Identifying Data 2023/24
Subject (*) Constitution and Judiciary Code 612G01014
Study programme
Grao en Dereito
Descriptors Cycle Period Year Type Credits
First and Second Cycle 1st four-month period
Second Obligatory 6
Language
Spanish
Galician
English
Teaching method Face-to-face
Prerequisites
Department Dereito Público
Coordinador
Neira Pena, Ana
E-mail
ana.neira@udc.es
Lecturers
Anguita Juega, Luis
Camara Ruiz, Juan
Neira Pena, Ana
E-mail
luis.anguita.juega@udc.es
juan.camara@udc.es
ana.neira@udc.es
Web http://moodle.udc.es/
General description A docencia que se imparte nesta materia procura principalmente a adquisición polo estudantado dun coñecemento básico sobre a Constitución e o Poder Xudicial. Concretamente: a) os principios constitucionais relativos ao Poder Xudicial, á súa organización e o exercicio da función xurisdiccional; b) A tutela xudicial efectiva; c) O fenómeno do proceso; d) os tribunais con xurisdición en España e a súa competencia; e) As profesións que interveñen na Administración de Xustiza e as súas funcións f) Os dereitos fundamentais de natureza procesual; g) Os principios procesuais e a súa incidencia nas distintas clases de procesos; h) Os actos procesuais e a súa eficacia; i) As principais leis procesuais.

Study programme competencies
Code Study programme competences
A1 Knowledge of the main legal institutions
A2 Knowledge of the role of law as a regulatory system of social relations
A3 Grasping the systematic nature of the legal system
A5 Knowing the constitutional principles and values.
A7 Knowing the national and international legal and political structures.
A8 Basic knowledge of legal argumentation.
A9 Ability to handle legal sources (legal, jurisprudential and doctrinal).
A10 Ability to interpret and critically assess the legal system.
A11 Ability to understand and write legal documents.
A12 Management of legal oratory (ability to express themselves properly in public).
A13 Mastering new technologies applied to law.
A14 Ability to draft legal norms.
A15 Ability to negotiate and mediate.
B2 Ability to know how to apply their knowledge to their work or vocation in a professional way and possess the skills that are usually demonstrated through the elaboration and defense of arguments and the resolution of problems within their area of study.
B3 Ability to gather and interpret relevant data (usually within their area of study) to make judgments that include a reflection on social, scientific or ethical relevant issues.
B5 Acquisition and assessment of those learning skills necessary to undertake further studies with a high degree of autonomy
B6 Learning to learn.
B8 Critical, logical, and creative thinking.
B9 Working autonomously on own initiative with a lifelong learning approach.
B10 Teamwork and collaboration.
B11 Ethical and social responsibility.
B12 Effective workplace communication and oral and written skills in Spanish, Galician and foreign languages.
B13 Computing and ICT skills.
C1 Adequate oral and written expression in the official languages.
C3 Using ICT in working contexts and lifelong learning.
C4 Exercising an open, educated, critical, committed, democratic and supportive citizenship for the sake of the common good.
C6 Critically assess the knowledge, technology and information available to solve the problems they face.
C7 Assume as a professional and citizen the importance of lifelong learning.

Learning aims
Learning outcomes Study programme competences
Knowledge of the main legal institutions. Know the function of Law as a regulatory system of social relations. Knowledge of constitutional principles and values. Basic knowledge of legal argumentation. Ability to manage legal sources (legal, jurisprudential and doctrinal). Ability to critically interpret and analyze the legal system. Ability to understand and write legal documents. Management of legal oratory (ability to express yourself appropriately in public). Management of new technologies applied to law. Standards-making capacity. Negotiation and mediation skills. Apply critical, logical and creative thinking, also understanding the importance of entrepreneurial culture. Work collaboratively. Work autonomously in the resolution of cases. Present, both in writing and orally, the conclusions of the exposed matter, as well as the conclusions of solved cases. Use the basic tools of information and communication technologies (ICT) necessary for the exercise of the legal profession and for lifelong learning. Prepare for the exercise of an open, educated, critical, committed, democratic and supportive citizenship, capable of analyzing reality, diagnosing problems, formulating and implementing solutions based on knowledge and aimed at the common good. A1
A2
A3
A5
A7
A8
A9
A10
A11
A12
A13
A14
A15
B6
B8
B9
B10
B11
B12
B13
B2
B3
B5
C1
C3
C4
C6
C7

Contents
Topic Sub-topic
Constitution and the Judiciary. 1.- Procedural Law
2.- Jurisdiction. Concept and characters
3.- Extent and limits of jurisdiction.
4.- The ordinary judge predetermined by law
5.- State judicial bodies
Courts and tribunals not forming part of the Judiciary.
7.- The government of the Judiciary
8.- Jurisdictional personnel and staff in the service of the administration of justice.
9.- The action and effective judicial protection.
10.- The right to free legal assistance
11.- The process. The principles of the process
12.- The procedural acts


Planning
Methodologies / tests Competencies Ordinary class hours Student’s personal work hours Total hours
Guest lecture / keynote speech A1 A3 A5 A7 A8 A12 B6 B11 B12 B3 B5 C4 C6 C7 40 40 80
Objective test A1 A2 A3 A5 A7 A9 A10 B6 B8 B9 B2 C1 2 0 2
Supervised projects A9 A10 A11 A13 A14 A15 B6 B9 B10 B13 C1 C3 15 45 60
 
Personalized attention 8 0 8
 
(*)The information in the planning table is for guidance only and does not take into account the heterogeneity of the students.

Methodologies
Methodologies Description
Guest lecture / keynote speech The face-to-face classes are developed from theoretical sessions based on the master lesson. Then other techniques are used such as guided discussions or oral presentations
Objective test Students will take a final exam at the end of the semester, in order to asses how much they have learned about the contents of the course.
Supervised projects The preparation of this porojects by the students is intended to introduce them to the research technique and to develop skills for autonomous learning. Professors will propose these projects for the autonomous preparation of the students, and they will work on them toghether with the students within interactive classes.

Personalized attention
Methodologies
Supervised projects
Guest lecture / keynote speech
Objective test
Description
Tutorials are important for the correct progress of the subject, resolving doubts about the contents explained by the lecturers throughout the course.

For the elaboration of the oral presentation of the research work and for the resolution of the cases, tutorials are recommended for the supervision and resolution of doubts.

It is also advisable to consult and ask for advice from the teaching staff when taking the objective test.

Assessment
Methodologies Competencies Description Qualification
Supervised projects A9 A10 A11 A13 A14 A15 B6 B9 B10 B13 C1 C3 During the course the professors will propose differents activities and the will evaluate them. The students must prepare them autonomously and present them at the indicated deadlines. The assesment will consider the quality, interest, rigour, as well as the active participation of the students during the classes.
In the case that plagiarism is detected, the qualification of the activities will be 0 points.
35
Objective test A1 A2 A3 A5 A7 A9 A10 B6 B8 B9 B2 C1 The objective test will be a multiple-choice test, to evaluate the contents of the course. 65
 
Assessment comments

In order to pass the course it will be an essential requirement to pass the objective test. The resulting grade will be used to weight the average with the rest of the scores.
If the objective test is not passed, the final grade that will appear in the transcript will be the one obtained in the objective test.

For the second opportunity, the grades of the continuous assessment obtained during the course will be kept, which will be computed for the grade together with the objective test, which will have the same characteristics as in the first opportunity. 

The grade of part-time students with recognized academic dispensation of attendance will be calculated only on the score of the objective test, as well as the work that may be specifically assigned to these students. 

In case of detection of plagiarism in the work submitted or of work using artificial intelligence tools, the subject will be suspended in the ordinary exam, with a grade of failure (numerical grade 0).


Sources of information
Basic

Bibliografía básica:

- ORTELLS RAMOS, Manuel (Dir.). Introducción al Derecho Procesal, 10ª edición; Ed. Aranzadi, 2020.

- PÉREZ-CRUZ MARTÍN, Agustín-Jesús. Constitución y Poder Judicial, 2ª edición, Ed. Atelier, 2015.

- Lei Orgánica 6/1985 do Poder Xudicial e leis complementarias. Dispoñíbel en varias editoriais: Tecnos, Civitas, Aranzadi, etc.

Complementary

Further reading:

- SANCHÍS CRESPO, Carolina. Derecho procesal I. Jurisdicción, acción y proceso. Ed. Aranzadi. 2021.

- GIMENO SENDRA, Vicente. Introducción al Derecho Procesal,Tirant Lo Blanch, 2020.

- NIEVA FENOLL, Jordi. Derecho procesal I. Introducción , 2ª edición, Ed. Tirant Lo Blanch, 2019.

- ASENCIO MELLADO, J.M., Introducción al Derecho Procesal, Tirant Lo Blanch, Valencia, 2019.

Web resources:

http://www.poderjudicial.es/cgpj/en/Judiciary/General-Council-of-the-Judiciary/

https://www.tribunalconstitucional.es/en/Paginas/default.aspx

UDC LIBRARY: http://www.udc.es/biblioteca/

BOE: http://www.boe.es/

DOGA: http://www.xunta.es/dog/

DATABASE ARANZADI: http://www.westlaw.es/westlaw/


Recommendations
Subjects that it is recommended to have taken before

Subjects that are recommended to be taken simultaneously

Subjects that continue the syllabus

Other comments

In the development of this subject, a sustainable use of resources should be encouraged, aimed at preventing negative impacts on the natural environment, encouraging the submission of work by virtual means or, when it has to be printed, on recycled paper and double-sided.

As stated in the different regulations applicable to university teaching, the gender perspective must be incorporated into this subject. This implies that non-sexist language will be used both in the work presented by the students and in the materials produced by the teaching staff, bibliography of authors of both sexes will be used, the intervention in class of male and female students will be encouraged, among other aspects. Likewise, work will be done to identify and modify sexist prejudices and attitudes, as well as situations of gender discrimination, and actions and measures will be proposed to correct them.



(*)The teaching guide is the document in which the URV publishes the information about all its courses. It is a public document and cannot be modified. Only in exceptional cases can it be revised by the competent agent or duly revised so that it is in line with current legislation.