GRADO EN ESTUDIOS GLOBALES/GLOBAL STUDIES
1. Subject Information(Date last modified: 07-05-22 19:39)
- Second semester
- DERECHO INTERNACIONAL PÚBLICO Y RELACIONES INTERN.
- Derecho Público General
- Virtual platform
- Juan Santos Vara
- Fac. Derecho
- Office hours
- Lunes, martes, miércoles, de 10h.00 a 12h.00
- Web address
- http://campus.usal.es/~derechointernacionalpublico/santos.html http://campus.usal.es/~derechointernacionalpublico/garrido.html
- 923294400 ext. 6958
2. Association of the subject matter within the study plan
Curricular area to which the subject matter pertains.
This subject is part of the formative block dedicated to European and international legal and polítical aspects of the study programme.
Purpose of the subject within the curricular area and study plan.
This subject completes the student’s formation relating to understanding international legal and political reality. It is more specialised than other subjects of a similar nature (International Relations and Public International Law) and is also complementary to other subjects (International Organisations).
An adequate knowledge of the legal and political system of the European Union is a fundamental requirement for the exercise of a major part of the professional activities that corresponds to the profile of a postgraduate of Global Studies. Mainly, any activity with an international projection, but also many other activities related to domestic politics or law, taking into account that any aspect of these is currently conditioned by Spain’s membership of the European Union.
Those acquired by passing the subjects “International Relations” and “Public International Law” belonging to the first course of the Degree.
4. Learning objectives
The aim of this subject is to familiarise the student with the institutional framework and legal order of the European Union, understood as a subsystem of international law but characterised also by its autonomy. The student will acquire a profound knowledge of the historical context of the EU, its institutions, its legal system, and the main procedural mechanisms that exist in the Court of Justice. The students will also gain a series of basic skills which will serve them in understanding correctly both the institutional set-up of the EU and the peculiar characteristics and scope of its legal order.
More specifically, the results of the learning process which are contemplated in this subject are the following:
- To understand and assess the theoretical foundation and main principles on which European integration is based, as well as the legal and political consequences of EU membership.
- To learn and understand the structure, composition and functioning of the institutional system of the EU, as well as interpret correctly its internal dynamics (institutional relations).
- To identify and analyse the different categories of norms that form part of the EU’s legal order.
- To be able to identify and analyse the challenges the European integration project is facing in the 21st Century.
PART ONE: HISTORY AND CONTEXT
Lesson I. The historical process of European integration. 1.- The idea of Europe in history. 2.- The creation of the ECSC and the EEC. 3.- The internal dimension: deepening integration through treaty amendment. 4.- The external dimension: the successive enlargements.
Lesson II. The European Union. 1.- General features of the Union. 2.- Accession and withdrawal of a Member State. 3.- The powers of the EU: typology and exercise. 4.- ‘Europe à la carte’: enhanced cooperation.
PART TWO: THE EUROPEAN INSTITUTIONS
Lesson III. The institutional framework of the EU. 1.- Originality and general features of the institutional framework of the Union. 2.- Instrumental aspects: seats, languages and civil service. 3.- The European Commission or the defence of the common interest: composition, internal organisation and functioning. The powers of the Commission. The political responsibilities of the Commission.
Lesson IV. The defence of the national interests: The European Council and the Council of the EU. 1.- The European Council: institutionalisation, organisation and functions. 2.- The Council of the EU: composition, powers and decision-making. 3.- Preparing the Council’s tasks: COREPER.
Lesson V. The defence of the interests of the citizens: The European Parliament. 1.- Elections by direct, universal suffrage. 2.- Composition, internal organisation and functioning. 3.- The EP’s powers: legislation, budget and political control.
Lesson VI: Other institutions and bodies of the Union. 1.- The institutional system of the Economic and Monetary Union. 2.- The EU’s budget and the Court of Auditors. 3.- The role of the European Agencies.
PART THREE: THE LEGAL ORDER OF THE EUROPEAN UNION
Lesson VII. Introduction to the EU’s legal order. 1.- Basic features of the Union’s legal order. 2.- Primary law: the constitutive Treaties and their revision mechanisms. 3.- Secondary law: typical (regulation, directive and decision) and atypical acts. 4.- International acts.
Lesson VIII. EU Principles concerning EU law and its relation with domestic legal orders. 1.- The principle of autonomy. 2.- The principle of direct effect. 3.- The principle of primacy. 4.- The principle of state responsibility for breaching EU law.
Lesson IX. The European Court of Justice and the Union’s judicial system. 1.- The Court of Justice and the General Court: structure, functions and formations. 2.- Enforcement proceedings. 3.- Actions for judicial review. 4.- The preliminary rulings procedure.
Lesson X. Fundamental rights and EU citizenship. 1.- The judicial construction of the protection of fundamental rights. 2.- The Charter of Fundamental Rights. 3.- The EU’s accession to the ECHR. 4.- EU citizenship.
There will be class essays or case studies relating to some of the relevant issues dealt with in the theoretical classes to be chosen by the professors.
6. Competences acquired
Basic / General.
CB2, CB4, CB5, A2 y A3
B3, B10, B12 y B13
7. Teaching methods
This subject combines both theoretical and practical classes in a 70% and 30% relevance respectively. For all of them a previous preparation on the part of the student will be required by using the materials or references offered by the professors, meaning the “master sessions” will only represent approximately 50% of the theoretical part.
8. Anticipated distribution of the use of the different teaching methods
The assessment instruments will be the following:
1.Passing the written exam (70% of the final mark).
2. Handing in the case studies and actively participating in the practical and theoretical classes (30%).
Guidelines in the case of failing the subject.
The requirements for the second exam are the same as those for the ordinary call.