European Union Law
Code
LL110
Department
Área de Ensino
Credits
6
Teacher in charge
Nuno Piçarra
Weekly hours
4.5
Teaching language
Português
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 evolution. After this historical introduction, the aim is to familiarize students with the attributions and powers of the EU, its fundamental principles and values, as well as with the human, material, and budgetary means at its disposal.
Furthermore, the objective is to provide, on the one hand, an overview of the EU institutional framework 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, an overview is given of the legal framework of the EU and in particular of its system of sources of law, including the impact EU law is called to produce in the legal orders of the Member States, according to certain methods and application techniques elaborated under the Treaty of Rome, which students must dominate.
The analysis of the EU institutional and legal framework is complemented by some essential aspects of its material law: the "four fundamental freedoms" and the European citizenship.Subject matter
I. Historical introduction: from the European Community of Coal and Steal and the EEC to the EU. The permanent tension between the intergovernmental cooperation and the supranational integration. II. Attributions and powers of EU. The fundamental principles and values. The means at its disposal. The EU institutional framework. The European Council, the European Parliament, the Council and the Commission, organs of political direction: formation, composition, competence and functioning. The legislative, executive, budgetary and international procedures. III. The EU legal order and its system of sources of law. In particular, the regulation, the directive and the decision. Validity and effectiveness of EU law: the duty to respect the fundamental principles and rights. The relationship with the Member States law: direct effect, primacy, conform interpretation and liability for breaching EU law. IV. The EU jurisdictional system, its structure, functioning and remedies. Articulation with the Member States jurisdictional systems. V. Introduction to the “four freedoms” and to the European citizenship.
Bibliography
1. Gorjão-Henriques, Miguel, Direito Comunitário, 6ª edição, Coimbra, 2010;
2. Piçarra, Nuno (coord.), A União Europeia segundo o Tratado de Lisboa. Aspetos centrais, Coimbra, 2011;
3. João Mota de Campos e João Luís Mota de Campos, Manual de Direito Europeu, Wolters Kluwer/Coimbra Editora, 6.ª edição, 2010;
4. Quadros, Fausto de, Direito da União Europeia, Coimbra, 2004;
5. Koen Lenaerts e Piet van Nuffel, Constitutional Law of the European Union, Londres, Sweet & Maxwell, 1999.
6. T. C. Hartley, The Foundations of European Union Law, Oxford University Press, 7.ª edição, 2010.
7. J. H. H. Weiler, The Constitution of Europe, Cambridge University Press, 1999.
8. Koen Lenaerts, Dirk Arts e Ignace Maselis, Procedural Law of the European Union, 2.ª edição, Londres, Sweet & Maxwell, 2006.
9. Weiler, Joseph, “The Transformation of Europe” in The Yale Law Journal, vol. 100, 1991.
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. Prior preparation of students is always required.