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Syllabus 2023-24 - 73512002 - Constitutional Law (Derecho constitucional)

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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: Máster en Abogacia
FACULTY: Centro de Estudios de Postgrado
ACADEMIC YEAR: 2023-24
COURSE: Constitutional Law
SYLLABUS
1. COURSE BASIC INFORMATION
NAME: Constitutional Law
CODE: 73512002 ACADEMIC YEAR: 2023-24
LANGUAGE: English LEVEL: 2
ECTS CREDITS: 4.5 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: - LEVEL: 2
3. CONTENT DESCRIPTION

Fundamental rights guarantee systems.

Organization and operation of the Constitutional Court.

Specific problems and resolution of practical cases.

1.- The jurisdictional protection of fundamental rights in Spain. Mechanisms of reaction to the violation of a Fundamental Right: national and European. The organization of the Constitutional Court and the European Court of Human Rights.

2.- The right to effective judicial protection and the interpretation of constitutional procedural rights carried out by the ordinary, constitutional and European jurisdictions (ECHR).

3.- The fundamental right to data protection: legal regime, jurisprudential interpretation, main resolutions of the Spanish Agency for Data Protection and the European Committee for Data Protection.

4.- The allegation in the course of the process for violation of constitutional precepts related to fundamental rights for the purposes of the amparo appeal: examination of a practical case.

5.- Practical-constitutional aspects of the formation of the Jury Court.

In this subject, different problems of a constitutional nature related to the judicial protection of constitutional rights will be analyzed, with special emphasis on effective judicial protection (art. 24 EC), international protection by the ECtHR and ordinary judicial processes prior to the filing of the appeal.

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

1.- Regular class attendance (list of signatures). (10%)
2.- Oral exam  (60%)
3.- Resolution of a practical case Judicial guardianship or data protection, Jury, and Amparo appeal.
The search for legal, legislative and jurisprudential information will be taken into account in the resolution of practical cases (or even in oral exam). (30%)

6. BOOKLIST
MAIN BOOKLIST:
  • Spanish constitutional system . Edition: -. Author: Gambino, Silvio, coaut.. Publisher: Eleven  (Library)
  • Rights and freedoms in the Spanish Constitution [Recurso electrónico] . Edition: -. Author: Aguilera Vaqués, Mar.. Publisher: Tirant lo Blanch,  (Library)
7. VIRTUAL / CLASSROOM TEACHING SCENARIO

Among the alternatives offered by the Office of the Vice President, the face-to-face option is chosen, both for teaching as for evaluation.

The option will therefore be that of 9 sessions between September and October of 5 hours of duration taught in the Classroom.

Regarding the multiple choice exam, a date will be set by mutual agreement with the students (one week after at the end of classes); The practical works will be delivered in the times indicated by the respective teachers.

Logically, depending on the health circumstances, the corresponding adaptation would be made, which will be communicated to students via email, as well as by publication on the website of the subject on the PLATEA Platform, moving to an online scenario with the appropriate adaptations depending on the moment in which the interruption of the teaching could take place.

8. VIRTUAL TEACHING SCENARIO

The face-to-face classes will be replaced by classes on the Google Meet platform (or similar) and the practical classes will be done through the UJA teaching platform through the delivery of exercises or through other instruments that will be previously communicated to the students.
In both cases (theoretical and practical classes) both the system of the same 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