Jurisdiction and the Role of the European Court of Justice

Basic Info

Taught by: Professor Tamara Ćapeta

When: winter term of the fifth year of integrated programme in law

30 teaching hours in 10 units

4 ECTS

Course requirements: preparation for classes and regular attendance

Exam: participation in classes and take home exam

 

 

Course Description

Objective of the course

to transfer the knowledge and to develop critical thinking about the methods of work and the jurisdiction of the European Court of Justice, as well as about the delimitation of jurisdiction between European and national level of courts.

 

Learning Outcomes

By successfully mastering the course, the students will understand the organization of EU judiciary and the importance of the European Court of Justice in interpretation and development of EU law. This will make reading of the case law easier and will enhance its understanding. In all the units, the course aims at developing the abilities of critical thinking about the reasoning of the courts, their position in relation to other institutions of government as well as critical appraisal of particular cases.

 

Selection of topics to be covered in class:

 

  • Internal organization and the methods of work of the European Court of Justice
  • Law-creative role of courts generally and of the European Court of Justice particularly
  • Judicial review of EU law – main types of procedure and conceptual problems
  • Interrelationship between direct and indirect procedures for judicial review of EU law
  • Infringement procedure against Member States
  • Cooperation between the Court of Justice and national courts – preliminary ruling procedure
  • Preliminary ruling procedure in practice: How to draft a request for preliminary ruling
  • Procedure of Opinion on the compatibility of a draft international agreement with EU law
  • Relationship between the Court of Justice and the constitutional and supreme courts of the Member States

 


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