European Union Law II 45
Language of instruction: English . Open to all.
Contents
I. The development of European integration
1. The First Steps in the History of the Present European Integration Process
2. The EEC and Euratom Treaties
3. 1966â€"86: From the Luxembourg Accords to the Single European Act
4. The Single European Act
5. The Birth of the European Union: The Maastricht Treaty
6. From Maastricht to Amsterdam
7. The Treaty of Amsterdam
8. From Amsterdam to Nice
9. The Nice Treaty
10. The European Convention and the IGC 2004
11. Conclusion
II. The European Union
1. The European Communities and European Union Legal Basis
2. The Membership: Admission, Exit and Suspension of Rights.
3. The Aims os the European Union
4. The EC Competences System
5. Closer Cooperation
III. The Institutions
1. General Ideas
2. The Commission
3. The Council
4. The European Council
5. The European Parliament
6. The European Court of Justice and the Court of First Instance
7. The Court of Auditors
8. Other Community Institutions
9. Conclusion
IV. The ECJ Activity
A. Enforcement Actions against Member States
1. The Function and Operation of the Infringement Procedure
2. The Commission’s Discretion
3. The Reasoned Opinion
4. Types of Breach by Member States of Community Law
5. State Defences in Enforcement Proceedings
B. Review of Legality
1. The Range of Reviewable Acts
2. Article 230 (ex Article 173): Standing for Privileged Applicants
3. Article 230(4) (ex Article 173(4) ): A Critical Analysis of the General Standing Rules for Non-privileged Applicants
4. The Grounds of Review
5. Article 232 (ex Article 175): Failure to Act
6. Article 241 (ex Article 184): The Plea of Illegality
7. The Consequences of Illegality and Invalidity
C. Preliminary rulings
1. Justification and types of preliminary ruling procedure
2. Some aspects those different types have in common
3. Interpretation and validity: The Provisions which can be Referred
3. Interpretation and validity: The Courts or Tribunals to which Article 234 (ex Article 177) Applies
4. The Effects of the ECJ Judgements
IV. sources of the european union legal order
A. EC Legal Order
1. Primary Sources
2. Secondary Sources
B. CFSP and PJCC Sources
V. The relationship between the community legal order and the national legal orders: direct effect and supremacy
1. The Conditions for Direct Effect
2. The Direct Effect of Treaty Provisions
3. The Legal Effects of Regulations and Decisions
4. The Legal Effects of International Agreements in EC Law
5. The Legal Effects of Directives
6. Supremacy of Community Law
VI. The principle of state liability for breach of ec law
1. The Origins of the Principle of State Liability
2. Conditions for Liability under Francovich
3. Brasserie du Pêcheur/Factortame III: Clarifying the Basis of the Principle of State Liability
4. Clarifying the Conditions for State Liability in Brasserie du Pêcheur/Factortame III
5. The Basic Principle of National Procedural Autonomy
6. The Requirements Imposed by Community Law: Proportionality, Adequacy, Effectiveness and Equivalence of National Responses
Methodology
Consists on the exposition of the different topics by the lecturer and the students work in the class solving problems of private international law and cases
Assessment
- Written exam
Bibliography
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Shaw, Josephine, Law of the European Union, 2000, 3rd. Edition. 341.521/Sha 2 j
Ward, Ian, A Critical Introduction to European Law, 2nd edition, 2003. 341.521/W 21 I
Warleigh, Alex, European Union. The Basics. 2004. 341.502/W 23 a