. The Collaboration Principle
II. Techniques of Functional Collaboration. Conventions and
Co-operation Agreements
III. Techniques of Organic Collaboration
IV. Extraordinary Instruments of Sate for the Resolution of
Conflicts
A. Laws of Harmonisation
B. State Coercion
V. The ordinary Resolution of Conflicts
§ 4. The Financing of Autonomous Communities
I. Introduction
II. The Financial Resources of the Autonomous Communities in
common regime
§ 5. Internal Structure of the Autonomous Communities
I. General View
III. Parliament
A. Composition and Electoral System
B. Internal Organisation and Functioning
C. The Functions of Parliament
IV. The Executive
A. Functions of the President
B. The Governing Council
C. Political Control of the executive
D. IV. Other Autonomous Institutions
CHAPTER 3. LOCAL AUTHORITIES
§ 1. General view .
I. A Brief History .
II. Constitutional Principles of Local Government.
§ 2. The Municipalities.
I. Introduction
II. Local Institutions
III. Municipal Competences
§ 3. The Provinces.
I. Introduction
II. The Provincial Institutions
III. Provincial Competences
§ 4. Other Local Government Bodies.

4. COURSE DESCRIPTION AND TEACHING METHODOLOGY

The main material for the exam is the recommended text book. Students may prepare an essay from other materials on a topic proposed by the teacher.

Students with special educational needs should contact the Student Attention Service (Servicio de Atención y Ayudas al Estudiante) in order to receive the appropriate academic support

5. ASSESSMENT METHODOLOGY

Assessment of subject content is undertaken by examination, set and marked by the teacher. Essay exam is the main way to assess knowledge and understanding of PATIE students. It will appropriately reflect course objectives and content.Assessment of subject content is undertaken by examination, set and marked by the teacher. Essay exam is the main way to assess knowledge and understanding of PATIE students. It will appropriately reflect course objectives and content. 

Essay exams typically consist of a small number of questions to which the student is expected to demonstrate his/her ability to recall knowledge, organize this knowledge and present the knowledge in a logical, integrated answer.

Students will receive due notice regarding component formats and weighting. 


Students must understand and comply with all the rules on cheating, plagiarism, etc. in the University of Jaén.

All students may use a simple language translation dictionary from their own language to English and vice versa during an examination

6. BOOKLIST
MAIN BOOKLIST:
  • Constitutional Law of Spain (Supplement 68 of Constitutional Law in the International Encyclopaedia of Laws series), La Haya, 2006 (254 pp).. Edition: -. Author: Ruiz Robledo, Agustín. Publisher: Kluwer Law International  (Library)