Course: 40 hours (Additional studies of UMU)
Language: Spanish/English (some sessions will be taught in English and some in Spanish).
1. Introduction: National courts and EU Law enforcement: theories and new trends.
2. The preliminary ruling dialogue.
3. Recent cases on direct effect and primacy.
4. National courts and the effectiveness of EU law (i): ex officio application of EU Law by national judges.
5. National courts and the effectiveness of EU law (i): the res judicata principle under EU and national law.
6. The expansive force of European consumer protection legislation.
7. The adaptation of Spanish procedural law to the anti-discrimination directives: reversal of the burden of proof.
8. Article 47 Charter of Fundamental Rights and national procedures.
9. The criminal law judge in the face of EU law.
10. Conclusion: The transformative power of EU Law before national judges.
The course studies the application of EU Law by national courts, highlighting the most recent trends and dynamics, with a particular focus on Spanish national courts, which have in recent years resorted to the Court of Justice of the EU through the preliminary ruling procedure to address situations that were not adequately solved by the Spanish top courts, including the Supreme and the Constitutional Court. These initiatives have resulted in the modification of the domestic legislation to reflect the CJEU’s case-law. This course is taught by the Chair holder and team members and benefits from guest speakers for some of the sessions, including national judges, EU Commission legal service agents and practising lawyers that have already agreed to participate. The course is aimed primarily at students of the Bachelor’s Degree in Law, students of the Master’s Degree in Access to the Legal Profession or the Doctoral Programme in Law, as well as practitioners and judges who wish to complete their training in a field of growing relevance for the development of their professional activity.