Gov er n m en t ( C 4 1 ) E u r op ea n La w a n d · 2020-06-24 · E s c u e l a C o m p l u t e...

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Escuela Complutense de Verano European Law and Government (C41) Online Specialization Course 6-24 July 2020 16:00 – 21:00 CET (Berlin/London/Madrid)

Transcript of Gov er n m en t ( C 4 1 ) E u r op ea n La w a n d · 2020-06-24 · E s c u e l a C o m p l u t e...

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Escuela Complutense de Verano

European Law andGovernment (C41)

Online Specialization Course

6-24 July 202016:00 – 21:00 CET(Berlin/London/Madrid)

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Course Overview

The Coronavirus pandemic has brought anunprecedented health crisis full ofuncertainties. The response to this crisis andto the resulting economic struggles are sureto test the legitimacy, relevance and viability ofall European Union's (EU) institutions. TheEuropean financial crisis of a decade agoexposed that the EU is a monetary unionwithout a common fiscal policy, ripe withinequalities among Member states. Theinstitutional response to the crisis led toa  crisis in both popularity and legitimacy ofthe Union, particularly among the Memberstates that suffered the brunt of the crisis andunderscoring the incompleteness of theEuropean Integration project. Whenthousands upon thousands of people fled tothe EU seeking refuge from poverty and war,the resulting migratory crisis exposed the lack of solidarity among Member states and revealed underlying tensions in the EuropeanCommon project. The rise of illiberalism from within the EU, in devolving democraciessuch as Hungary and Poland, has led to a crisis in the European rule of law that hasshown that the Union has few tools to combat threats to fundamental rights anddemocracy that come from within. The Brexit crisis, that resulted from the decision of theUnited Kingdom to leave the EU has led the other 27 Member States to contend with anuncharted territory that has strained the competences and legal boundaries of itsinstitutions. All of these crises are being navigated in a context of rising Euro-skepticismand far-right populism inside EU Member states that raise questions about the viabilityof the very project of the EU, the commitment of its Member States, the vitality andstrength of the EU institutions and challenged previous understandings of EU Law andhighlighted the limitations of the Acquis Communautaire.

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Other parts of the world (Latin America, Asia, Africa) are no stranger to political,economic and migratory crises of their own. These regions are also contendingwith the rise of populism and extremism, and of course must continue to navigatethe COVID-19 crisis and its aftermath. Approaching the study of the EU can be avaluable experience in order to learn from the good experiences and the bad,from the strengths of the Union and its body of laws as well as from itsshortcomings. Knowledge of the Union can also serve to illuminate the complexityof the relationship of the EU with Latin America, an important trade partner,because the EU is setting itself as one of the most important regulators of theInternet and digital technologies. The frontierless nature of the online world .

But a EU in crisis also makes for an exciting andinteresting time to approach the study ofthe  EU, its laws and institutions. Despite all thetroubles and disappointments, there is still astrong commitment to the common Europeanproject and the sense of optimism that leads tobelieve that the EU can survive these  crises.After all, the EU is a project like no other in  dd

history, with a scale of integration among nations never before seen in history andthat has brought unprecedented peace and economic prosperity to the regiontogether with a commitment to democratic values and to the protection offundamental rights. There is much to learn from that journey. As the multiplechallenges serve to highlight, the EU is a complex legal entity in which EU law,European Human Rights Law and the national constitutional laws of the MemberStates all pull in different directions that generate inevitable tensions, and yet, theUnion has managed to exist for over 60 years, grow to a maximum of 28 MemberStates, integrate into a single market, a customs and trade  union, a currencyunion, a borderless travel zone and has gradually deepened into a political unionthat even includes a bill of fundamental rights for all EU citizens. This could nothave been so without a complex web of international treaties, laws andregulations, and beginning to understand such complexity through this course willbe undoubtedly interesting, challenging and rewarding.

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Course Overview

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Course Overview

means that the application of EU human rightslaw will have influence all over the world,including Latin America, as highlighted by therecent examples of the GDPR and the right tobe forgotten. This is an example of thecommitment of the EU to advance its normsand values worldwide, and the course canprovide the tools to understand how EU lawinteracts with other legal systems and howLatin American countries are adapting theirnorms in the face of this development.Furthermore, since the EU represents anadvanced model of supranational integrationwith a strong commitment to fundamentalrights, it serves as a model for normativedevelopments in the protection of humanrights in other regions of the world. Studyingthe EU fundamental rights protection systemcan provide an understanding of how humanrights protection is evolving in Latin Americancountries. Finally, if the coronavirus crisis hasshown us anything so far, is that the worldneeds more unified responses that can helpnavigate global crises in which coordinationamong nations and an understanding of thelegal complexities of all major geopoliticalactors will be key.

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The course is addressed to all of those interested in knowing about thefunctioning of the EU, the EU Law, Government, Institutions, and Policies.The course will be particularly thought-provoking for those interested inLaw, Economics, Journalism, Political and Social Sciences, and LaborSciences. Participants will gain an understanding of EU Law andGovernment that in turn will enable them to improve their knowledge ofthe EU and its 27 Member states. The EU represents and advancedmodel of protection of Fundamental Rights and the course helpsunderstand the most important aspects of a model that is being used asthe basis for legislative development of fundamental rights in theAmericas. Finally, since the EU is actively pursuing the global applicationof its norms and values, particularly in the areas of trade, digital servicesand the online world, the course provides tools to understand how EUlaw affects other legal system and how other countries are adapting theirnorms in the face of this development.

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Student Profile

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Objectives

Obtain general knowledge about EU Law, Government andadministration, and the dimensions of the EU as a global actor.Analyze how the EU functions both as a block through its maininstitutions, the European Commission, the Parliament, the Council ofthe European Union and the European Council and in therelationships between its member states. Participants will also be ableto think critically about the EU’s role in the context of geopoliticalinterests and its relationships with the world’s biggest economies, thedeveloping world and itself, especially in light of its most recentEuropean and global crises, including Brexit and COVID19.

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Introduce the judicial procedure before the EU Court of Justice andbefore national courts that help ensure the uniform application of EUlaw. Learn about the most relevant cases to date, both those thattrace the Union from its origins as an economic union and itsdevelopment into a  quasi-constitutional market economy that aspiresto guarantee the fundamental rights of EU citizens and those thatillustrate how the courts attempt to navigate the legitimacy,jurisdictional and competency challenges the EU faces today.

Learn about the evolution of the EU system of protection offundamental rights and the relations between the EU Court of Justiceand the European Court of Human Rights. Analyze the most relevantcases that deal with the protection of fundamental rights in the singlemarket, internal and external disruptions such as the devolution ofdemocracy in some EU Member states, the Internet and digitaltechnologies, Brexit and extract learnings that can be applied to theCOVID19 global crisis and its economic fallout.

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Obtain tools to identify the sources of EU Law in primary andsecondary legislation, and to think critically about the principles thatgovern the interactions between EU Law and the national laws of itsMember states, particularly from the point of view of the limitations ofthe Treaties of the EU, challenges in competences and jurisdiction andvis-à-vis the democratic deficit of the Union.

A basic overview of other forms of political and legal integration, suchas the new USMCA (former NAFTA), MERCOSUR, Pacto Andino, etc.that will allow participants to compare their structure and evolutionwith that of the EU in ways that allow identifying their strengths,drawbacks and limitations and avenues for improvement andconsolidation. Explore how EU institutions such as the EuropeanCouncil, the High Representative of the Union for Foreign Affairs andSecurity Policy and the European External Action Service interact withinternational and transnational organizations, including those in LatinAmerica.

Provide participants with practical training to access and navigatethrough EU professional information.

Objectives

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State crisis and of the concept of sovereignty facing globalization Social or liberal globalization, is another world possible? Manifestations of globalization and internationalization at the globalarena: UN, GATT, CFI, WTO, etc. Manifestations of globalization and internationalization in the LatinAmerica regional area: ALCA, ALBA, TLCAN, OEA, Pacto Andino,MERCOSUR, etc. Manifestations of globalization and internationalization in theEuropean regional area: Council of Europe, OECD, EFTA, etc

Globalization and legal and political integration: From the International Treaties to Common Regional Projects

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Historic Evolution European Integration process: From Genesis tothe Creation of the European communitiesThe Deepening of the Integration process: 1958-1969, 1970-1985,1986-1993, 1994-2004.The Integration Process Today: from the Treaty Establishing aConstitution for Europe to the Lisbon Treaty. The Objectives of the European Union: From the Single Market tothe Protection of Fundamental Rights and the Expansion of theEuropean Model.

Genesis and history of the European Union: Communities, Integration and Shared Values

Syllabus

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Syllabus

The powers of the EUThe means of action of the EUGovernmental Structure of the EU: the European Council, theCouncil, the Commission and the European ParliamentThe Democratic Deficit of the EU

Sources: primary law (Treaties and annexed protocols); secondary law(binding legislation, general principles of Union Law, atypical acts andsoft law) CJEU case-law (Johnston, Grimaldi)Conferral of competences: Judgements CJEU 22/70 (31.3.1971)Commission v. Council (AETR  effect)

EU government and Decision-Making: Powers, Institutions and Democratic Challenges of the Union

EU legal sources: From the Treaties to the Courts

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Interaction between EU Law and National Law:harmonization, legal certainty and the reception of EU Law at theMember State level

Direct effect of European Law; Judgement CJEU 26/62 (05.02.1993)Van Gend & Loos; C-106/89 (13.11.1990) Marleasing; C-91/92(14.07.1994)Precedence of European Law: Judgements CJEU 6/64 (15.07.1964)Flaminio Costa; 11/70 (17.12.1970) InternationaleHandelsgesellschaft; 106/77 (09.03.1978) Simmenthal

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Syllabus

Legal certainty in the integration of European Law: Judgement CJEU167/73 (04.04.1974) Commission v. FranceMember State’s liability for the infringement of European Law:Judgements CJEU C-6 and 9/90 (19.11.1991); C-46 and 48/93(05.03.1996) Brasserie du Pêcheur and FactortameNational Courts’ role in the interaction between legal orders (specialreference to Constitutional Courts)

The Court of Justice of the EU: composition, functioning andcompetencesThe dialogue between the European judge and the national judge:the preliminary rulings (Judgements CJEU 283/81 (6.10.1982) CILFIT;314/85 (22.10.1987) FOTO-FROST)

The Union’s judicial system: Dialectic interactions, interpretationsand the limits of the Court

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Direct and indirect proceedings against an institution, body, office oragency of the EU: actions for annulment; actions for failure to act;questions of validity raised before a national court or tribunal; plea ofillegality; judicial control of international agreements; actions fordamagesProceedings against a Member State: action for failure to fulfill anobligation; the indirect control through the preliminary ruling forinterpretation

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Syllabus

Economic and Fiscal Policies at EU and Member States levelsMonetary Policy; the European Central Bank and the EuropeanSystem of Central BanksEnvironmental PoliciesCommon Commercial Policy and Competition PolicyCommon Foreign and Security Policy and Common Security andDefense policy

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EU policies: A Common Project at Diffferent Speeds?

Human Rights and Fundamental RightsGenesis and Evolution of Fundamental Rights: from the foundingTreaties to the Treaty of LisbonThe Court of Justice’s contribution in the Protection of FundamentalRights in  the EUThe Charter of Fundamental Rights: content, applicability andjustifiabilityThe Council of Europe Fundamental Rights Protection System

The European Fundamental Rights Protection System the Dialoguebetween the EU and Council of Europe

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Syllabus

From Local to Global: The Jurisdictional Challenges of European Lawin a Borderless Digital WorldFreedom of Expression Regardless of Frontiers: The ExtraterritorialProtection of a Unharmonized Rights OnlineThe Privatization of Freedom of Expression: How EU Law Deputizesthe Protection of Fundamental Rights OnlineThe Right to be Forgotten: How European Fundamental Rights areShaping Digital Human Rights in Latin AmericaDigital Colonialism? The Perils of EU Fundamental Rights with aGlobal Reach and the threats of Standardization

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The Long Arm of EU Law: The Regulation of the Digital World andthe Global Expansion of European Norms and Values

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Practice-based Activities

Schedule

Use of databases of the EU (EUR-Lex, Curia) and the Council of Europe(HUDOC)Case Studies on EU policies and actions: COVID-19 response,  EIB GuaranteeFund for Workers and Businesses; EU Multiannual Financial Framework for theEU, Asylum under the Common European Asylum System (CEAS), etc.Case Studies on EU membership: Enlargement and SIGMA (IPA & ENPI)program, Brexit and article 50 TEU activation, serious breach of EU values andarticle 50 TEU initiation, etc.Case Studies on Citizens rights protection: Violation of EU fundamental rights,Implementation of article 7 TEU against offending Member States, Freedom ofExpression and Protection against harm on Social Media, Protection ofPersonal Data and Privacy of Citizens, etc.Practicum about Legal and Political procedures such as the Ordinary LegislativeProcedure, the European Citizen's Initiative or effective lobbying at Brussels

July 6-24, 202016:00 – 21:00

Central European Time(Berlin/London/Madrid)

Sessions will be held

through virtual campus

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Jose M. Martinez-Sierra  (Director)  is Jean Monnet adpersonam Professor for the Study of EU Law and Governmentand the Real Colegio Complutense Director. He is also a TenuredProfessor on Constitutional Law at Complutense Law Schoolsince 2013 (currently on leave) where he also was a Jean MonnetProfessor in European Constitutional Law. Jose Manuel hasserved in a number of roles in international and nationalexecutive boards and advisory positions in education, researchand innovation. As a knowledge manager, he has led andparticipated in several  international policies and projectnegotiations and implementations in over 50 countries andinternational organizations.

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Faculty

Jan Wouters is Full Professor of International Law andInternational Organizations, Jean Monnet Chair ad personam EUand Global Governance, and founding Director of the Institute forInternational Law and of the Leuven Centre for GlobalGovernance Studies. He is also President of KU Leuven’s Councilfor International Policy. He has published widely on internationaland EU law, international organizations, global governance, andcorporate and financial law, including 70 books, 130 journalarticles and 200 chapters in international books. His most recentbooks include Commercial Uses of Space and Space Tourism (2017),The Commons and a New Global Governance (2018), EU HumanRights and Democratization Policies (2018), International Law: aEuropean Perspective (2018), and The G7, Anti-Globalism and theGovernance of Globalization (2018). Prof. Wouters is thecoordinator of a large Horizon 2020 Project, RECONNECT(“Reconnecting Europe with its Citizens through Democracy andRule of Law”, 2018-2022).

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FacultyJeff Kenner is a Professor of European Law at the Faculty ofSocial Sciences of the University of Nottingham and Chair ofEuropean Law and a Vice President of the Global Campus ofHuman Rights, Venice. He is an expert in the fields of EU law,employment law and, social rights. Professor Kenner's latestbook is Precarious Work: The Challenge for Labour Law in Europe(2019). Other books include Core and Contingent Work in theEuropean Union (2017), The EU Charter of Fundamental Rights: ACommentary (2014, new edition, 2020), European UnionLegislation (editor from 2009-2013), and  EU Employment Law(2003). He has authored over 50 journal articles and bookchapters. He is on the editorial board of the European HumanRights Law Review. Professor Kenner has provided expertadvice to the EU Fundamental Rights Agency and the EuropeanCommission. He has been a Visiting Professor at ColumbiaUniversity, New York City, and the University of Oxford.

María C. Latorre is Professor and Vice Dean for Research,Postgraduate Studies and International Affairs at the Facultadde Estudios Estadísticos at Universidad Complutense deMadrid. She is currently a member of the group of experts ininternational trade of the European Commission and co-chairof the research group in Data Science at   Real ColegioComplutense. Her areas of expertise include holistic analysesof the impact of trade, Foreign Direct Investment and ofMultinationals’ operations. Her models incorporate bothmicro and macroeconomic variables in a frameworktechnically known as computable general equilibrium (CGE)modeling. She has published in academic journals such asWorld Development, The World Economy, Economic Policyand Economic Modelling, Journal of Trade Policy and Law,among others. She has conducted consulting projects for theWorld Bank and the Spanish Ministry of Economics andCompetitiveness. Maria has been a Research Scholar at theCenter for International Development at the Harvard KennedySchool and at Real Colegio Complutense. She has also heldother research visiting positions in the CEPII, the USInternational Trade Commission, and the University ofNottingham.

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Faculty

Elvis García is a Doctor of Public Health from HarvardUniversity and a professor at Harvard Graduate School ofDesign where he teaches a course on public health andepidemics. He has worked for a decade in humanitarianresponse to emergencies with Doctors Without Borders and instudying pandemics for the Gates Foundation and haspublished about the topic. Through his field experience, hedeveloped a growing interest in the governance mechanismsthat rule the global health system as well as the role of theprivate sector in public health crises, with the idea to improvelocal resilience and reduce the likelihood of public healthemergencies and epidemics. Currently, he is also responsiblefor Access to Medicines strategies at Takeda Vaccines. Elvisholds Master's degrees in several disciplines like engineering,architecture, political science, and public health from differentuniversities in Spain and the United States.

Álvaro Renedo Zalba is the Rafael del Pino-Ministry ofForeign Affairs of Spain Fellow, at the Harvard KennedySchool (Belfer Center for Science and InternationalAffairs, Project on Europe and the TransatlanticRelationship). He is also a Fellow at the Real ColegioComplutense at Harvard University.  A Spanish careerdiplomat, he served as Director of the Department ofEuropean Affairs and G20  in  the Presidency of theGovernment of Spain from 2016-2018 and as the Sous-Sherpa of Spain,  both  in  the EU and the G20. Prior tothat, he held different positions in the field of EU affairsand G20, in  the President's Office and  the Ministry ofForeign Affairs. He is also an academic and was AdjunctProfessor  at   the Universidad Complutense de Madrid(Department of Public  International Law andInternational Relations) from 2014-2016.

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Faculty

Rodrigo Cetina Presuel is the Executive Director of the RealColegio Complutense (RCC) at Harvard and a Researcher atthe Institute for Global Law and Policy of the Harvard LawSchool. He is the co-Vice Chair of the Law Section of theInternational Association for Media and CommunicationResearch and has recently been named the United StatesEast Coast Ambassador for that same organization. He holdsa PhD in Communication Law and Policy from theComplutense University of Madrid, a Master’s in InternationalLaw from Instituto de Estudios Bursátiles/Instituto Superiorde Derecho y Economía, in Madrid, and holds a Bachelor’s inLaw from Marist University in Mexico.

Jose Ángel Camisón Yagüe  is Associate Professor ofConstitutional Law at the University of Alicante (tenured) Withmore than ten years of teaching experience in differentUniversities (Alcalá de Henares, UCM, UEx, UMSA Bolivia,Joensuu-Findland, U. of Iceland) his main research lines areConstitutional Law of the EU, globalization and regional law.Jose Ángel has wide research experience, with more thanthirty scientific publications. He has participated in more than12 research projects, national and European, and in differentscientific conferences and congress at the national andinternational levels.

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FacultyJuan Carlos Coloma López  holds a Masters of AppliedScience in Supply Chain Management from theMassachusetts Institute of Technology (MIT), as well as aBachelor’s and Master's degrees in Industrial Engineeringfrom Universidad Politécnica de Madrid (UPM). He has overten years of experience in Supply Chain Management,Procurement, and Digital Transformation within theRetail  Industry. Currently, he is the PMO and DigitalTransformation Senior Manager at El Corte Inglés, and he isthe coordinator of the Blockchain and Fintech Study group atthe Real Colegio Complutense and his research interestsinclude studying how cutting-edge technologies are shapingthe way we do and understand business today, or howtechnologies will shape the realities of commerce in the EU,the United States, and Worldwide.

David Pascual Ezama is a Professor at the School ofEconomics and Management at the ComplutenseUniversity of Madrid. He is  interested in Behavioral andExperimental Accounting and Behavioral andExperimental Economics.  His studies in Behavioral andExperimental Economics focus on dishonesty, morality,and ethics and how incentives affect dishonesty.His  studies in Behavioral and Experimental Accountingfocus on the role of the accounting information inindividual investors’ decision making and the prediction ofbankruptcy based on accounting, financial and auditinformation, and how the audit decision-making could beaffected by different external variables. He has recentlyexpanded his research interests to the neuro-economicsof decision-making. He  was a Harvard RCC ResearchFellow at the Harvard Business School in 2011. He isa member of the Neuroeconomic Lab at MIT since 2011and worked, as a Fulbright Scholar with professor DrazenPrelec in 2018.  He was a RCC Research Fellow inacademic year 2018-2019 collaborating with Prof. LeslieJohn at the Harvard Business School.

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Faculty

Melina Sánchez Montañés holds a Master’s in PublicAdministration from Harvard Kennedy School and a Master’sin Business Administration from Tuck School of Business atDartmouth. She is the Co-Founder and Chair of EuropeanHorizons, the only student-led policy incubator in the world,which aims to give the youth a voice in shaping the future ofEurope and of transatlantic relations. Melina explores theintersection of social impact, emerging technologies andfinance through her work and research. She is currently animpact tech investor and has worked with leading venturecapital firms and startups in the U.S., Israel and Europe. Inthe past, Melina also worked for the European, Spanish andFrench administrations, which included the design of civictechnology projects for the public sector. Melina holds aBachelor’s from Yale University.

Rafael Rubio Núñez is an Associate Professor andDirector of the Research Group on Technology andDemocracy at Complutense University and the Universityof Navarra. He has been a visiting researcher atGeorgetown University, Harvard University, GeorgeWashington University, Scuola Superiore Sant ́Anna andDublin City University; He has published extesively onpolitical participation, electoral processes, politicalcommunication and lobbying. He has been acommunication advisor for several internationalorganizations, governments, political parties and otherinstitutions including the Inter-American DevelopmentBank, the OAS, the Ministry of Foreign Affairs of Peru, theMinistry of Foreign Affairs of Spain, the Community ofMadrid, the Presidency of the Spanish Government andthe European Commission, in the regulation of theEuropean Citizen Initiative. He has been deputy director ofthe Center for Political and Constitutional Studies of theSpanish Government.

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Faculty

Covadonga Ferrer Martín de Vidales (Coordinator) is aConstitutional Law Associate Professor at theComplutense University of Madrid (tenure track). She hasa Ph.D. in Law (Doctor Europaeus) and a BA in Law fromthe UCM, both with Extraordinary Award. Currently, sheteaches EU law in the Law Degree and Coordinates theOfficial Master’s Degree in Parliamentary Law, Electionsand Legislative Studies of the Department ofConstitutional Law and the Parliamentary Law Institute ofthe UCM, and the LLM Program in Law of the NewTechnologies. Covadonga has participated in differentresearch groups, at the national and European levels, aswell as in educational innovation projects financed by theUCM.

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Tuition 780 €

Financial AidTuition aid is available through a 30% discount in tuition for

all those that request it. Total tuition cost with applied tuition

aid is 546 € (down from 780 €). Tuition aid is first-come, first-

served but students must apply by June 21, 2020.

E-mail [email protected]

Phone numbers + 34 91 394 (8408) /

(8405) / (8406) / (6480) / (8404)

WhatsApp + 34 646 237 713

Enrollment process

E-mail [email protected]

Phone number + 34 913 946 392

Academic information

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Enrollment Apply Online until 21 June 2020

Create an account and apply for a course

https://www.ucm.es/escuelacomplutense/matricula

Coordination [email protected]

Contact us

More info: https://www.ucm.es/escuelacomplutense/condiciones-generales-de-matricula