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Syllabus 2022-23 - 11212018 - European Union Law and Institutions (Instituciones y derecho 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 Derecho
FACULTY: FACULTY OF LAW AND SOCIAL SCIENCES
ACADEMIC YEAR: 2022-23
COURSE: European Union Law and Institutions
SYLLABUS
1. COURSE BASIC INFORMATION
NAME: European Union Law and Institutions
CODE: 11212018 ACADEMIC YEAR: 2022-23
LANGUAGE: English LEVEL: 1
ECTS CREDITS: 6.0 YEAR: - SEMESTER: PC
2. LECTURER BASIC INFORMATION
NAME: GUTIÉRREZ CASTILLO, VÍCTOR LUIS
DEPARTMENT: U140 - DERECHO PÚBLICO Y COMÚN EUROPEO
FIELD OF STUDY: 160 - DCHO. INTERNACIONAL PÚBLICO Y REL. INTERNACIONALES
OFFICE NO.: D3 - 226 E-MAIL: vlguti@ujaen.es P: 953212613
WEBSITE: www.ujaen.es
ORCID: https://orcid.org/0000-0002-9329-2836
LANGUAGE: - LEVEL: 1
NAME: CALLER TRAMULLAS, LORENA
DEPARTMENT: U140 - DERECHO PÚBLICO Y COMÚN EUROPEO
FIELD OF STUDY: 160 - DCHO. INTERNACIONAL PÚBLICO Y REL. INTERNACIONALES
OFFICE NO.: D3 - 222 E-MAIL: lcaller@ujaen.es P: 953213098
WEBSITE: www.ujaen.es
ORCID: -
LANGUAGE: - LEVEL: 1
3. CONTENT DESCRIPTION

LESSON 1. THE HISTORICAL PROCESS OF EUROPEAN INTEGRATION. 1. The European idea in History; 2. The creation of the European Coal and Steel Community: the Schuman Declaration; 3. The failure of the European Defense Community and the European Political Community; 4. The creation of the European Economic Community and the European Atomic Energy Community; 5. European integration from 1958 to 1985: successive enlargements and internal crises; 6. From the Single European Act to the Maastricht Treaty; 7. From Maastricht to the Great Enlargement; 8. The Lisbon Treaty, the economic-financial crisis and the new reforms. 

LESSON 2. THE EUROPEAN UNION. 1. Background; 2. Meaning and nature of the European Union; 3. The double legitimacy of the EU; 4. The legal capacity of the EU; 5. The values of the Union; 6. Objecitives; 7. The fundamental principles of the Union; 8. The European Union à la carte: enchanced cooperation; 9. Accession and withdrawal from the European Union. 

LESSON 3. THE SYSTEM OF COMPETENCES IN THE EUROPEAN UNION. 1. Foundation of the Union´s competences: the principle of conferral; 2. Characteristics and status of the competences in the EU; 3. General residual clause in favour of State competence; 4. The delimitation of competences; 5. Exclusive competences; 6. Shared competences; 7. Supporting, coordinating and complementing competences. Other competences; 8. The expansive view of the competences of the European Union (art. 352 TFEU): evolving or implicit competences; 9. The exercise of competences: guiding principles. 

LESSONS 4 & 5. THE INSTITUTIONAL SYSTEM. 1. The principle of institutional balance; 2. The European Commission; 3. The Council of the European Union; 4. The High Representative of the Union for Foreign Affairs and Security Police; 5. The European Council and its stable Presidency; 6. The European Parliament; 7. The Court of Justice of the European Union; 8. The Court of Auditors; 9. The European Central Bank; 10. The Committee of the Regions; 11. The Economic and Social Committee.

LESSON 6. DECISION-MAKING PROCEDURES. 1. Introduction; 2. The ordinary legislative procedure; 3. Special legislative procedures. 

LESSON 7. SOURCES OF THE EUROPEAN UNION LEGAL SYSTEM. THE PRIMARY LEGISLATION. 1. Approach to the system of sources of EU Law; 2. Primary legislation: concept and legal nature; 3. Scope; 4. Review procedure; 5. The general principles of EU Law.

LESSON 8. SOURCES OF THE EUROPEAN UNION LEGAL SYSTEM. THE SECONDARY LEGISLATION. 1. Secondary legislation: concept and legal nature; 2. Classification of secondary legislation acts. Typical binding acts, typical non-binding acts, atypical acts; 3. The hierarchy of secondary legislation acts; 4. The conventional activity of the Union; 5. The general principles of EU Law.

LESSON 9. RELATIONSHIP BETWEEN THE EU LAW AND THE LEGAL ORDERS OF THE MEMBER STATES. 1. The starting point: the autonomy of EU Law; 2. The immediate applicability of EU Law in the legal system of the Member States; 3. The principle of direct effect; 4. The principle of State liability for breach of Community law; 5. The principle of primacy; 6. The judicial protection of the rights derived from the EU legal system; 7. EU Law and Spanish Law. 

LESSON 10. THE JURISDICTIONAL SYSTEM OF THE EUROPEAN UNION: ACTIONS BEFORE THE COURT OF JUSTICE. 1. The judicial model of the European Union; 2. Infringement proceedings; 3. The action for annulment; 4. The action for failure to act; 5. The plea of illegality; 6. Preliminary ruling; 7. Non-contractual liability; 8. Advisory opinions in relation to international agreements; 9. Other actions. 

LESSONS 11 AND 12. INTERNAL POLICIES AND EU EXTERNAL ACTION. 1. The european identity; 2. The objective of European citizenship and its legal status; 3. The protection of Human Rights in the EU. The Charter of Fundamental Rights. The accession of the EU to the ECHR; 4. Internal market: goods, workers, establishment and provision of services and free movement of capital and payments; 5. Area of Freedom, Security and Justice (AFSJ); 6. The EU external action: legal capacity, Common Foreign and Security Policy (CFSP) and its development since the entry into force of the Lisbon Treaty. 

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:
  • EU Law. Edition: 4th edition. Author: Nigel Foster. Publisher: OXFORD.
    • Notes: See last edition
     (Library)
ADDITIONAL BOOKLIST:
  • EU Law. Questions & Answers. Edition: 10ª. Author: Nigel Foster. Publisher: OXFORD.
    • Notes: See last edition
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