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Lecturer(s)
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Stehlík Václav, doc. JUDr. LL.M., Ph.D.
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Šišková Naděžda, doc. et doc. JUDr. Ph.D.
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Course content
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1. The development of the legal foundations of the European integration - from international treaties to constitutional texts. 2. The European Union and the Member States - supranationality, autonomy, separation of powers, bilateral loyalty, subsidiarity and proportionality, control of the division of powers. 3. The European Union and individuals - the Institute of Union citizenship and its development content, the political role of individuals in the European Union, the protection of individual rights. 4. The European Union and the world - the right of external relations of the European Union, the delimitation of competences of the Union in external relations, EU relations with international organizations (UN, WTO, the Council of Europe), the Union's relations with the third countries. 5. The internal organizational structure of the Union from the legal perspective - constitutional role, powers and competence of EU institutions. 6. The European Union law - sources, internal layout, the ratio of sources, the general characteristics of the effects of individual sources. 7. The process of creation, revision and adoption of the sources of the European Union law. The formal requirements for the validity of the sources of EU law. 8. The nature and effects of the European Union law I - the autonomy of EU law and its manifestations; relationship of EU law to international law. 9. The nature and effects of the European Union law II - direct effect of EU law standards, its conditions and limits; differences in terms of direct application of the various sources of EU law, verticality and horizontality effects of EU standards. 10. The nature and effects of the European Union law III - indirect effect of EU law, law of the European Union as an interpretative model, theoretical basis and practice. 11. The nature and effects of the European Union law IV - the relationship of EU law and national law of the Member States, the principle of supremacy of EU law. 12. The judicial system of the European Union - the internal structure, organization, division of competence between the Union's judicial system components, defining the powers of the Court of Justice, the reform of EU judicial system. 13. Judicial scrutiny of Member States and EU institutions - the action for infringement of duty, the action for annulment, the action for failure to act, indirect judicial review of the legality of Union acts (prejudicial proceedings on the validity and a plea of illegality). 14. Preliminary ruling proceedings I - function, role and importance for the European integration, procedural system of preliminary questions. 15. Preliminary ruling proceedings II - problematic aspects of prejudicial proceedings - defining entities (the concept of court), the problem of the so called prejudicial proceedings (their limits and application in practice), the material scope of review within prejudicial proceedings (question of assessment of national law). 16. The internal market of the European Union - development, legal framework, the structure of an area without internal borders. 17. Free movement of goods in historical retrospective and at present, analysis of key case law of the Court, current trends in the context of the free movement of goods. 18. Free movement of persons - employment (workers); business in the internal market of the European Union, the free movement of companies. 19. Free movement of intangible assets - services and capital in the internal market. The level of liberalization. 20. Legal regulation of competition in the internal market of the European Union. 21. The area of freedom, security and law within the European Union - the powers of the Union, legal instruments of cooperation, legal regime of cooperation. 22. The European Union and Human Rights I - the development and the role of the protection of human rights within the European Integration. 23. The European Union and Human Rights II - the structure of the sources and mechanisms for the pr
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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 purpose of the subject European and International law 1-6 is to qualitatively deepen and expand knowledge of students in these fields of law. The study further leads to the acquisition of practical knowledge and skills necessary for the correct application of the rules of the EU law and public international law in practice.
Postgraduate programme Theoretical Legal Science
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Prerequisites
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Postgraduate programme Theoretical Legal Science
MEP/EM1-D and MEP/EM2-D and MEP/EM3-D
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Assessment methods and criteria
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Student performance
Self-study, publication activity in scientific magazines, consultation with the lecturer
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Recommended literature
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Alston, P., Goodman, R. (2013). International Human Rights. Oxford.
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Arnull, A. (eds):. A Constitutional Order of States? Essays in EU Law in Honour of Alan.
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Cassese, A. (2001). International Law. Oxford.
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David, V. (2011). Mezinárodní právo veřejné s kazuistikou. Praha.
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De Búrca, G., Weiler J.(eds). (2012). The Worlds of European Constitucionalism.. New York.
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Lenaerts, K., Van Nuffel, P.:. (2011). European Union Law 3rd ed.. London.
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Potočný, M., Ondřej, J. (2011). Mezinárodní právo veřejné: zvláštní část,. Praha.
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Stehlík, V. (2012). Aplikace národních procesních předpisu v kontextu práva Evropské unie. Praha, Leges.
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Šišková, N.(ed.):. (2008). The Process of Constitutionalisation of the EU and Related Issues. Groningen.
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Walker, N., Shaw J., Tierney S. (eds). (2011). Europe´s Constitutional Mosaic. Oxford.
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