Universitat Internacional de Catalunya
European Law
Other languages of instruction: Catalan, Spanish,
Teaching staff
On request, by sending an e-mail.
Professor Joaquim Llimona can be contacted at: jllimona@mesadvocats.com or jllimona@uic.es
Introduction
Challenges such as climate change and the energy transition, the Covid-19 pandemic, the wars in Ukraine and Gaza, are challenges to which an effective response clearly cannot be given at the level of individual States, Italy or Spain, but requires acting as Europe: as the European Union. The same applies to technological innovations: artificial intelligence and its limits or cybersecurity.
This year 2024 has seen European elections, and the renewal of EU institutions, in particular the Parliament and the Commission, is underway. Recent internal market reports led by Enrico Letta and Mario Draghi set out a path, not without difficulties, for Europe to regain industrial and technological leadership. The challenges are formidable.
The aim of this course is, on the one hand, to provide the elements of knowledge and debate that will enable students to understand the role and potential of the European Union, and the importance for our countries of being members of this international organisation. On the other hand, the students will understand the professional opportunities that membership of the EU means for them, and they will learn about the central elements of this framework.
For this reason, the history and functioning of the organisation are explained: its institutions, legal system and budget, as well as its objectives and policies, with special emphasis on the internal market, citizenship, the external dimension of the EU and the priorities and challenges that today mark the European agenda. Special attention will be paid to all those EU actions that have an impact on the group of students taking part in this course.
Some questions to be answered:
1-. With regard to your previous education and background, reflect on the impact that the European Union has had on your decisions so far, and whether you perceive the advantages of belonging to this organisation. Transfer this reflection to what you envisage as the culmination of your academic training in the first place and later on as a professional career.
2-. Today there is a perception that the great challenges and threats facing us are global and can only be tackled through international integration. Undoubtedly, among the issues that most concern you in your daily life and activity, there are:
- Inflation.
- Insecurity.
- Employment. Professional future.
- Climate change.
- Social tensions: societies with low cohesion.
- Artificial intelligence. Digital transition
- Health threats
- Geopolitics: The Russian threat and the Chinese challenge.
-
In these areas, what do you think is more effective, to act unilaterally as Italy or Spain, or as the EU?
3- Do you know what the advantages of European citizenship are, and can you tell me about any specific benefit you have obtained from the EU?
Pre-course requirements
Not applicable
Objectives
The course enables the student first of all to understand the phenomenon of European integration; and to learn about the historical process that has brought us to the point where we are today, to understand how the European Union works and what it is: its institutions, law and budget, and to learn about its main areas of action and results. The aim is for the student to perceive what the European Union means to him/her as a European citizen.
Competences/Learning outcomes of the degree programme
Learning outcomes of the subject
Syllabus
1. What is the European Union?
1.a) History of European integration: from the Treaties of Paris and Rome to the Treaty of Lisbon. Objectives and nature of the EU.
History of the European integration process up to the present day, emphasising the context in which the integration process started (Post World War II), the main achievements and crises, the changing global context and its influence on the integration process.
We will also focus on EU membership: enlargements and the recent withdrawal of the UK, as well as the recent membership applications of Ukraine and Moldova.
Finally, we will explain what the objectives of European integration are, what values underpin the EU and its legal nature: an international organisation or a federal structure?
1.b) The international and geostrategic dimension of the EU
The EU is an international economic power and a strong driver of international trade. It is a major player in international economic relations. At the same time, it is an actor in the field of foreign and security policy, with changing challenges on the international scene, to which Europe must be able to respond from a position of its own.
The current situation, with the war in Ukraine and a new role for the People's Republic of China, confronts the EU with major, somewhat unexpected challenges. Strategic autonomy, response to the global health crisis, energy, inflation: how is the EU reacting?
1.c) The Area of Justice, Freedom and Security.
The EU is an area of freedom, without internal borders. This requires a common policy on international migration, refugees and asylum, as well as external border control. The recent migration crises highlight the sensitivity of these issues.
2. EU instruments.
2.a) The institutions
In these classes we will first focus on the uniqueness of the EU's institutional structure and the fundamental principles governing the relations of the EU institutions. The composition, functioning and main competences of the Commission, the Council and the European Council, the Parliament and the Court of Justice will be explained. Other institutions and auxiliary bodies will also be analysed.
Students will acquire a knowledge and understanding of the institutions that is essential for anyone interested in engaging with the EU.
2.b) The legal system of the European Union: EU law.
The EU is a community of law. To understand it, it is useful to identify the main legal acts: treaties, or primary law, secondary law (regulations, directives and decisions), international agreements and general principles of law. It will explain how European rules are adopted and how business and industry can influence their content.
Secondly, it explains how European law applies to Member States and the EU's legal mechanisms to ensure that Member States and EU institutions do not infringe EU law.
2.c). EU budget.
Financial resources, the main figures of the budget and how the money is spent. The Multiannual Financial Framework 2021-2027.
3. Objectives and achievements of the European integration.
3.a) The European single market: the four fundamental freedoms and the complementary policies: competition law
These classes will examine the political and historical reasons behind the internal market and the different legislative tools to harmonise legislation, mainly in the area of goods, which has developed the most. We will also look at the main issues through which the Court of Justice has developed some of the concepts included in the treaties, such as "measures having equivalent effect". We will focus on the advantages that individuals and companies can obtain in the single market, analysing practical cases.
3.b) THE EURO: an EU success story.
The EURO as a mechanism to improve the functioning of the European Single Market. The European Central Bank. The financial crisis: the need to strengthen EU economic governance.
3.c) Citizenship and human rights in Europe.
The European Union today goes beyond economic integration into political areas, which are clearly perceived by its citizens. Today, being a European citizen means being the holder of a set of rights and being protected by the EU Charter of Fundamental Rights. Are we aware of our rights?
B-. PRACTICAL CASES (25% of the teaching).
In this second block of the course, students will work in groups to analyse, understand and present the theoretical learning acquired in the first block and apply it to real situations or scenarios integrated into their professional and personal future. Once around 35% of the theoretical classes have been completed, the groups will be formed and the topics to be worked on by each group will be chosen, seeking to work on the students' future situations. In other words, the professional profiles of the students will be taken into account.
Priority will be given to issues linked to economic integration and in particular to the new impetus of the internal market, and to the content and priorities set by the Letta and Draghi reports, put in the context of the EU's global priorities and challenges for the second half of the 2020s.
At the beginning of the academic year, students will be given an indicative timetable with the planned dates for the presentation of the topics.
Evaluation systems and criteria
In person
70% of the mark is based on the final exam. In order to pass the course, it is necessary to obtain at least 5 out of 10 points Passing the final exam does not guarantee passing the course, as continuous assessment (30%) must also be taken into account. Continuous assessment is based on the partial exam, attendance and class participation.
Bibliography and resources
There is no a reference book for the course content. For each blog in the programme, the corresponding bibliographical references will be provided. In addition, documents and bibliographical references of special interest will be uploaded to the virtual campus. The classes will be taught with the support of thematic power points, which will also be distributed.
The official EU website https://europa.eu is also recommended as a source of information.
In addition to the bibliography, the lecturer will upload the documents for each syllabus blog before the academic session. In most cases, prior reading of the above-mentioned documents will be necessary to attend the course.