Regional Economic Integration: the EU and beyond

Group	Teacher	Department	Language
Sec: A	Núria González Campañá	Derecho	ENG
Sec: A	José María de Areilza Carvajal	Derecho	ENG

Group	Teacher	Department	Language
Sec: B	Marta Ortega Gómez	Derecho	ESP
Sec: B	Núria González Campañá	Derecho	ESP

CONTENT

1. Regional Economic Integration: the EU and Beyond (first semester)
1.1. INTRO AND HISTORY OF EUROPEAN INTEGRATION In these introductory lectures we will examine the history of the integration process and the important role of law in that process. The rule of law is one of the EU¿s foundational values and is generally considered a distinctive feature of the EU, which distinguishes it from other international organisations. Its rules and norms have force considered by many to be similar to those of a federal state; yet, throughout its history the EU sought to avoid both descriptions in its self-portrait presenting it as a ¿sui generis¿ entity. We will discuss the context within which the integration process was started, and the many changes (legal, political, geographical) that it has gone through from 1950 until 2014. It is important to situate legal doctrine in its historical and political context and these lectures seek to do so. We will review different theories of integration and how they have been able to predict and guide -or not- integration outcomes. An awareness of these theories is important to understand why states chose to create the EEC and the reasons for subsequent Treaty changes. Reading: ¿ Chalmers, Davies and Monti, Chapter 1
1.2. INSTITUTIONS OF THE EU In these lectures we will look at the institutional machinery of the EU and focus on what can be seen as its ¿political process¿. It is generally recognised that there is no classical separation of powers in the EU, between the legislature, executive and judiciary. Instead, each institution exercises a combination of these roles and their powers are further blurred by the distinction between national and supranational level of government. Understanding this proves fundamental to anybody interested in practising EU law or involvement in EU politics. The Council therefore acts as the EU¿s legislator but comprises of the representatives of Member States¿ executives. The European Parliament is elected by European citizens but the Commission, let alone the Council, is not accountable to it. The Commission is closest to the EU government but as we will see, it is largely controlled by the Members States. We will also carefully look at how the Ordinary Legislative Procedure (OLP) divides power between these institutions in the legislative process, and how EU laws are made. These lectures will also show that the pattern of institutional competence within the EU has not remained static. It has altered both as a consequence of subsequent Treaty revisions and as a result of change in the political balance of power between the institutions over time, including through the emergence of a web of committees and institutional actors beyond the original ¿canonical¿ institutions. Reading: ¿ Chalmers, Davies and Monti, Chapter 2
1.3. LAW-MAKING, DEMOCRATIC DEFICIT AND INSTITUTIONAL REFORM These sessions approach the institutional question from a more normative angle. The EU is often criticised for not being democratic (enough). In this class, we will explore this question, discuss the different aspects of `democracy¿, and assess whether or not the EU indeed suffers from a democratic deficit. We will also look at possible ways to counteract this deficit, and in particular to two new mechanisms introduced by the Treaty of Lisbon: the role of National Parliaments in the `Early Warning System¿ under the Subsidiarity Protocol, and the Citizens¿ Initiative, which tries to infuse some type of participatory element in the EU¿s legislative process. Reading: - Chalmers, Davies and Monti, Chapter 3
1.4. AUTHORITY OF EU LAW AND NATIONAL CHALLENGES According to the Court of Justice, EU law is an autonomous legal order that limits national sovereignty and creates rights directly which individuals can invoke in national courts. There are a number of formal implications to this and a number of wider obligations. Formally, the authority of EU has four elements: the right for EU law to determine its own right; the precedence of EU law over all national law; the right for EU law to determine when there is a conflict with national law; and the fidelity principle, the duty of all national institutions to secure the application and effectiveness of EU law. The question raised by the previous classes is whether EU law should have this level of authority. In this respect a number of constraints have emerged in national court¿s responses (e.g., Solange doctrine of the German Constitutional Court) to the doctrines outlined by the ECJ, which has in turn led to response at the EU level. We will examine the doctrinal understanding of the relationship between EU law and national law as well as the broader normative and political questions that an understanding of this relationship requires. Reading: ¿ Chalmers, Davies and Monti, Chapter 5
1.5. FUNDAMENTAL RIGHTS The EU claims to be founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights. But what is the reality? Does the EU have an autonomous notion of these values, and what role should fundamental rights play within the EU? In these sessions we are going to discuss four issues: (a) the role of fundamental rights in the post-war European political and constitutional context, (b) the evolution of the legal system of fundamental rights protection in the EU, through the Charter of Fundamental Rights, the general principles of EU law and the European Convention on Human Rights. Other institutional initiatives in the human rights field include the establishment of a sanction mechanism for serious and persistent breaches of human rights in Article 7 TEU and the establishment of an EU Fundamental Rights Agency; (c) the question of how the EU can secure its fundamental values, which include fundamental rights, when its own Member States violate such rights; and (d) how the EU promotes its human rights and democratization policy in many countries around the world and uses human rights clauses in its international trade and development policies. Reading: ¿ Chalmers, Davies and Monti, Chapter 6
1.6. OTHER CASES OF REGIONAL ECONOMIC INTEGRATION The EU is the most advanced example of regional economic integration. But there are other such projects around the world that share some traits and dilemmas with the European one. In these sessions we will study NAFTA, Mercosur and ASEAN to understand their origin and development and economic and political underpinnings.

1. Regional Economic Integration: the EU and Beyond (first semester)

1.1. INTRO AND HISTORY OF EUROPEAN INTEGRATION

In these introductory lectures we will examine the history of the integration process and the important role of law in that process. The rule of law is one of the EU¿s foundational values and is generally considered a distinctive feature of the EU, which distinguishes it from other international organisations. Its rules and norms have force considered by many to be similar to those of a federal state; yet, throughout its history the EU sought to avoid both descriptions in its self-portrait presenting it as a ¿sui generis¿ entity.

We will discuss the context within which the integration process was started, and the many changes (legal, political, geographical) that it has gone through from 1950 until 2014. It is important to situate legal doctrine in its historical and political context and these lectures seek to do so. We will review different theories of integration and how they have been able to predict and guide -or not- integration outcomes. An awareness of these theories is important to understand why states chose to create the EEC and the reasons for subsequent Treaty changes.

Reading:
¿ Chalmers, Davies and Monti, Chapter 1

1.2. INSTITUTIONS OF THE EU

In these lectures we will look at the institutional machinery of the EU and focus on what can be seen as its ¿political process¿. It is generally recognised that there is no classical separation of powers in the EU, between the legislature, executive and judiciary. Instead, each institution exercises a combination of these roles and their powers are further blurred by the distinction between national and supranational level of government. Understanding this proves fundamental to anybody interested in practising EU law or involvement in EU politics.

The Council therefore acts as the EU¿s legislator but comprises of the representatives of Member States¿ executives. The European Parliament is elected by European citizens but the Commission, let alone the Council, is not accountable to it. The Commission is closest to the EU government but as we will see, it is largely controlled by the Members States. We will also carefully look at how the Ordinary Legislative Procedure (OLP) divides power between these institutions in the legislative process, and how EU laws are made.

These lectures will also show that the pattern of institutional competence within the EU has not remained static. It has altered both as a consequence of subsequent Treaty revisions and as a result of change in the political balance of power between the institutions over time, including through the emergence of a web of committees and institutional actors beyond the original ¿canonical¿ institutions.

Reading:
¿ Chalmers, Davies and Monti, Chapter 2

1.3. LAW-MAKING, DEMOCRATIC DEFICIT AND INSTITUTIONAL REFORM

These sessions approach the institutional question from a more normative angle. The EU is often criticised for not being democratic (enough). In this class, we will explore this question, discuss the different aspects of `democracy¿, and assess whether or not the EU indeed suffers from a democratic deficit. We will also look at possible ways to counteract this deficit, and in particular to two new mechanisms introduced by the Treaty of Lisbon: the role of National Parliaments in the `Early Warning System¿ under the Subsidiarity Protocol, and the Citizens¿ Initiative, which tries to infuse some type of participatory element in the EU¿s legislative process.

Reading:
- Chalmers, Davies and Monti, Chapter 3

1.4. AUTHORITY OF EU LAW AND NATIONAL CHALLENGES

According to the Court of Justice, EU law is an autonomous legal order that limits national sovereignty and creates rights directly which individuals can invoke in national courts. There are a number of formal implications to this and a number of wider obligations. Formally, the authority of EU has four elements: the right for EU law to determine its own right; the precedence of EU law over all national law; the right for EU law to determine when there is a conflict with national law; and the fidelity principle, the duty of all national institutions to secure the application and effectiveness of EU law.
The question raised by the previous classes is whether EU law should have this level of authority. In this respect a number of constraints have emerged in national court¿s responses (e.g., Solange doctrine of the German Constitutional Court) to the doctrines outlined by the ECJ, which has in turn led to response at the EU level.
We will examine the doctrinal understanding of the relationship between EU law and national law as well as the broader normative and political questions that an understanding of this relationship requires.
Reading:
¿ Chalmers, Davies and Monti, Chapter 5

1.5. FUNDAMENTAL RIGHTS

The EU claims to be founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights. But what is the reality? Does the EU have an autonomous notion of these values, and what role should fundamental rights play within the EU?

In these sessions we are going to discuss four issues: (a) the role of fundamental rights in the post-war European political and constitutional context, (b) the evolution of the legal system of fundamental rights protection in the EU, through the Charter of Fundamental Rights, the general principles of EU law and the European Convention on Human Rights. Other institutional initiatives in the human rights field include the establishment of a sanction mechanism for serious and persistent breaches of human rights in Article 7 TEU and the establishment of an EU Fundamental Rights Agency; (c) the question of how the EU can secure its fundamental values, which include fundamental rights, when its own Member States violate such rights; and (d) how the EU promotes its human rights and democratization policy in many countries around the world and uses human rights clauses in its international trade and development policies.

Reading:
¿ Chalmers, Davies and Monti, Chapter 6

1.6. OTHER CASES OF REGIONAL ECONOMIC INTEGRATION

The EU is the most advanced example of regional economic integration. But there are other such projects around the world that share some traits and dilemmas with the European one. In these sessions we will study NAFTA, Mercosur and ASEAN to understand their origin and development and economic and political underpinnings.

Methodology

Lectures, case studies, problem-solving

Type:	OB	Curs:	2	Period:	S semester
ECTS Credits:	4 ECTS

Description	%
Final exercise: 60% of the grade	60
Class participation and working groups memoranda: 40% of the grade	40

Regional Economic Integration: the EU and beyond (GED70159)

General information

Type:

Curs:

Period:

ECTS Credits:

Teaching Staff:

Prerequisites

Workload distribution

Course Learning Objectives

CONTENT

1. Regional Economic Integration: the EU and Beyond (first semester)

1.1. INTRO AND HISTORY OF EUROPEAN INTEGRATION

1.2. INSTITUTIONS OF THE EU

1.3. LAW-MAKING, DEMOCRATIC DEFICIT AND INSTITUTIONAL REFORM

1.4. AUTHORITY OF EU LAW AND NATIONAL CHALLENGES

1.5. FUNDAMENTAL RIGHTS

1.6. OTHER CASES OF REGIONAL ECONOMIC INTEGRATION

Methodology

ASSESSMENT

ASSESSMENT BREAKDOWN

Assessment criteria

Bibliography

Timetable and sections

Horari Sec: A

Horari Sec: B