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Syllabus 2021-22 - 11412006 - Public International Law and European Union Law (Derecho internacional público y de la Unión Europea)

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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: Grado en Gestión y administración pública
FACULTY: FACULTY OF LAW AND SOCIAL SCIENCES
ACADEMIC YEAR: 2021-22
COURSE: Public International Law and European Union Law
SYLLABUS
1. COURSE BASIC INFORMATION
NAME: Public International Law and European Union Law
CODE: 11412006 ACADEMIC YEAR: 2021-22
LANGUAGE: English LEVEL: 2
ECTS CREDITS: 6.0 YEAR: 3 SEMESTER: PC
2. LECTURER BASIC INFORMATION
NAME: CRUZ ÁNGELES, JONATAN
DEPARTMENT: U140 - DERECHO PÚBLICO Y COMÚN EUROPEO
FIELD OF STUDY: 160 - DCHO. INTERNACIONAL PÚBLICO Y REL. INTERNACIONALES
OFFICE NO.: D3 - 225 E-MAIL: jangeles@ujaen.es P: 953212060
WEBSITE: https://www.ujaen.es/departamentos/derecl/contactos/cruz-angeles-jonatan
ORCID: -
LANGUAGE: - LEVEL: 2
3. CONTENT DESCRIPTION

PART I. PUBLIC INTERNATIONAL LAW

Introduction

LESSON 1. THE INTERNATIONAL SYSTEM. 1. Structure of the international system: its material dimension; 2. Structure of the international system: its normative dimension; 3. Functions of the international order.

LESSON 2. THE CONCEPT OF PUBLIC INTERNATIONAL LAW. 1. Concept and basis of public international law; 2. Characters and content of public international law; 3. The structural principles of public international law.

LESSON 3. THE STUDY OF PUBLIC INTERNATIONAL LAW. 1. Introduction: the science of public international law; 2. The acquisition of knowledge in public international law; 3. International practice and its means of proof; 4. Access to materials of international practice; 5. Codification of international law;

THE SYSTEM OF SOURCES IN PUBLIC INTERNATIONAL LAW

LESSON 4. THE INTERNATIONAL LEGAL ORDER. 1. Article 38 of the Statute of the International Court of Justice; 2. The general principles of law; 3. Auxiliary means: case law and scientific doctrine.

LESSON 5. CUSTOMARY RULES AND UNILATERAL ACTS. 1. Customary rules: concept and constituent elements; 2. Customary classes and their opposability; 3. The normative interaction between custom and treaty and between custom and General Assembly resolutions; 4. Unilateral acts

LESSON 6. CONVENTIONAL STANDARDS (I). 1. Concept and classes of international treaties; 2. The procedure for concluding international treaties; 3. Reservations to international treaties.

LESSON 7. CONVENTIONAL STANDARDS (II). 1. The interpretation of international treaties; 2. Successive treaties relating to the same subject matter; 3. The amendment and modification of international treaties; 4. The nullity, withdrawal, suspension and termination of international treaties.

THE SUBJECTS AND ACTORS OF PUBLIC INTERNATIONAL LAW

LESSON 8. THE STATE. 1. The International Statute of the State; 2. The recognition of States and Governments; 3. The succession of States; 4. State immunities.

LESSON 9. THE ORGANS OF INTERNATIONAL RELATIONS. 1. The central organs of the state; 2. The external organs of the State; 3. Diplomatic privileges and immunities; 4. Consular relations.

LESSON 10. INTERNATIONAL ORGANIZATIONS. 1. General considerations; 2. Concept, characters and classes; 3. Organizational structure and will formation in international organizations; 4. International legal personality of international organizations; 5. Means of action.

LESSON 11. OTHER MANIFESTATIONS OF INTERNATIONAL SUBJECTIVITY. 1. General considerations; 2. The peoples; 3. Belligerent groups and national liberation movements; 4. The individual; 5. Other assumptions.

PART II. THE EUROPEAN UNION

Introduction

LESSON 12. THE HISTORICAL PROCESS OF EUROPEAN INTEGRATION. 1. The European idea in history; 2. The establishment of the European Coal and Steel Community; 3. The failure of the European Defence Community and the European Political Community; 4. The establishment of the European Economic Community and Euratom; 5. European integration from 1958 to 1985; 6. From the Single European Act to the Maastricht Treaty; 7. From Maastricht to the great enlargement; 8. The Treaty of Lisbon, the economic and financial crisis and the new reforms.

LESSON 13. THE EUROPEAN UNION. 1. Background; 2. Meaning and nature of the Union; 3. The dual legitimacy of the Union; 4. The international personality of the Union; 5. The values of the Union; 6. Objectives; 7. The fundamental principles of the Union; 8. The enhanced cooperation; 9. Accession and withdrawal.

THE SYSTEM OF COMPETENCES

LESSON 14. THE COMPETENCES OF THE EUROPEAN UNION. 1. Basis of the Union's competences: the principle of conferral; 3. Characteristics and Status of the competences of the European Union; 3. General residual clause in favor of state competence; 4. The delimitation of competences; 5. Exclusive competences; 6. Shared competences; 7. Supporting, coordinating and complementary competences. Other competences; 8. The expansive vision of the competences of the European Union (Article 352 TFEU); 9. The exercise of powers: guiding principles.

INSTITUTIONS OF THE EUROPEAN UNION

LESSON 15. THE INSTITUTIONAL SYSTEM. 1. The unification of the institutions: evolution; 2. Composition; 3. Characteristics of the institutional system; 4. The principle of institutional balance; 5. The resources.

LESSON 16. THE INSTITUTIONAL SYSTEM (II). 1. The European Council; 2. The Council; 3. The European Parliament; 4. Ordinary and special legislative procedure; 5. The Court of Justice of the European Union; 6. The Court of Auditors; 7. The European Central Bank; 8. Advisory bodies and agencies.

LESSON 17. THE SYSTEM OF RULES AND ACTS IN THE EUROPEAN UNION. 1. Introduction; 2. General characteristics of rules and acts in the European Union; 3. The primary legislation; 4. Unwritten rules: principles, 5. European Union secondary legislation; 6. International normative instrumentation.

THE JURISDICTIONAL SYSTEM

LESSON 18. THE JUDICIAL SYSTEM OF THE EUROPEAN UNION. 1. The powers of the Court of Justice of the European Union; 2. Actions to the CJEU; 5. Preliminary rulings.

4. COURSE DESCRIPTION AND TEACHING METHODOLOGY

This course requires:

1) THEORY (4,5 ECTS credits): 45 hours of theoretical classes, supported by 75 hours of autonomous work.

2) PRACTICE (1,5 ECTS credits): 15 hours of practical classes (case studies, debates and seminars), complemented by 15 hours of autonomous work. 

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

DETAILED INFORMATION:

  1. THEORY (80%): The final theoretical exam may be written and/or oral, at the lecturer´s discretion. The exam will allow to evaluate the acquisition of knowledge of the theoretical contents of the subject by the students.
  2. PRACTICE (20%): Several case studies will be developed throughout the semester and a similar exercise will be included in the final exam. The case studies will consist of the analysis and comment of legal texts. The exercises included in the final exam, will allow to evaluate the practical application of the theoretical contents by the students.

6. BOOKLIST
MAIN BOOKLIST:
  • International law by Rebecca M. M. Wallace and Olga Martín-Ortega ; with Fraser Janeczo and Karen Wylie. Edition: 8th ed. Author: Wallace, Rebecca M. M.. Publisher: Sweet & Maxwell :.
    • Notes: See Last edition
     (Library)
  • Text, cases, and materials on European Union law John Tillotson and Nigel Foster.. Edition: 4th ed.. Author: Tillotson, John., author.. Publisher: Cavendish Pub..
    • Notes: See Last edition
     (Library)
7. VIRTUAL / CLASSROOM TEACHING SCENARIO

Methodology: 

No changes from the original syllabus.           

Theoretical and practical classes :

a) If the capacity of the classroom is sufficient for all the students in the group, there will be 100% attendance.

b) If the classroom capacity is not enough, the attendance will be partial and rotating, estimated between 25% to 50%, depending on the capacity of the classrooms in the established security conditions. In the non-contact weeks the teaching will be online.

c) Before the beginning of the academic year, the level of attendance and the establishment of rotating shifts will be communicated to the students.

Tutorials : at the request of the students by email, subject forum with classification of topics and exercises for specific questions, and by videoconference, by appointment.

Evaluation system:

In relation to not being able to establish a presence of 100% given the rules of hygienic-sanitary conditions on the day and time in which the exam is dated in the different calls of the academic year, we would apply the evaluation rules of the original guide.   
In this case, replacing the final face-to-face exam with an online exam. 

In this situation, the change in the evaluation system with respect to the original teaching guide will apply to both the ordinary and the extraordinary call.

Resources and Infrastructures:

Telematic resources will be needed to follow teaching activities and conduct online assessments:

The videoconference sessions will be carried out through Google Hangouts meet-uja

In the communications via email, the ICT accounts of the University of Jaén will be used.

8. VIRTUAL TEACHING SCENARIO

Methodology :

Theoretical and practical classes: by videoconference (Google Hangouts meet-uja), respecting the schedule.

Additional documentation of the subject available in virtual teaching: powerpoint documents; videos, containing the explanations corresponding to the theoretical contents; pdf files with topic summaries; exercises proposed and exercises with solutions developed.

Tutorials: at the request of the students by email, subject forum with classification of topics and exercises for specific questions, and by videoconference, by appointment.

Deliveries of exercises and other evaluation activities, in virtual teaching.

Evaluation system:

In relation to not being able to establish a presence of 100% given the rules of hygienic-sanitary conditions on the day and time in which the exam is dated in the different calls of the academic year, we would apply the evaluation rules of the original syllabus.   
In this case, replacing the final face-to-face exam with an online exam. 

Resources and Infrastructure:

Telematic resources will be needed to follow teaching activities and conduct online assessments.

The videoconference sessions will be carried out through Google Hangouts meet-uja.

In the communications via email, the ICT accounts of the University of Jaén will be used.

DATA PROTECTION CLAUSE (on line exams)

Institution in charge of data processing: Universidad de Jaén, Campus Las Lagunillas, s/n, 23071 Jaén

Data Protection Delegate: dpo@ujaen.es

Purpose: In accordance with the Universities Law and other national and regional regulations in force, carrying out exams and assessment tests corresponding to the courses students are registered in. In order to avoid frauds while sitting the exam, the exam will be answered using a videoconference system, being able the academic staff of the University of Jaén to compare and contrast the image of the person who is answering the exam with the student's photographic files. Likewise, in order to provide the exam with evidential content for revisions or claims, in accordance with current regulation frameworks, the exam will be recorded and stored.

Legitimacy: compliance with legal obligations (Universities Law) and other national and regional regulations currently in force.

Addressees: service providers who are the owners of the platforms where the exams are carried out and with whom the University of Jaén has signed the corresponding data access contracts.

Storage periods: those established in current in force regulations. In the specific case of exam videoconference recordings, not before the examination records and transcripts are closed or the exam can still be reviewed or challenged.

Rights: you can exercise your right of access, amendment, cancellation, opposition, suppression, limitation and portability by sending a letter to the postal or electronic address indicated above. In the event that you consider that your rights have been violated, you may submit a complaint to the Andalusian Council for Transparency and Data Protection www.ctpdandalucia.es

CLASS RECORDING CLAUSE PERSONAL DATA PROTECTION

Person in charge: Universidad de Jaén, Paraje Las Lagunillas, s/n; Tel.953 212121; www.ujaen.es

Data protection delegate (DPO): TELEFÓNICA, S.A.U. ; Email: dpo@ujaen.es

Procedure aim: To manage proper recordings of teaching sessions with the aim of facilitating learning process under a multimodal and/or online teaching

Period for record storage: Images will be kept during legal term according to regulations in force

Legitimacy: Data will be managed according to legal regulations (Organic Law 6/2001, December 21, on Universities) and given consent provided by selecting corresponding box in legal admission documents

Data recipients (transfers or assignments): Any person allowed to get access to every teaching modality

Rights: You may exercise your rights of access, rectification, cancellation, portability, limitation of processing, deletion or, where appropriate, opposition. To exercise these rights, you must submit a written request to the Information, Registration and Electronic Administration Service of the University of Jaen at the address above, or by e-mail to the address above. You must specify which of these rights you are requesting to be satisfied and, at the same time, you must attach a photocopy of your ID card or equivalent identification document. In case you act through a representative, legal or voluntary, you must also provide a document that proves this representation and identification. Likewise, if you consider that your right to personal data protection has been violated, you may file a complaint with the Andalusian Data Protection and Transparency Council www.ctpdandalucia.es