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Lecturer(s)
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Stejskal Petr, Mgr. LL.M., Ph.D.
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Stehlík Václav, doc. JUDr. LL.M., Ph.D.
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Course content
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Topics of lectures and seminars: 1. EU competences in commercial policy, opinion 1/75, opinion 1/94, notion of shared competences in recent case-law, CETA and TTIP agreements 2. The doctrine of implied powers - opinion 1/76, opinion 2/91 and opinion 1/03, case 22/74 AETR and in recent case-law 3. Competence to conduct Common and Foreign Security Policy - the development of Treaty provisions, delimitation of competences before and after Lisbon Treaty, analysis of the CJEU case-law - especially C-402 and 415/05P Kadi, C-166/07 European Parliament v. Council and recent case-law 4. Conclusion of International Agreements - art. 218 and 219 TFEU, examples from the CJEU case-law - opinion 3/94, C-122/95 Germany v. Council, C-327/91 France v. Commission and recent case-law 5. Mixed agreements - grounds for mixity - political and legal, case-law, especially 21-24/72 International Fruit Company, opinion 1/76, C-53/96 Hermes, C-300 and 392/95 Parfums Christina Dior, C-162/96 Racke and recent case-law 6. Legal effects of international law in EU law - analysis of CJEU case-law - especially C-402 and 415/05P Kadi, 181/73 Haegeman, 101/81 Kupferberg, 270/80 Polydor and and recent case-law 7. Association agreements - analysis of the Ankara Agreement on Turkey - EU association; analysis of the CJEU case-law (f.e. 12/86 Demirel, C-192/89 Sevince Sevince, C-18/90 Kziber) 8. Association agreements - analysis of the Europe Agreements - association agreements of Central European countries with the EU association process, reflection in CJEU case-law- comparison to current association agreements with Eastern European countries - Ukraine, Moldova, South Caucasian countries 9. Association agreements - analysis of the agreements with ACP countries Lomé agreements, Cotonou agreement, current agreements 10. External relations of the with a selected world region or country I - analysis of legal documents (treaties), areas and forms of cooperation, their legal basis in EU treaties, decisions of the ECJ in relation to these documents 11. External relations of the with a selected world region or country II - analysis of legal documents (treaties), areas and forms of cooperation, their legal basis in EU treaties, decisions of the ECJ in relation to these documents 12. EU and human rights protection - conditional clauses in external relations, EU competence to accede to European Convention on Human Rights - opinion 2/94 and current state of affairs
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training), Dialogic Lecture (Discussion, Dialog, Brainstorming)
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Learning outcomes
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The course focuses on legal aspects of external relations law of the European Union as concerns both its theoretical dimension, EU primary law, relation to the constitutional law of EU Member States and also its practical application in various regions of the world. Except theoretical foundations of EU external relations the course will focus on practical carry out of external relations vis-a-vis individual countries and regions. The tuition will cover agreements on trade, development and association. A special attention will be paid to the reflection of EU human rights standards in these instruments. The course is taught in English.
Students in this course will acquire knowledge and competences necessary to grasp the EU external activities and also the application of EU external relations norms in the national legal order. The graduates of this course will increase their competences for jobs at central administration authorities, courts, advocacy and also international field.
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Prerequisites
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Completion of this course is not conditional upon completion of some other courses.
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Assessment methods and criteria
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Student performance
Presence at seminars is obligatory. Students will be required to participate in seminars in the extent set by the course leader and to present their seminar paper during the course.
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Recommended literature
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Blavoukos, S., Bourantonis, D., (eds.). (2011). The EU Presence in International Organisations. Routledge.
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Cremona. M. (2018). Structural Principles in EU External Relations Law. Hart Publishing.
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Dashwood, A., Maresceau. (2008). Law and Practice of EU External Relations: Salient Features of a Changing Landscape. Cambridge University Press.
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Eeckhout, P. (2012). External Relations of the European Union: Legal and Constitutional Foundations. 2nd edition. Oxford University Press.
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Koutrakos, P.. (2012). EU International Relations Law. Oxford.
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Koutrakos, P., Evans, M., (eds.). (2013). he International Responsibility of the European Union: European and International Perspectives. Hart Publishing, Oxford.
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Lavenex, S., Schimmelfennig, F. (2013). Democracy Promotion in the EU's Neighbourhood. Routledge.
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Muntschick, J. (2017). The Southern African Development Community (SADC) and the European Union (EU): Regionalism and External Influence. Palgrave Macmillan.
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Poli, S. (2018). The European Neighbourhood Policy - Values and Principles. Routledge.
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Simano, L. (2017). The EU's Neighbourhood Policy towards the South Caucasus: Expanding the European Security Community (The European Union in International Affairs). Palgrave Macmillan.
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Vooren, van. B.. (2012). EU External Relations Law and the European Neighbourhood Policy. Routledge.
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