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Organizado por Sebastián López Maza

Summer School on “European and Comparative Law” - 2ª edición

  • Fechas:

    Del 20/05/19 al 07/06/19

  • Lugar:

    Facultad de Derecho, Universidad Autónoma de Madrid, Madrid, España (mapa)

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PRESENTATION

The Summer School "European and Comparative Law" is a course which provides introductory knowledge of the European legal and political reality, with a special focus on key issues of current relevance or topical issues. It is addressed to foreign students interested in learning about the European legal and political reality.

 

 

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MODULE 1: Comparative Local Government in Europe (Prof. Carmen Navarro)

This course provides an overview of local government and politics in European countries and on how local democracies work. It explores the structures, functions, and politics of the government's tier closer to citizens, and examines their relations with upper levels of governments. It will give participants the foundational knowledge to understand many of the most important issues facing European local governments nowadays.

 

Students following this course will develop several skills, among others: acquiring knowledge on institutions, tasks and responsibilities of local government in Europe; recognizing national differences in decentralization processes and in forms of government; understanding the strengths and limitations local governments encounter in facing collective problems and applying concepts and theories of political science - democracy, representatives, leadership, public policies, public administration- to the local world.

 

MODULE 2: The Role of International Human Rights Courts in Multilevel Democratic Governance (Prof. Mariano Carlos Melero De La Torre)

This module is intended to be an introduction to the international human rights judiciary, exploring the two most accomplished regional examples in the world: the European System of Human Rights and the Inter-American System of Human Rights. The idea is to analyze and discuss with the students the legal and philosophical questions raised by a regional court which functions as a “watchdog” mechanism of an international human rights treaty. In particular, we will focus on the controversial role of the international human rights courts in relation to national courts (in special, constitutional courts) and parliaments of member states. We will discuss the margin of appreciation doctrine as the most common approach currently adopted to minimize the persistent tension between rights-based judicial review and democratic governance.

The module breaks down into four sessions:

·         The International Human Rights Judiciary and the Member Democratic States.

·         The European Court of Human Rights and the living instrument doctrine.

·         The Inter-American Court of Human Rights and the conventionality control.

·         The subsidiarity principle and the margin of appreciation doctrine.

Except the first session, which is introductory, all the rest sessions will have the same structure. With a break of 10’, there will be two periods of 55’ with the following stages:

-          Presentation and commentary by a small group of students on an international human rights case (20’).

-          Contrast and discussion about the case (5’).

-          Teacher’s mini-lecture with some audio-visual aids (slides and short videos) (20’).

-          Questions from the students and teacher’s evaluation of the learning outcomes (10’).

 

MODULE 3: Data protection in the European Union (Prof. Susana Sánchez Ferro)

Data Protection began to be an issue in the EU in the past 80s. The EU felt the need to regulate Data Protection in order to assure the free circulation of data inside the EU.  Simultaneously, the increase use of new technologies, led the EU to the approval of Directive 95/46/EC. There the EU established a common regulation of this issue of data protection. This norm became seminal, so did the EU Charter of Fundamental Rights. Article 8 of this Charter protects EU citizens against the illegitimate use of their data by companies and individuals. The EU has introduced a high level of protection of the right of persons to have control of their personal data. In 2018, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, came into force. It has affected not only individuals and companies inside the EU, but also companies outside the EU having as its main target the European Markets. In this module we will analyse the basic concepts regarding data protection in Europe, study the jurisprudence of the EU Court of Justice and try to go into the problems posed by data protection rules as regards individuals and third country companies.

The module will focus on:

·         History and basic concepts of data protection in the EU

·         Legitimation and quality of the Data (the new Regulation (EU) 2016/679

·         The right to be forgotten

·         Data retention and the fight against terrorism

·         Data Protection and third country Companies and Authorities

In addition, there will be a visit to a big company to see daily problems regarding data protection and their activities with third countries or a cultural visit.

 

MODULE 4: Law in a Globalized World. Reflections on Global Law (Profs. Jorge Agudo Gónzalez & Héctor Iglesias Sevillano)

Global Law constitutes a constantly evolving concept. From the early 90s academic research to the current projects involving the study global legal standards there is a permanent effort to justify both its legitimacy and the effects of these supranational rules. However, less attention has been paid to relevant concepts that have relevant consequences in the basis and traditional structure of Law. Our aim in this course is to make concepts –such as supranational rules, corporate citizen, Transnational Law, Global Law and others- available to a non-expert audience in an easy way. On the other hand, this programme raises questions about the exercise of global power and the prevalence of western public law principles, which might be particularly interesting for the Chinese audience.

 The course will develop the following 8 topics:

  1. Global power: territorial state vs. global corporations
  2. Regulating the future: private rules and democratic legitimacy.
  3. Private rules under exam: a central role for the national Judge.
  4. International arbitration as a means of control of the power of the State.
  5. Transnational Law: from the Sarbanes-Oxley Act to mutual recognition.
  6. Dialogue between tribunals as a means of globalizing principles.
  7. The hard cases: Basel III, FIFA regulations, arbitral awards and others.
  8. The future of Law: supranationality, global powers and cultural mixtures. A time for a debate.

 

MODULE 5: International and European Criminal Law (Profs. Daniel Rodríguez Horcajo "> -          Gender violence

-          Culture, religion and women’s personal autonomy

-          Reproductive rights

Planned activities:

  1. Materials on human rights theory and feminist perspective: analysis and discussion
  2. Case study: analysis of the ECHR decisions from both the human rights and the gender perspectives.
  3. The European Convention on Human Rights: interpretation and beyond.

 

 

 

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