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European Union Litigation 2017/2018

  • 5 ECTS
  • Taught in Portuguese
  • Both continuous and final Assessment

faculty body

Objectives

It is intended that the student can be able to:
- Describe the mechanisms for judicial protection of European Union law;
- Identify, define, relate the different legal procedures available to the Union jurisdiction in a broad sense, as well as interpret the content of the jurisprudence of the EUCJ;
- To interpret and apply the fundamental principles of coordination between the Union legal order and national law, and to assess the compatibility between Union and national legal orders;
- Understand the contribution of case law to the configuration and evolution of the judicial system of the legal order of the European Union;
- To apply the European Union's contentious measures to specific disputes, taking into account national and international legal systems.

Recommended Prerequisites

Political Science
Constitucional Law
International Law
European Union Law

Teaching Metodology

In order to comply with what is required in curriculum development and to meet the proposed objectives, several teaching/learning methodologies are followed. The expository class is not exempt, where the debate of ideas and the expression of well-founded opinion is a constant, with the analysis and critique of legislation, judgments and other documents. By the Socratic method with dialogue between teacher and student, in the classroom, which leads, through questions and answers, to the specific learning objective of that class and the case method, by studying judicial decisions that apply one of the contentious means under study. Parallel to the legal resolution of proposed problems allows a very close contact with the reality of work and with the difficulties and steps that are being overcome in a real context through case studies, real or hypothetical, involving legal and non-legal elements. Following this process, students are encouraged to research and autonomous study.

Body of Work

I - THE LEGAL ORDER OF THE EUROPEAN UNION AND ITS SOURCES OF LAW
II - THE LITIGATION OF THE EUROPEAN UNION
III - THE PROCEDURE IN THE COURT OF JUSTICE OF THE EUROPEAN UNION
IV - THE COURT OF JUSTICE OF THE EUROPEAN UNION (CJEU) IN THE INTERNATIONAL ORDER

Recommended Bibliography

MESQUITA, Maria José Rangel. Introdução ao Contencioso da União Europeia. Almedina, 2017. ISBN 978-972-40-6941-8.

QUADROS, Fausto de, e MARTINS, Ana Maria Guerra. Contencioso da União Europeia. reimpressão da 2.ª ed. Almedina, Lisboa, 2009. ISBN 978-972-40-3084-5.

GORJÃO-HENRIQUES, Miguel. Tratado de Lisboa. 6.º ed. Coimbra: Livraria Almedina, 2015. ISBN 978-972-40-6165-8.

CONSTITUIÇÃO DA REPÚBLICA PORTUGUESA de 2 de Abril de 1976, na versão da 7.ª Revisão constitucional (Lei Constitucional n.º 1/2005 de 12 de Agosto), edição de Maria Manuela Magalhães Silva, Instituto Superior Bissaya-Barreto, 2007. ISBN 978-972-98887-5-5.

Complementary Bibliography

CAMPOS, João Mota de; PEREIRA, António Pinto; CAMPOS, João Luiz. O direito processual da União Europeia - contencioso comunitário. Lisboa: Fundação Calouste Gulbenkian. 2.ª ed. revista e aumentada, 2014. ISBN 978-972-31-1516-1.
DUARTE, Maria Luísa. Direito do Contencioso da União Europeia. AAFDL, Lisboa, 2017. ISBN 9789726291046.
FERREIRA, Maria da Graça Jerónimo Enes. Unidade e Diferenciação no Direito da União Europeia - A diferenciação como um princípio estruturante do sistema jurídico da União. Almedina, 2017. ISBN 9789724065076.
LENAERTS, Koen; MASELIS, Ignace, and GUTMAN, Kathleen. Procedural Law of the European Union. Sweet and Maxwell, 2015. ISBN: 9780198707349

Weekly Planning

1st week
Presentation of the discipline.
Bibliographic and methodological indications.

2nd week
I - THE LEGAL ORDER OF THE EUROPEAN UNION AND ITS SOURCES OF LAW

3rd week
I - THE LEGAL ORDER OF THE EUROPEAN UNION AND ITS SOURCES OF LAW

4th week
II - THE EUROPEAN UNION'S LITIGATION

5th week
II - THE EUROPEAN UNION'S LITIGATION

6th week
II - THE EUROPEAN UNION'S LITIGATION

7th week
II - THE EUROPEAN UNION'S LITIGATION

8th week
II - THE EUROPEAN UNION'S LITIGATION

9th week
II - THE EUROPEAN UNION'S LITIGATION

10th week
II - THE EUROPEAN UNION'S LITIGATION

11th week
II - THE EUROPEAN UNION'S LITIGATION

12th week
III - THE CASE IN THE COURT OF JUSTICE OF THE EUROPEAN UNION

13th week
III - THE CASE IN THE COURT OF JUSTICE OF THE EUROPEAN UNION

14th week
IV - THE COURT OF JUSTICE OF THE EUROPEAN UNION (EUCJ) IN THE INTERNATIONAL ORDER

15th week
IV - THE COURT OF JUSTICE OF THE EUROPEAN UNION (CJEU) IN THE INTERNATIONAL ORDER

Demonstration of the syllabus coherence with the curricular unit's objectives

The description of the mechanisms of judicial protection of European Union law is achieved through the initial study of point I of the program. Identify, define, relate the different legal avenues available to the Union courts in a broad sense, interpret the ECJ case-law and interpret and apply the fundamental principles of articulation between the Union legal order and national law and assess the compatibility between Union and national devices are objectives achieved through what happens with the study of point II. The understanding of the contribution of case law to the development of the European Union's judicial system is obtained by the examination of points I, II and III. The application of the contentious measures of the European Union to specific disputes taking into account national legal systems is achieved through points II, III and IV.

Demonstration of the teaching methodologies coherence with the curricular unit's objectives

In all learning objectives the expository method is used as a starting point, with debate of ideas and expression of informed opinion. The UC has objectives of knowledge, understanding, application, analysis, synthesis and evaluation. In addition, to describe THE LEGAL ORDER OF THE EUROPEAN UNION AND ITS SOURCES OF LAW, the lectures are adequate to achieve the first cognitive objective of this UC. To distinguish THE LITIGATION OF THE EUROPEAN UNION and it is used the analysis and critique of legislation, judgments and other documents and the legal resolution of problems with the interpretation of the content of the jurisprudence of the CJEU. In order to name, characterize and operationalize THE PROCEDURE IN THE COURT OF JUSTICE OF THE EUROPEAN UNION and THE COURT OF JUSTICE OF THE EUROPEAN UNION (EUCJ) IN THE INTERNATIONAL ORDER the methodology of case study evaluating the compatibility between community and national devices is used. By all, the Socratic method stimulates the construction of a new knowledge by deconstructing the student's initial knowledge and stimulates the active participation of the student in the learning process, developing critical skills and analysis in line with the objectives of the discipline.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Analytical and synthetic skillsYesYes
Ethical and responsible behaviourYes 
Event organization, planning and managementYesYes
Problem-solvingYesYes
Relating to othersYesYes
Research skillsYesYes
Written and verbal communications skillsYesYes
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