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Lecturer(s)
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Šišková Naděžda, doc. et doc. JUDr. Ph.D.
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Hamuľák Ondrej, JUDr. Ph.D.
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Stehlík Václav, doc. JUDr. LL.M., Ph.D.
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Course content
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Lectures 1. Introduction to the course - content and methodology 2. Constitutional Evolution of the EU - Historical Developments of the European Integration from the Legal Perspective. 3. Division on Competences between European Union and Member States. 4. European Parliament and European Commission, European Council and Council 5. System of EU Law - structure, sources, hierarchy 6. The Secondary Law of the European Union and other sources 7. The Internal Effects of the European Union Law within National Legal Orders -Direct Effect and Indirect Effect of EU Law 8. The Separation of Powers at the Supranational Level - Institutions of the EU in General 9. Relation between EU law and National Law - Principle of Primacy of EU Law 10. Primacy Model vs. Trigger Model - Substitutive, Pre-emptive and Exclusionary Effects of EU Law 11. Judicial system of the EU - General Introduction 12. Direct Actions before Union Courts - Infringements, Review of Legality, Failure to Act 13. Preliminary Ruling Procedure Seminars: 1. Constitutional Character of the EU - values, aims, principles 2. Relation between Member States and EU and Building of Proto-Federal Society 3. Civis Europeus Sum - Forming the Chain between Individual and the EU 4. Protection of Fundamental Rights within the EU 5. Horizontal Division of Powers within the EU - The Internal Institutional 6. Structure and Sources of EU Law 7. Internal Effects of EU Law - the Principle of Direct Effect 8. The Dominance of EU Law - the Principle of Primacy 9. The Indirect Effect EU law 10. The Price for the Non-conformity - Principle of Member State's Liability for Damages Caused by 11. Judicial Control over the Member States - the Infringement Actions 12. Judicial Review of Validity of EU norms - the Action for Annulment, the Preliminary Ruling and the Validity Review, plea of Illegality 13. Preliminary ruling procedure
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training)
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Learning outcomes
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The general course will focus on the constitutional core of the EU. It will offer an inside view of the main principles for building the EU constitutionality. It will put emphasis on the understanding of the normative constitutionalism within the EU which is built on the evaluation of its functional parts and not only on the static description of the system. The course will reflect the views of autonomous EU constitutional theory (normative, democratic and liberal constitutionalism features in the EU) as well as the most recent developments, e.g. post-Lisbon system of division of powers between the EU and MS and its control, enhanced role of individuals/EU citizens, new governance tools, democratic representation in the decision making processes, legal force of EU Charter of fundamental rights etc. The emphasis within this course will be put on the evaluation of the core questions: who forms the essential constituent part of the EU legal model and what roles are given to the elementary players; how the EU law reached its effects and what arguments lies behind the introduction of its autonomy, self-enforceability and dominance in the legal practice; how legitimacy and rule of law is protected and enhanced within EU legal system.
Students who have completed this course will gain the knowledge necessary to understand the main principles of the EU functioning and the interference of the EC/EU law within the national law. Gained skills will be useful for correct application of the European law during their legal practice.
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Prerequisites
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Passing of this course is not conditional upon passing any other course.
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Assessment methods and criteria
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Mark
In order to finish the course, active participation in seminars and successful passing of final exam (in combined form) is required. Study of relevant case-law and course reading materials is the required part of the preparation for the seminars.
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Recommended literature
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Arnull, A. (eds):. A Constitutional Order of States? Essays in EU Law in Honour of Alan.
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Barents. (2004). The Autonomy of Community Law. Hague.
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Craig, de Búrca. (2011). EU Law - Text, Cases and Materials. Oxford.
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Craig, de BÚRCA. (2011). The Evolution of EU Law. Oxford.
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Craig. (2010). The Lisbon Treaty. Law, Politics and Treaty Reform. Oxford.
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Fossum, Menéndez. (2011). The Constitution's Gift. A Constitutional Theory for a Democratic European Union. Plymouth.
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Chalmers, Damian et al. (2006). European Union Law: text and materials. New York.
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LENAERTS, VAN NUFFEL. (2011). European Union Law. London.
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MADURO, AZOULAI et al. (2010). The Past and Future of EU Law, The Classics of EU Law Revisited on the 50th Anniversary of the Rome Treaty. Portland.
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PIRIS. (2010). The Lisbon Treaty. A Legal and Political Analysis,. Cambridge.
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ROSAS, ARMATI. (2010). EU Constitutional Law. An Introduction. Oxford.
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SCHÜTZE. (2012). European Constitutional Law. Cambridge.
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WEATHERILL. (2010). Cases and Materials on EU Law. Oxford.
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WEILER. (1999). The Constitution of Europe. New York.
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WOUTERS et al. (2009). European Constitutionalism beyond Lisbon. Antverps.
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