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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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Bureš Pavel, JUDr. Ph.D.
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Course content
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1. Constitutional Evolution of the EU - Historical Developments of the European Integration from the Legal Perspective. 2. Division on Competences between European Union and Member States. 3. European Parliament and European Commission, European Council and Council 4. System of EU Law ? structure, sources, hierarchy 5. The Secondary Law of the European Union and other sources 6. The Internal Effects of the European Union Law within National Legal Orders ?Direct Effect and Indirect Effect of EU Law 7. The Separation of Powers at the Supranational Level ? Institutions of the EU in General 8. Relation between EU law and National Law ? Principle of Primacy of EU Law 9. Primacy Model vs. Trigger Model ? Substitutive, Pre-emptive and Exclusionary Effects of EU Law 10. Judicial system of the EU ? General Introduction 11. Direct Actions before Union Courts ? Infringements, Review of Legality, Failure to Act 12. 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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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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ROSAS, ARMATI. (2010). EU Constitutional Law. An Introduction. Oxford.
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SCHÜTZE. (2012). European Constitutional Law. Cambridge.
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