Checking date: 29/04/2019


Course: 2019/2020

The legal order of the EU
(12231)
Study: Master in European Union law (302)
EPD


Coordinating teacher: VACAS FERNANDEZ, FELIX

Department assigned to the subject: Department of International Law, Ecclesiastical Law and Philosophy of Law

Type: Compulsory
ECTS Credits: 4.0 ECTS

Course:
Semester:




Students are expected to have completed
Basic notions on the institutional system of the European Union
Competences and skills that will be acquired and learning results.
Students will get a general overview of the legal order of the European Union and its different types of formal sources. They will also learn about the principles that govern the relationship between National and EU legal orders. Students will acquire the necessary skills to apply those principles when facing a concrete case in which EU Law is relevant
Description of contents: programme
INTRODUCTION THE FORMAL SOURCES OF EU LAW I Primary Law II Secondary Law III General Principles of EU Law IV Case law of the CJEU V Hierarchy of the sources of EU law PRINCIPLES GOVERNING THE LIMITS AND USE OF EU COMPETENCES. I. Principle of conferral. II. Principle of subsidiarity III. Principle of proportionality. PRINCIPLES GOVERNING THE RELATION BETWEEN EU AND NATIONAL LAW I. Principle of Primacy (or Supremacy) and full effectiveness of EU Law. II. Direct effect. III. Liability of Member Status for damages arising out of breach of EU law. PRACTICAL CASE
Learning activities and methodology
LEARNING ACTIVITIES. Lectures focusing on the guidelines according to the Program. Preparing the classes requires an advance knowledge of the relevant bibliography, regulations and jurisprudence in each session. It is up to the teacher to deliver and update them. One month before the beginning of the sessions, students will have such materials at their disposal, as well as the possibility of receiving online information from the teacher-tutor responsible for all relevant information in the subject that take place from the date of receipt thereof. The classes will correspond to the model seminar-workshop, in which the transmission, classification and deepening of the basic knowledge of the subjects will be the result of an active debate between the teacher and students. An important part of the face-to-face sessions is the individual or collective discussion of the works carried out by the students, and in the preparation of legal documents and procedural documents. TEACHING METHODOLOGY Public lecture with support of computer and audiovisual media, in which the main concepts of the subject are developed and the bibliography is provided to complement the students' learning. Critical reading of texts recommended by the teacher of the subject: Press articles, reports, manuals and / or academic articles. Resolution of practical cases, problems, etc., raised by the teacher individually or in groups. Discussion in class, under the moderation of the professor of subjects related to the content of the subject, as well as of practical cases. Elaboration of works and reports individually or in groups
Assessment System
  • % end-of-term-examination 60
  • % of continuous assessment (assigments, laboratory, practicals...) 40
Basic Bibliography
  • ALONSO GARCIA, Ricardo. Constitución española y constitución europea: guión para una colisión virtual y otros matices sobre el principio de primacía.. Revista Española de Derecho Constitucional. ¿ N. 73 (enero-abril 2005), p. 339-364.
  • Barnard, C.. The Substantive LAw of the European Union: The Four Freedoms. Oxford University Press, 5. ed.. 2016
  • Barnard, C., Peers, S.. EU Law. Oxford University Press. 2017
  • CRAIG, Paul P. and BÚRCA, Gráinne de. EU Law, Sixth Edition. . Oxford University Press. Oxford. 2015
  • DIEZ MORENO, Fernando. Manual de derecho de la Unión Europea, 5ª Edición. Thomson Reuters Civita. 2009
  • De Búrca, G., Craig, P.. EU Law. Text, Cases and Materials. Oxford University Press. 2015
  • LENAERTS, Koen and VAN NUFFEL, Piet [and others]. European Union Law, Third Edition. .(ISBN: 978-18-4703-743-5). Sweet & Maxwell. London. 2011
  • MANGAS MARTÍN, Araceli. Algunos aspectos del derecho derivado en el Tratado de Lisboa: categorización de los actos, indeterminación de los tipos de actos, bases jurídicas y jerarquía. . Revista General de Derecho Europeo 18 . 2009
  • Platsas, A. E.. The Harmonisation of National Legal Systems. Elgar. 2017
  • Pltasas, Antonio E.. The Harmonization of National LEgal Systems. Elgar. 2017
  • SZUDOCZKY, Rita. The Sources of EU Law and Their Relationships: Lessons for the Field of Taxation. . IBFD Doctoral Series, Volume 32. 2014
Recursos electrónicosElectronic Resources *
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The course syllabus and the academic weekly planning may change due academic events or other reasons.