Checking date: 07/05/2019


Course: 2019/2020

The implementation of the democratic principle in the EU
(18135)
Study: Master in Advanced Studies in Public Law (361)
EPD


Coordinating teacher: MOREIRO GONZALEZ, CARLOS JAVIER

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

Type: Electives
ECTS Credits: 4.0 ECTS

Course:
Semester:




Students are expected to have completed
Degree in Law or Degree in Political Sciences
Competences and skills that will be acquired and learning results.
Basic Competences: CB6 Possess and understand knowledge that provides a basis or opportunity to be original in the development and/or application of ideas, often in a research context. CB7 That students know how to apply the knowledge acquired and their problem-solving ability in new or poorly known environments within broader (or multidisciplinary) contexts related to their area of study. CB8 That students are able to integrate knowledge and face the complexity of making judgments based on information that, being incomplete or limited, includes reflections on the social and ethical responsibilities linked to the application of their knowledge and judgments. CB9 That students know how to communicate their conclusions and the knowledge and ultimate reasons behind them to specialized and non-specialized audiences in a clear and unambiguous manner. CB10 That students possess the learning skills that will enable them to continue studying in a way that will be largely self-directed or autonomous. General Competencies CG1 Ability to advise public and private social actors in the application of legal norms, seeking to warn about the production of conflicts before they have occurred. CG3 Ability to solve complex legal problems within Public Law CG2 Ability to identify legal questions by acquiring advanced, specialized and multidisciplinary training CG6 Ability to develop teamwork and autonomous work in an international and multidisciplinary context. CG7 Ability to understand the interrelationship between scientific research and the development of legal institutions. CG8 Ability to handle with ease the various legal sources and the relationships between them CG9 Ability to approach legal problems from a multidisciplinary scientific perspective CG10 Ability to operate in contexts where there is little information for the purpose of investigating legal problems Specific Competences: CE1 Ability to identify legal institutions of Public Law that, as a consequence of the globalized environment, are under review. CE2 Ability to contrast legal institutions of Spanish public law with those of other countries CE3 Ability to identify differences in legal categories of public law with those of other branches of law CE4 Ability to investigate the historical root of current problematic legal issues, through examination of the origins and historical evolution of institutions EC5 Ability to identify incidence in criminal legal categories as a consequence of internationalization of criminal activities CE6 Ability to identify and reflect on the dogmatic challenges arising from the approximation of administrative legal institutions in an internationalised context.
Description of contents: programme
The implementation of the democratic principle in the EU An analysis of the key elements that articulate the legitimacy of the EU's institutional functioning shows that the resilience of the integration process is not due exclusively to economic, commercial and financial achievements, but also to a sui generis instrumentation of the representation, decision-making and control mechanisms of the democratic rule of law. Consequently, the subject consists of a critical analysis of the principle of gradualism in its chronological development from the creation of the European Communities to its overcoming with the conclusion of the Maastricht Treaty. Once the relevant normative and jurisprudential frame of reference has been established, the main part of the course focuses on the action and interaction of the principles of equality, representative democracy and participatory democracy as paradigms of governance in the EU. This implies a thorough knowledge of this framework and the identification of its application in the present time. 1. The democratic deficit of the European Communities. 2. The legal-institutional solution to the rebellion of the Constitutional Courts of the Member States. 3. The Maastricht Treaty: the inspiration in the Democratic Rule of Law of certain democratic mechanisms of the EU. 4. Citizenship of the Union. 5. The phenomenon of the European Conventions: an innovation of the democratic mechanisms in the comparative system of OO.II. 6. The Treaty of Lisbon and the extension of the Union's legitimacy bases. 7. The specificity of the Principle of Participatory Democracy in the EU. 8. Conflicts between the judicial application of the principle of mutual recognition and the protection of fundamental rights. 9. The cooperative dialogue for the consolidation of democracy, between the Council of Europe and the EU. 10. The phenomenon of populism and the democratic values of the Union.
Learning activities and methodology
TRAINING ACTIVITIES IN THE SYLLABUS RELATING TO SUBJECTS AF1 Theoretical class AF2 Practical classes AF6 Group work AF7 Individual Student Work AF8 Partial and final examinations Code activity Nº Total hours Nº Hours Attendance % Attendance Student AF1 96 96 100% AF2 48 48 100% AF6 148 0 0 AF7 296 0 0 AF8 12 12 100%. TOTAL MATERIAL 600 156 26%
Assessment System
  • % end-of-term-examination 60
  • % of continuous assessment (assigments, laboratory, practicals...) 40
Basic Bibliography
  • D. Levi-Faur - F. Van Waarden. Democratic Empowerment in the European Union. Elgar. 2018
  • Honor Mahony. EU Democracy tool hanging in the balance. euobserver.com. 2015
  • Jonsson Cornell, A. and Goldoni, M. . National and Regional Parliaments in the EU-Legislative Procedure Post-Lisbon. Hart. 2016
  • MOREIRO GONZÁLEZ, CARLOS J. . El Tratado de Niza: ¿una invitación al ¿intergubernamentalismo mágico". COLEX. 2002
  • MOREIRO GONZÁLEZ, CARLOS J. . El Principio de Democracia Participativa en el Proyecto de Tratado de Constitución Europea. Cuadernos Europeos de Deusto, 30. 2004
  • Moreiro González, Carlos J.. El juez nacional de medidas cautelares y la tutela del orden público y el interés público de la UE. Revista de Derecho Comunitario Europeo. 2016
  • S. Seubert [et al.]. Reconsidering EU Citizenship. Elgar. 2018
Recursos electrónicosElectronic Resources *
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The course syllabus and the academic weekly planning may change due academic events or other reasons.