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

Master of Law (5th year)


2010 classes start on Monday, 8 November at 5 p.m.

Venue: Ćirilometodska street 4, classroom IV

 

EXAM

EXAM QUESTION Download here

 

The last part of the exam, consisting in hypothetical case, shall take place from Friday, 25 February (at noon) till Monday, 28 February (at 10 a.m.).

This is a take-home exam. On Friday the exam question:  a hypothetical case referring to legal issues we have discussed in the class - will be posted on this web. Your task will be to analyse the case, recognise the legal problems it opens, and offer solutions to them. In doing this, I expect you will cite relevant case law, at least that which we have discussed in the class. Likewise, I expect you to accompany your legal arguments with policy considerations that uphold them. Quoting scholars who discussed the relevant issue will be taken to your advantage.

Your final grade will be result of three elements: participation in class, exam essay, and hypothetical case.  

 

 

IMPORTANT!!!!!

Exam essay question is published in the Unit IV box below !!!


 

Course Pack 2010

 

Recommended literature

 


Unit I - Who are European Judges?

(Monday, 8 November 2010, at 5 p.m.)

 

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?

(Monday, 15 November, at 5 p.m.) 

 

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 II B - Jurisdiction of the European Court of Justice

(Monday, 22 November, at 5 p.m. - 6.40 p.m.) 

 

Learning outcomes

Students will be capable to:

- understand the role of the European Court of Justice in the EU legal order

- understand different headings of the jurisdiction of the Court and their purpose

- be able to discuss legitimacy of judicial law-creation by the ECJ

- 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

(Monday, 29 November, 5 - 9 p.m.)

 

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

(Monday, 6 and 20 December 2010, and 17 January 2011)

 

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):

Exam Essay
You need to answer in short essay form (up to 2 pages) to the essay question and return it to my e-mail by our last class, 15 February. The essay will form part of your exam grade. The answers received after the set deadline will not be taken into consideration. This is individual work, not a group work, so I expect your individual answers.
Essay question:
Lisbon Treaty introduced changes n the text of Article 263, fourth paragraph (relevant for the standing of individuals in direct actions). How do you understand these changes, especially in the light of the cases UPA and Jégo Quéré, which we have discussed in the class? Do the amendments answer the concerns raised in those cases?

 

 

Unit V - Preliminary Ruling Procedure on Interpretation

(Monday,31 January 2011, 17 - 20.30 h)

 

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):


 

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

1 - Direct Effect

(Monday, 14 February 2011, 17-19.15 h)

 

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 VII - National Courts in EU Judicial Order - Fundamentals Revisited

2 - Constitutional Issues of Supremacy 

(Monday, 14 February 2011, 17-19.15)

 

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 VIII - National Courts in EU Judicial Order - Fundamentals Revisited

3 - Interpretative Effects  

(Tuesday, 15 February 2011, 17-20.30 h)

 

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):

 


 


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