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Katedra za europsko javno pravo
The EU and Central and Eastern Europe - Legal Transformations

Transformation of the EU - From Maastricht to the Lisbon Treaty

Unit 1 - The Overview

Learning outcomes: Students will learn about the process of transformation of the EU that enabled the accession of the Central and East European States to the EU. They will learn why and how was the Treaty of Lisbon signed and get a general overview about the changes it introduces into EU legal and political system.

Assignment: Read the short overview of Lisbon treaty changes by Andrew Duff

Reading:

 

Unit 2 - Worlds Apart

Learning outcomes: Students will acquire basic understanding about legal culture and legal reasoning in communist/post-communist legal systems.

Assignment: Read the indicated articles and think about the differences between communist/post-communist and liberal-democratic legal cultures

Reading:

Unit 3 - Functions of Judicial Opinions

Learning outcomes: Students will acquire basic understanding of role and function of judicial opinion in different legal systems and contexts.

Assignment: Read the indicated articles. Think about  the major differences in understanding the judicial function.

Reading:

Unit 4 – Human rights framework of the EU

Learning outcomes: Developed understanding how and why is the European Union bound by international human rights. Understanding the nature of attributed powers of the EU and the importance of attribution in context of fundamental rights. Understanding why the EU is not (yet) a party to the European Human Rights Convention, and in what respect does it affect protection of fundamental rights within the framework of EU law. Acquired knowledge how to seize jurisdiction of the ECJ and how to argue a human rights issue in context of EU law.

Assignment: Read the assigned materials. Reflect why EC/EU is not a party to the European Human Rights Convention.

Reading:

 

Unit 5 – Transformation of Human Rights protection. Who protects better? Community or the Member States?

Learning outcomes: Developed understanding of the concept of supremacy of EU law. Understanding of the underlying conflict between the ECJ and the German Constitutional Court, concerning protection of fundamental rights.

Assignment: Read the assigned cases. What is the basic conflict between the German Constitutional Court and the ECJ all about? Is it possible to say which court protects fundamental rights better? By what standards? Is there a difference in the underlying philosophy of the two courts? Refresh your memory about the Costa v. ENEL case of the ECJ.

Reading:

Unit 6 -  Transformation of equal protection? EU, EHRC and the Member States?

Learning outcomes: Developed understanding of differences and simmilarities in approach to protection of fundamental rights before the ECHR (Strassbourg) and the ECJ (Luxembourg). By reading discrimination cases, students will acquire understanding of concepts of direct and indirect discrimination, as applied within the two legal systems.

Assignment:  Find elements of discrimination analysis in the assigned cases. In what respect ECJ and ECHR apply different standards? Why did the Grand Chamber of the ECHR reverse the first instance judgment in the D.H. case?

Reading:

 

Unit 7 – Striking a Delicate Balance - Market Freedoms and Fundamental Rights

Learning outcomes: Developed understanding how fundamental rights may (or may not) justify restrictions of free trade within the EU, within context of free movement of goods and free movement of services. Understanding the concept of margin of appreciation and motivation of the ECJ behind it. Acquired skill to recognize main elements of proportionality analysis and ability to apply it in new situations.

Assignment: How does the ECJ balance free trade and fundamental rights in the assigned cases? How much discretion does it leave to the Member States? Outline key paragraphs and be prepared to discuss them.

Reading:

Unit 8 – EU and Transformation of Social Rights

Learning outcomes: Understanding of social objectives of the EU and how are they pursued within framework of EU law. Understanding relationship between national guarantees of social rights and free market objectives, especially in context of enlargement and social discrepancies between the "old" and "new" Member States. Understanding the concept of protection of workers in context of collective action.

Assignment: How does the ECJ reconcile social and free market objectives? Does the EU Law erode national systems of social protection? Should the Member States be allowed to keep their social nets, or do we otherwise have a race to the bottom?

Reading:

Unit 9 - Association Agreements - general overview - interpretation

Learning outcomes: Students will acquire basic knowledge about Association Agreements and their interpretation

Assignment: Read the assigned cases

Reading:

Unit 10 - Association Agreements - mirror provisions

Learning outcomes:

Assignment:

Reading:

Unit 11 - Association Agreements - free movevent of persons


Learning outcomes: Students will learn whether provisions of association agreements are capable of vertical and horizontal direct effect, i.e. whether nationals of associated states can invoke their rights before the courts of EU Member States in proceedings against the state and private parties such as private employers. They will learn whether the Court’s interpretation of Article 39(2) EC can be transposed to similar provisions in association agreements. Students will learn whether the ECJ’s interpretation of the EC Treaty public policy exception can be transposed to the provisions of association agreements. They will learn that the ECJ relies on its highly restrictive interpretation of the public policy exception also in case of association agreements.

Assignment: Read the cases of the European Court of Justice and provisions of the EC Treaty and Slovakian association agreement from your reading list.

Reading:

Unit 12 - Association Agreements - conditionality and beyond

Learning outcomes:

Assignment: Think about requirements for EU membership. Did they change over time?

Reading:

 

 
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