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Syllabus 2022-23 - 11211007 - Constitutional System and Fundamental Rights (Ordenamiento constitucional y derechos fundamentales)

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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 Derecho
FACULTY: FACULTY OF LAW AND SOCIAL SCIENCES
ACADEMIC YEAR: 2022-23
COURSE: Constitutional System and Fundamental Rights
SYLLABUS
1. COURSE BASIC INFORMATION
NAME: Constitutional System and Fundamental Rights
CODE: 11211007 ACADEMIC YEAR: 2022-23
LANGUAGE: English / French LEVEL: 2 / 2
ECTS CREDITS: 7.5 YEAR: 1 SEMESTER: PC
2. LECTURER BASIC INFORMATION
NAME: LOZANO MIRALLES, JORGE
DEPARTMENT: U139 - DERECHO PÚBLICO
FIELD OF STUDY: 135 - DERECHO CONSTITUCIONAL
OFFICE NO.: D3 - 245 E-MAIL: jlozano@ujaen.es P: 953212231
WEBSITE: http://www10.ujaen.es/conocenos/departamentos/derpublico/lozano-miralles-jorge
ORCID: https://orcid.org/0000-0003-0808-6139
LANGUAGE: English LEVEL: 2
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: null
3. CONTENT DESCRIPTION

HISTORICAL CONSTITUTIONAL PREMISES

1 SPAIN IS ESTABLISHED AS A SOCIAL AND DEMOCRATIC STATE SUBJECT TO THE RULEOF LAW (ART. 1.1)

1.1 Spain as a Social and Democratic State under the Rule of Law (Art. 1.1 of the Constitution)

1.2 Spain as a Democratic State

1.3 Spain as a State under the Rule of Law

1.4 Spain as a Social State

2 SOURCES OF LAW. LEGISLATIVE PROCEDURE. INTERNATIONAL TREATIES. RELATIONS WITH THE EUROPEAN UNION

2.1 The Resolution Criteria for Normative Antinomies: Hierarchy, Competence and â€ËÅ“Supplementarity’

2.2 The Constitution

2.3 The Jurisprudence of the Constitutional Court

2.4 The Law

2.5 The Regulations

2.6 International Treaties

2.7 Relations with the European Union 60

3 THE SYSTEM OF FUNDAMENTAL RIGHTS, PUBLIC LIBERTIES AND DUTIES

3.1 Rights as Fundamental Rights

3.2 The Nature of Rights and of Freedoms

3.3 General Characteristics of the Constitutional Recognition of Rights and Freedoms

3.4 Effectiveness and Extent of Fundamental Rights and Freedoms: Direct and Immediate Effectiveness and Mediated Effectiveness

3.5 The Extent of Fundamental Rights and Liberties

3.6 Interpretation of Fundamental Rights and Liberties

3.7 Fundamental Rights and Principle of Equality

4 THE GUIDING PRINCIPLES OF SOCIAL AND ECONOMIC POLICY

4.1 The Welfare State as the Basis of the Guiding Principles of Social and Economic Policy

4.2 Social Rights as Fundamental Rights

4.3 The Content and the Legal Effectiveness of the Rights Included in Chapter III of Part I of the Constitution

5 GUARANTEES OF FUNDAMENTAL RIGHTS AND LIBERTIES

5.1 Common Guarantees of the Fundamental Rights and Their Classification

5.2 Exceptions: Guarantees of Fundamental Rights and Public Liberties of Division 1 of Chapter II

10 CONSTITUTIONAL JURISDICTION

10.1 The Constitutional Court: Nature, Composition, Operation and Status of Judges

10.2 Proceedings Before Constitutional Court

10.3 Reforms of the Constitutional Court and Its Powers

13 REFORM OF THE CONSTITUTION

13.1 Constitutional Reform Initiative and Procedures

13.2 The Ordinary Reform of the Constitution

13.3 Total or Extraordinary Partial Review of the Constitution

13.4 Limits on Constitutional Reform

4. COURSE DESCRIPTION AND TEACHING METHODOLOGY

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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

Presentation and defense through Power point of a subject chosen by the student from the lessons of the program

Write in half an hour about two topics of the program

If the student is able to understand and speak Spanish regular attendance to class and participation/intervention in debates and conferences, seminars or in theoretical and practical classes will be very appreciated

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

6. BOOKLIST
MAIN BOOKLIST:
  • Spanish constitutional system Silvio Gambino ... [et al.]. Edition: -. Author: Gambino, Silvio, coaut.. Publisher: Eleven  (Library)
  • Spanish constitutional system Silvio Gambino ... [et al.]. Edition: -. Author: Gambino, Silvio, coaut.. Publisher: Eleven  (Library)
  • Droit constitutionnel de l'Espagne. Edition: -. Author: Francisco Balaguer Callejón. Publisher: BRUYLANT  (Library)
8. VIRTUAL / CLASSROOM TEACHING SCENARIO

  1. A) Group with number of students over the limited capacity in the classroom.

Training Activities

Type lesson (classroom / online)

Teaching methodology Description

Practical sessions in the Classroom of Computing

Face to face at 50%

The rotation will be applied in small groups of 50%. If the hardware allows, the practical classes will be broadcast to the rest of the group.

Theory sessions on the program contents of the 50% of the group.

Face to face at 50%

The participatory master class sessions, each lasting about 50 minutes maximum, held in the classroom and broadcasting by videoconference to the rest of the group.

Periodic rotation of students.

Tutoring

On-site + Online

Some tutoring sessions will be done in person and others online (synchronous and asynchronous)

 Groups with a number of students below the limited capacity in the classroom.

Among the alternatives offered by the Vice-Rector's Office, the face-to-face option is chosen, both for teaching and for evaluation.

  The option will be sessions taught in the Classroom (Theory) o Informatic Room (Practices). The practical works will be delivered at the indicated times, as well as the evaluation of legal documentation searching. 

Logically, depending on the health circumstances, the corresponding adaptation would be carried out, which will be communicated to the students through email, as well as through the publication on the web of the subject in virtual teaching, going to an online scenario with the appropriate adaptations depending on the moment in which the teaching interruption could happen.

The evaluation system will be the same.

9. VIRTUAL TEACHING SCENARIO

The face-to-face classes will be replaced by classes on the Google Meet platform (or similar) and the practical classes would be done through the UJA virtual platform through the delivery of exercises or through other instruments that will previously be communicated to the students.

In both cases (theoretical as well as practical classes), the teaching systematic and the way of evaluating will be identical to that established in this Teaching Guide.

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