
The Legal System of the European Union
Code: 104474Credits: 6
| Degree programme | Type | Course |
|---|---|---|
| International Relations | FB | 3 |
Contact lecturer
- Name :
- Susana Beltran Garcia
- Email :
- susana.beltran@uab.cat
Teaching staff
- Montserrat Pi Llorens
Group languages
You can consult this information at the end of the document.
Prerequisites
It is expected that the students attending this course will have the knowledge covered in the subjects International Pubic Law and Institutions and Politics of the European Union (2nd year Degree in International Relations).
Objectives
- Describe and analyze the core elements of the EU from a legal perspective, in order to understand its legal and political nature and its international subejctivity.
- Understand the powers of the EU and the principle of specific conferment of competences.
- Understand the EU decision-making mechanisms.
- Understand the system of sources of EU law.
- Understand the consequences of the principles of primacy and direct effect of EU law.
- Understand the mechanisms of legislative and administrative application of EU law in Spain, both in its central and the autonomous regime.
- Understand the judicial control system and the primary role of the internal judge in the application of EU law.
Learning outcomes
- Students must be capable of applying their knowledge to their work or vocation in a professional way and they should have building arguments and problem resolution skills within their area of study.
- Students must be capable of collecting and interpreting relevant data (usually within their area of study) in order to make statements that reflect social, scientific or ethical relevant issues.
- Students must develop the necessary learning skills to undertake further training with a high degree of autonomy.
- Identify data sources and carry out rigorous bibliographical and documentary searches.
- Recognise the influence of different actors in the production and practice of international law and European and community law in the international system.
- Define the context of legal regulation for international relations and the sources, rules and subjects in international public law and the way in which they appear in the actions of states and international organisations.
- Evaluate international responsibility in different current situations.
- Analyse the legal bases for different actions and regulatory provisions of the EU and their different impacts on internal ordinance.
- Explain the explicit or implicit code of practice of one's own area of knowledge.
- Critically analyse the principles, values and procedures that govern the exercise of the profession.
- Weigh up the impact of any long- or short-term difficulty, harm or discrimination that could be caused to certain persons or groups by the actions or projects.
Contents
PART 1: THE EUROPEAN UNION AS AN INTERNATIONAL SUBJECT
SECTION 1: THE EUROPEAN UNION: JURIDICAL NATURE AND REGULATION IN FORCE
The legal personality of the Union. The Treaty on European Union. The Treaty on the Functioning of the European Union. The values of the Union: the rule of law. Flexibility: mechanisms and legal framework.
SECTION 2: EUROPEAN UNION COMPETENCES
Basis of the EU competences: principle of conferral. Legal Basis. Types of competences. External dimension. Principles governing the exercise of competences: Principle of subsidiarity, principle of proportionality.
PART 2: THE EUROPEAN UNION AS A NORMATIVE POWER
SECTION 3. EU'S NORMATIVE PROCESS
Ordinary legislative procedure. Special legislative procedures. The adoption of delegated acts and executive acts. Procedure for the conclusion of international agreements. Other procedures.
SECTION 4. THE EUROPEAN UNION LEGAL ORDER
The autonomy of European Union legal order. Main features.
SECTION 5. PRIMARY LAW
Definition, content, features and functions. Scope of application; territorial, personal and temporal. Interpretation rules. Revision of the Treaties. Accession and withdrawal.
SECTION 6. INTERNATIONAL SOURCES
The general international law. The international agreements of the EU: typology. The soft law.
SECTION 7. SECONDARY LAW
Definition. Features. Binding acts: a) regulations, b) directives, c) decisions. Non-binding acts: recommendations and opinions. Differences between Legislative, Delegated acts and Implementing acts. The Decisions of the Common Foreing and Security Policy.
PART 3: THE INTERACTION BETWEEN LEGAL ORDERS
SECTION 8. PRINCIPLES GUIDING THE RELATIONS BETWEEN EUROPEAN LAW AND NATIONAL LAW
Direct applicability. The principle of direct effect of the EU law. The principle of primacy: matter of the Fundamental Rights. Principle of Member State liability for breach of European law.
SECTION 9. LEGISLATIVE AND ADMINISTRATIVE IMPLEMENTATION OF THE EUROPEAN LAW
Implementation of the EU law by the EU Institutions and bodies. Implementation of EU laws by national authorities of the member States. Implementation in geographically complex States: the Spanish situation.
PART 4: AN INTERNATIONAL JUDICIAL SYSTEM SUI GENERIS
SECTION 10. JUDICIAL CONTROL
Functions of the National Courts jurisdiction and European Court jurisdiction. Character of the judicial control of the European Court of Justice and classification criteria. Features of the different proceedings. Proceedings of the Court of Justice and Proceedings of the General Court. Action for annulment. Actions for failure to fulfil obligations.
SECTION 11. PRELIMINARY RULINGS
Nature of references for a preliminary ruling. Features. Procedure. Effects.
Learning activities and methodology
| Title | Hours | ECTS | Learning outcomes |
|---|---|---|---|
| Autonomous activities are all the activities that the students do on their own, and in accordance with the academic requirements of the course | 77 | 3.08 | |
| Guided activities are classroom activities, with the presence of the teacher, and that may include: lectures and seminars | 52 | 2.08 | |
| Student atention | 15 | 0.6 |
The course has 6 ECTS credits, therefore it is expected that the students devote 150 working hours for this course, divided into different types of activities, each of them with a specific amount of working hours. This diversity of formats is reflected in the use of different working methodologies during the course:
- Guided activities are activities done in the classroom with the presence of the teacher, and will include: lectures (with ICT support and the possibility of forming discussion groups for specific topics); seminars for discussing the required readings, for focusing on practical issues and for analysing specific cases, problems and examples related to the course’ syllabus. For these activities there will be specific readings, which will be announced well in advance. These activities represent one third of the total working hours required for the course (50 hours).
- Supervised activities are the ones carried out by the students outside the classroom, according to a work plan designed and supervised by the lecturer. Supervised activities also include individual tutorials and similar activities to asses each student’s progress. These activities represent approximately 10% of the required working hours (15 hours).
- Autonomous activities are all the activities that the students do on their own, and in accordance with the requirements of the course. These activities may include supplementary research and reading, study their class notes, and all the activities that supplement their work during the course. These activities account for half of the student’ working time (75hours).
Assessment
Continuous assessment activities
| Title | Weight | Hours | ECTS | Learning outcomes |
|---|---|---|---|---|
| Participation in plenary classes | 10% | 0 | 0 | 1, 2, 3, 5, 6, 11 |
| Activity 8 | 5% | 0 | 0 | 4, 5, 6, 7, 8 |
| Exam | 40% | 2 | 0.08 | 1, 2, 3, 4, 5, 6, 7, 8, 10, 11 |
| Activity 7 | 5% | 0 | 0 | 4, 5, 6, 7, 8, 10 |
| Activity 2 | 5% | 0 | 0 | 1, 2, 4 |
| Activity 6 | 5% | 0 | 0 | 2, 4, 5, 7, 8, 10 |
| Activity 9 | 5% | 0 | 0 | 4, 5, 6, 7, 8, 10, 11 |
| Activity 4 | 5% | 0 | 0 | 4, 5, 6, 7, 8 |
| Activity 1 | 5% | 2 | 0.08 | 2, 4 |
| Activity 5 | 5% | 0 | 0 | 5, 6, 7, 8, 10, 11 |
| Activity 10 | 5% | 2 | 0.08 | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 |
| Activity 3 | 5% | 0 | 0 | 2, 4, 5, 6 |
The assessment will be based on a final exam (40%), participation in plenary classes (10%) and ten evaluable activities ( 50%). The final assessment is the result of the arithmetic average calculation of all the evaluative activities. At the beginning of the course, the professor will inform about the activities and their schedule. Only those students who don't pass the assessment of the subject as a whole, will be eligible for the reassessment exam. The reassessment will be based on an exam.
Student non-evaluable: Students will be assessed as long as they have completed a set of activities whose weight is equivalent to a minimum of 2/3 of the total qualification for the subject. If the value of the activities carried out does not reach this limit, the teacher of the subject may consider the student as not evaluable
Unique Evaluation
The unique evaluation will consist of the following:
- Written exam with 10 short questions about the theoretical content of the subject: 50% of the final grade.
- Practical case 1 written, related to the application of the theoretical content of the subject: 25% of the final grade.
- Practical case 2 oral, related to the application of the theoretical content of the subject: 25% of the final grade.
If the unique evaluation is failed, a reevaluation can be done. It will consist of a written exam.
The request for a unique evaluation implies renouncing continuous assessment.
Non-evaluable: the same non-evaluable criterion applied in the continued evaluation will be applied in unique evaluation
Use of AI
Restricted Use: For this course, the use of Artificial Intelligence (AI) technologies is allowed exclusively for support tasks, such as bibliographic or information searches, text correction, or translations. Assessable activities must be completed without the use of AI, unless explicitly authorized by the teaching staff. Students must clearly identify which parts have been generated using this technology, specify the tools employed, and include a critical reflection on how these tools have influenced both the process and the final result of the activity. Lack of transparency regarding the use of AI in this assessable activity will be considered academic dishonesty and may result in a partial or total grade penalty, or more serious sanctions in severe cases
Important note
Any irregularity committed in an assessment activity — including academic fraud, plagiarism or the improper use of AI, unless such use is expressly authorised in the course guide — that may lead to a significant change in the grade will result in that assessment activity being graded with a 0.
If the course guide establishes that, in order to pass the course, it is essential to obtain a minimum grade in that assessment activity, or if several irregularities occur in the assessment activities of the same course, the final grade for the course will be 0.
Without prejudice to the above, disciplinary proceedings may be initiated against any student who commits any of these irregularities.
The teaching staff reserves the right to conduct oral interviews or an alternative assessment in order to verify the effective acquisition of knowledge and competences and, therefore, the validity of the assessment activities completed by the students.
Bibliography
BASIC BIBLIOGRAPHY
A.- Legislation
- Tratado de la Unión Europea, Tratado de Funcionamiento de la Unión Europea, Carta de Derechos Fundamentales de la Unión Europea
B.- Books
- BORCHARDT, K.-D., The ABC of EU Law, OPUE, 2023, https://op.europa.eu/es/publication-detail/-/publication/2c30cce5-3660-11ee-bbbf-01aa75ed71a1
- GUTIÉRREZ ESPADA, CESÁREO; CERVELL HORTAL, MARÍA JOSÉ; PIERNAS LÓPEZ, JUAN JORGE, La Unión Europea y su derecho, Trotta, 2019
- MANGAS MARTÍN, ARACELI; LIÑÁN NOGUERAS, DIEGO JAVIER, Instituciones y Derecho de la Unión Europea, Tecnos, Madrid, 2024.
ADDITIONAL BIBLIOGRAPHY
- ALONSO GARCÍA. RICARDO, Sistema jurídico de la Unión Europea, Civitas, Madrid, 4ª ed., 2014
- SARMIENTO, DANIEL, El Derecho de la Unión Europea, Marcial Pons, Madrid, 2020.
Software
No specific software is required.
Course groups and languages
The information provided is provisional until November 30. After this date, you will be able to consult the language of each group through this link. To access the information, you will need to enter the course CODE
| Type of teaching | Group | Language | Semester | Shift |
|---|---|---|---|---|
| (TE) Theory | 1 | Catalan | second semester | morning-mixed |
| (SEM) Seminars | 1 | Catalan | second semester | morning-mixed |