European Union Law
Code
711071057
Academic unit
Faculdade de Ciências Sociais e Humanas
Department
Estudos Políticos
Credits
6
Weekly hours
4
Teaching language
Portuguese
Objectives
The aim is to familiarize students with the European Union (EU), from the point of view of its genesis and the main milestones of its historical evolution, as well as of its fundamental values, attributions and powers and the human, material, and budgetary means.
It is necessary to provide, on the one hand, an overview of the EU institutional framework, its fundamental principles and its decision-making procedures. This includes an analysis of the EU institutions from the point of view of their formation, composition, competence and functioning. On the other hand, it is necessary to give an overview of the legal framework of
the EU and in particular of its system of sources of law, including the impact EU law produces in the legal orders of the Member States, according to certain methods and application techniques.
It is indispensable to complement the analysis with some essential aspects of EU material law, such as the European citizenship and the four fundamental freedoms.
Prerequisites
Subject matter
I. Historical introduction: from the European Coal and Steel Community and the European Economic Community to the EU after the Treaty of Lisbon. The permanent tension between inter-governmental cooperation and supranational integration in the EU evolution.
II. Aims, competences and values of the EU. Means at its disposal. The institutional framework, its fundamental principles and its functioning. The political institutions: European Council, European Parliament, EU Council and European Commission: Their formation, composition, competence and functioning. The decision-making procedures at legislative, executive, budgetary and international levels. The EU jurisdictional system and its tight connection with the jurisdictional systems of the Member States.
III. The EU legal order and its system of sources of law. Validity and efficacy of EU law. Relationship between EU law and national law: direct effect, primacy, conform interpretation and State liability for breach of EU law.
Bibliography
Duarte, Maria Luísa, União Europeia. Estática e Dinâmica da Ordem Jurídica Eurocomunitária, Coimbra, 2011, pp. 17-113.
Gorjão-Henriques, Miguel, Direito da União, 6.ª edição, Coimbra, 2010, pp. 13-429;
Piçarra, Nuno (coord.), A União Europeia segundo o Tratado de Lisboa, Coimbra, 2011, pp. 15-98.
Weiler, Joseph, The Transformation of Europe in The Yale Law Journal, vol. 100, 1991, pp. 2403-2483.
Teaching method
Teaching in theoretic-practical classes permanently open to students participation and based upon interactive analysis of the texts whose knowledge is mandatory (provisions in force, historical texts, case-law, etc.). Practical classes include the analysis of case-law, the resolution of practical cases and comments on legal theory texts.
The working elements for each class are always indicated in advance. A prior preparation of the students for each class is always required.
Evaluation method
The main evaluation element is a final written exam (75%). The other 25% results from the continual evaluation during the semester which is based on the quality and regularity of the oral participation of the students. The simple assiduity, i.e. the passive presence of the students, is not an autonomous element of evaluation.