Loading...
X
korisnik:   zaporka:  
Fakultet| Upisi| Diplomski studij| Poslijediplomski studij| Studenti| Djelatnici| Biblioteka| Znanstveni i stručni rad| Izdavačka djelatnost
Katedra za europsko javno pravo
Judicial Process in the EU

Course taught by Tamara Ćapeta (tcapeta@pravo.hr)

Professor of EU Law

University of Zagreb

Faculty of Law

 

Offered in following Programmes:

AMES - Advanced Master of European Law

2009 classes start on Tuesday, 27 October at 5 p.m.

Venue: Ćirilometodska street 4, classroom 3

 

Exam February 2010

This is a take-home exam. Answers must be returned by Monday, 15 February 2010 at 11 a.m. to tcapeta@pravo.hr

 

You will find more detailed instructions together with the exam questions, which may be downloaded here:

 

 

Course Materials

Intro 2009

 

Recommended literature

 

Unit I - Who are European Judges?

(Tuesday, 27 October, 17 - 19.30)

 

Learning outcomes

Students will be capable to:

- understand the internal organization and the ways of internal functioning in the European Court of Justice;

- understand the reasons of such organization and to discuss its drawbacks;

- understand the concept of limited jurisdiction of the Court and know the basic headings of its jurisdiction;

- understand the reasons and modes of making national courts of the EU Member States the part of the EU judiciary

 

Preparation for class:

 

 

Unit II - What do judges do?

(Tuesday, 3 November 2009, 17 - 19.30)

 

Learning outcomes

Students will be capable to:

- understand the role of judges in law-creation

- be able to discuss legitimacy of judicial law-creation

- be able to read decisions of European court taking into consideration role of judges in the development of legal rules

 

Preparation for class (obligatory reading):

Further reading (optional reading):

 

Unit III - Enforcement Actions against Memeber States

(Tuesday, 10 November  2009, 17 - 19.30)

 

Learning outcomes

Students will be capable to:

- understand the purpose of the enforcement actions against Member States

- recognize the weaknesses of this procedure, especially for the protection of rights of individuals

- decide how to use this procedure as lawyers

- understand and discuss changes introduced by the Lisbon Treaty

 

Preparation for class (obligatory reading):

 

Further reading (optional reading):

Unit IV - Judicial Review of EU law

(Tuesday, 17 and 24 November  2009, 17 - 19.30)

 

Learning outcomes

Students will be capable to:

- understand the purpose and political problems involved in judicial review

- understand direct and indirect ways of challenge to EU acts

- understand how have these procerdures changed in the judicial prectice and the reasons for it 

- decide how to use this procedure as lawyers

- understand and discuss changes introduced by the Lisbon Treaty

 

Preparation for class (obligatory reading):

 

Further reading (optional reading):

Unit V - Preliminary Ruling Procedure on Interpretation

(Tuesday, 1 and 8 December  2009, 17 - 19.30)

 

Learning outcomes

Students will be capable to:

- understand the purpose of the preliminary ruling procedure

- understand how and why was the procedura adjusted in the judicial practice

- understand how to use this procedure as a lawyer for the benefit of a client

. understand how to use this procedure as a judge

- understand and discuss changes introduced by the Lisbon Treaty

 

Preparation for class (obligatory reading):

 

Further reading (optional reading):

Practicum: How to writte preliminary reference

 

(Tuesday, 15 December  2009)

 

Learning outcomes

Students will learn how to writte preliminary reference to the ECJ

 

Preparation for class:

 

  HAPPY NEW YEAR !

Unit VI - National Courts in EU Judicial Order - Fundamentals Revisited

1 - Direct Effect

(Tuesday, 12 January 2010, 17 - 19.30)

 

Learning outcomes

Students will be capable to:

- understand judicial development of concept of direct effect 

- understand the impact of that concept on the powers of the Member States' courts

- think critically about the concept of direct effects

 

Preparation for class (obligatory reading):

 

Further reading (optional reading):

 

  • Craig (2009) The Legal Effects of Directives: Policy, Rules and Exceptions (sent to AMES group)

 

Unit VI - National Courts in EU Judicial Order - Fundamentals Revisited

2 - Constitutional Issues of Supremacy 

(Tuesday, 19 January 2010, 17 - 19.30)

 

Learning outcomes

Students will be capable to:

- understand judicial development of concept of supremacy  

- understand the impact of that concept on the powers of the Member States' courts

- understand constitutional difficulties related to judicial application of supremacy  

 

Preparation for class (obligatory reading):

 

Further reading (optional reading):

 

Unit VI - National Courts in EU Judicial Order - Fundamentals Revisited

3 - Interpretative Effects  

(Tuesday, 26 January 2010, 17 - 19.30)

 

This is our last class. Thus, we will use it not only to talk about interpretative effect, but also to review the issues about which we have talked in previous classes in order to prepare you better for the exam. As you will have to solve a hypothetical case as one of the exam questions, in this class we will work on the basis of a hypothetical case. Please do read the hypothetical case in your materials (below). Think about the answers to the questions asked. 

Reading for this Unit is supposed to remind you how has judicial doctrine of indirect or interpretative effects developped. You have already talked about this in the first semester.

 

Learning outcomes

Students will be capable to:

- understand judicial development of interpretative obligation of national courts

- understand the impact of that concept on the powers of the Member States' courts

- discuss about the limits of such obligation

 

Preparation for class (obligatory reading):

 

 


Repozitorij
Copyright (C) 2010 - Pravni Fakultet u Zagrebu, Sva prava pridržana