This course is aimed at offering an specialized approach to the interface between European Law and domestic law from the point of view of the application and interpretation by the Spanish courts and judges, focusing not only on the theoretical formulation of the autonomous involvement in implementing European Union Law, but also on the existing problems related to its practical application.
Special relevance will be attached to the principles governing this relationship, such as supremacy and direct effect.
Emphasis will be placed on the influence of the novelties deriving from the entry into force of the Lisbon Treaty in our case-law.
THE COURSE IN ITS CONTEXT
Extensive knowledge of the EU Law system is fundamental within the framework of the Official Master's Degree on the European Union (specialization in Law). It is a basic premise to understanding how EU law is created.
Within the framework of the European system, the case-law has been of substantial influence in the creation of the main concepts of this legal system. Through the preliminary rulings, by which national judges send questions of interpretation and validity to the European Court of Justice, this institution has developed a huge “acquis” of principles and rules, not only procedural but also substantive ones.
At the same time, taking into account that national judges are required to act as a european ones, the interpretation of european rules by domestic courts are also subjet of the analisys.
Sufficient capacity to understand that case-law will be required to the students. In order to help them to acquire these skills, we will include in the teaching methodology the orientation of the contents, methods and research techniques towards the elaboration of work in accordance with the lines of the Master programme and the bibliographical and jurisprudential material related to the subject of study.
