European Union Law (20991)2015-2016

Degree course: Degree in Law
Academic year: second
Term: second
Number of ECTS credits: 6
Student hours: 150

Syllabus

European Union Law forms part of the Degree in Law course and therefore falls within the more general context of the Social Science sphere.

On the Degree in Law curriculum this course is studied in the second term of the second academic year, after the course in Public International Law. Against this background knowledge, European Union Law presents the specific characteristics of the European Union as an international organisation that articulates the phenomenon of integration in Europe, and the European Union legal system as a special category of supranational law with heterogeneous regulations and specific forms of relationship with states' national laws.

The course introduces the development and characteristics of the process of European integration and describes and analyses the functioning of the European Union (and of the European Communities until the coming into force of the Treaty of Lisbon). To this end, the areas of power sharing; the organic structure and inter-institutional relations; the set of sources of the legal system; the rules and principles for the applying and enforcement of European Union Law, and the legal guarantee of its application are examined. From this point of view, the general framework of European integration is presented, without systematic explanation of the contents of material law. However, the course does enable students to glimpse this content through understanding the principles and aims of the European Union, the power-sharing system and certain actions and policies by analysing and studying the cases which form the basis for seminars. The course also provides students with the necessary tools for researching regulations, policies and internal actions within European Union law.

Successful completion of European Union Law requires students to read and understand legal texts, especially the Court of Justice of the European Union judgments and interlocutories, and to develop the ability to apply theory to real-world cases.

I. THE EUROPEAN INTEGRATION PROCESS

Topic 1. Origins and development of the idea of a united Europe

The idea of European unity. The Schuman Plan and the ECSC. The Treaties of Rome: the EAEC and the EEC. The revision of the treaties establishing the European Communities: the deepening and broadening dynamics. The European Reform Treaty or Treaty of Lisbon.

Topic 2. The European Union

The Treaty on European Union. The legal personality of the European Union. Values, principles and general aims of the European Union. Accession to the European Union. Common foreign and security policy. The protection of basic rights in the European Union. Union citizenship.

Topic 3. The functioning of the European Union

The Treaty on the Functioning of the European Union. European Union powers. The principles and aims governing the exercise of powers. Closer cooperation. European Union policy and internal actions: the internal market; economic and monetary union; the Area of Freedom, Security and Justice. State constitutional provisions for devolution.

II. STRUCTURE, BODIES AND POWERS

Topic 4. The organic structure of the European Union

General ideas. European Union institutions. The European Council. The European Central Bank. Complementary bodies: advisory bodies, management bodies.

Topic 5. The Council, the Commission and the Parliament: the normative function.

The Council of Ministers. The forming of states' will in the Council's consent. The European Commission. The European Parliament. Advisory bodies: the Economic and Social Committee and the Committee of the Regions. European Union procedures for adopting rules.

Topic 6. The Court of Justice and the Court of Auditors

The Court of Justice of the European Union. The General Court. The European Union Civil Service Tribunal. European Union funding. The Court of Auditors.

III. THE SOURCES OF THE EUROPEAN UNION LEGAL SYSTEM

Topic 7. The European Union legal system. Primary legislation. The general principles of law

General ideas about European Union law. Classification of the sources of the European Union legal system. Primary legislation. Judicial review of primary legislation. The general principles of law. Case law.

Topic 8. International agreements made by European Union international law

General ideas about European Union external action. Agreements made by the European Union with third states and international organisations. International law.

Topic 9. European Union institutional law

General ideas. European Union legal acts provided for by treaties: compulsory and non-compulsory acts. Conditions for the promulgation of secondary legislation. Atypical acts and acts not provided for by treaties.

IV. THE APPLYING OF EUROPEAN LAW

Topic 10. The direct effect of European Union law

General ideas. The integrating of Union law into state national laws. The direct effectiveness concept. The direct effect of primary law. The direct effect of secondary legislation: the case of directives. Consistent interpretation.

Topic 11. The primacy of European Union law

General ideas. The primacy concept. Consequences of primacy. The issue of the primacy of European Union law in member states' constitutional systems.

Topic 12. The principle of state responsibility for failure to comply with European Union law

General ideas. The concept of state non-compliance. Conditions of state responsibility for non-compliance with European Union law. The limits of state autonomy to satisfy the right of private individuals to obtain reparation.

Topic 13. Implementing European Union law

General ideas. The principle of institutional and procedural autonomy. The administrative implementation of European Union law: direct implementation on the part of institutions and indirect implementation on the part of member states. Implementation within states with federal or regional structures: the case of Spain.

V. LEGAL GUARANTEE OF THE APPLICATION OF EUROPEAN LAW

Topic 14. Judicial review. Disputes in the European Union

General ideas. The appeal system: classification and features. Review of European Union legal acts: the appeal for cancellation, the appeal for inactivity and the appeal for extra-contractual liability. Review of member states' acts: the appeal against non-compliance of the state.

Topic 15. Preliminary ruling procedure

General ideas. Cooperation between the Court of Justice of the European Union and member states' national jurisdictions. Acts which could be the object of preliminary ruling procedure. Effects of preliminary ruling.