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Lecturer(s)
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Kopa Bončková Helena, Mgr. et Mgr. LL.M.
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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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Content (themes): 1. The judicial organization of the EU 2. Powers, competencies and role of the EU Courts 3. Judges and Advocates General and their roles 4. Action for infringement 5. Action for annulment and Plea of illegality 6. Action for failure to act and Action for damages 7. Preliminary ruling procedure - function and operation 8. Preliminary ruling procedure - the scope and impact 9. Special procedures and competences - interim measures, review of international agreements, intellectual property disputes 23. Procedures before the EU courts - the general rules 24. Procedure in the case of preliminary questions 25. Procedure in the case of direct actions 26. Procedure in the case of Appeals
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training), Dialogic Lecture (Discussion, Dialog, Brainstorming), Work with Text (with Book, Textbook)
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Learning outcomes
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Teaching of EU law is based on understanding of the key case-law of the CJEU. It´s a Union judiciary, who introduced and accelerate the constitutional features into the supranational legal order. Students in general courses of EU law acquainted with the case-law in terms of its content and impact but do not pay attention to the processes that led to the adoption of particular decisions. This course will focus directly on the functioning of the EU judicial system in terms of organization and procedure. The various types of proceedings before the courts of EU will be discussed in comprehensive manner. The emphasis will be given also to rules of procedure and practical functioning of the CJEU. The students will gain a good knowledge of functioning of the EU judicial system, which is a prerequisite for future good practice. The course will, in addition, help students to understand the complex legal system of the EU. Students will be motivated to active participation, evaluation, cross-discussion and interviewing, with the positive impact on development of their legal and argumentative skills. The deeper emphasis will be given to the role of the Judges and Advocates General and Legal Reasoning of the CJEU. The content of the course will cover in essential way also the omitted question of procedures before the Union courts. This content will offer to students necessary insights to the internal functioning of the EU Courts.
Students will gain knowledge about the issues of multilevel dimension of European integration, knowledge of relevant case law and analytical skills necessary for further study and research on issues of constitutional dimension of European integration.
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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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Written exam
It is essential that those students who would like to get the credit must have attendance within the scope set by the seminar teacher and succeed in the written colloquium.
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Recommended literature
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Adams et al. (2013). Judging Europe's Judges: the Legitimacy of the Case Law of the European Court of Justice. Hart Publishing.
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Arnull. (2006). The European Union and Its Court of Justice, 2nd ed.. Oxford University Press.
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Beck. (2013). The Legal Reasoning of the Court of Justice of the EU.. Hart Publishing.
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Bobek et al. (2015). Selecting Europe`s Judges. Oxford University Press.
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Broberg, Fenger. (2010). Preliminary references to the European Court of Justice. Oxford University Press.
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Burrows, Greaves. (2007). The Advocate General and EC Law. Oxford University Press.
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Cardonnel, Rosas, Wahl. (2012). Constitutionalising the EU Judicial System - Essays in Honour of Pernilla Lindh. Hart Publishing.
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Conway. (2012). The Limits of Legal Reasoning and the European Court of Justice. Cambdridge University Press.
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Dawson, De Witte, Muir et al. (2013). Judicial Activism at the European Court of Justice. Edward Elgar.
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De Burca, Weiler. (2001). European Court of Justice. Oxford University Press.
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Hinarejos. (2009). Judicial control in the European Union: reforming jurisdiction in the intergovernmental pillars. Oxford University Press.
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LENAERTS, MASELIS, GUTMAN. (2014). EU Procedural Law. Oxford University press.
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NEVILLE BROWN, KENNEDY. (2000). The ECJ of the European Union, 5th ed.. Sweet & Maxwell.
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