European Union Law 2017/2018
- 5 ECTS
- Taught in Portuguese
- Both continuous and final Assessment
- relevant skillset
The UC aims to complete objectives in the fields of knowledge, comprehension, application/use, analysis, synthesis and assessment.
Upon completing the UC the student should be able to:
1. Describe the European integration process;
2. Identify, define and relate the different EU institutions and the different sources of EU law;
3. Interpret the content of the EU’s legal acts;
4. Analyse, interpret and apply the fundamental connection principles between the EU legal order and domestic law;
5. Assess the compatibility between EU and national legal provisions.
A set of teaching and learning methods will be used. It includes lectures, the Socratic method (the dialogue between professor and students, in class, leading, via questions and answers, to the specific learning objective of that class in particular), the case method (studying legal decisions that represent the dynamics of a given field of Law or on a given topic or legal concept), (eventually role play, consisting of simulating a role similar to that of a legal profession in the legal field) and problem based learning (the central tool of which is the analysis of complex cases, real or hypothetical, envolving legal and non-legal elements, at a moment when the student has not yet acquired the specific knowledge on the central topic of the case). The knowledge assessment shall be type final, in the form of a written exam in the framework of which the student is required to solve a prejudicial question.
Body of Work
A. The creation of the EU and its development until present day - an historical review
B. The institutional system of the EU
C. The EU’s objectives: Economic Integration and Political Union
D. The legal nature and the constitutional principles of the EU
E. Sources of EU law
F. The internal effectiveness of EU law
Week 1. TP classes
UC presentation, programme, bibliography and assessment and work methods. Analysis protocol for the case method and active learning techniques.
Week 2. TP classes
1. The creation of the EU and its development until present day - an historical review The Treaties. Handling and reference techniques.
Week 3. TP classes
2. The institutional system of the EU. Decision-making procedure analysis. Active learning - diagramas. Case law analysis - case method.
Week 4. TP classes
3. The EU’s objectives: Economic Integration and Political Union Analysis of Opinion 1/91 (December 14th, 1991) Case method
Week 5. TP classes
4. The legal nature of the EU CJUE case law analysis. Case method.
Week 6. TP classes
Week 7. TP classes
4. The constitutional principles of the EU. Case law analysis - Da Costa case. Case method.
Week 8. TP classes
4. (Continued) the constitutional principles of the EU. CJUE case law analysis. Case method.
Week 9. TP classes
5. Sources of EU law CJUE case law analysis: constitutional principles. Case method.
Week 10. TP classes
5. (Continued) Sources of EU law. CJUE case law analysis: constitutional principles. Case method.
Week 11. TP classes
6. The internal effectiveness of EU law Case law analysis: complementarity between EU law and Domestic Law. Case method.
Week 12. TP classes
6. The internal effectiveness of EU law, continued. How the principle of effectiveness was built. CJUE case law analysis - Simmenthal case. Case method.
Week 13. TP classes
The equivalence principle. CJUE case law analysis. Case method.
Week 14. TP classes
Manifestations of effective legal redress CJUE case law analysis. Case method.
Week 15. TP classes
Demonstration of the syllabus coherence with the curricular unit's objectives
The curricular unit’s syllabus were conceived having in mind the coherent, complete and fruitful fulfilment of the curricular unit’s objectives. Hence, the first objective is fulfilled by the content of points A and B, while the second objective is fulfilled by the content of points B and E.
Likewise, the third objective is fulfilled by the content of point D, while the forth objective is fulfilled by the content of points D and F. Finally, the fifth objective is fulfilled by the content present in point F.
Demonstration of the teaching methodologies coherence with the curricular unit's objectives
The UC’s knowledge objectives are fulfilled by following the expositive components and by studying the materials included in the bibliography. The ability to relate different institutions along with different sources of EU law, as well as interpreting the content of legal acts of the EU is achieved by a joint use of the expositive method, the Socratic method and the case method. The ability to analyse, interpret and apply the different fundamental articulation principles between the EU legal order and domestic law, as well as the ability to assess the compatibility between EU and national provisions, is acquired through the case method, the Socratic method and active learning.
|relevant generic skill||improved?||assessed?|
|Analytical and synthetic skills|
|Problem Analysis and Assessment|