JURISDICTION AND ROLE OF THE EUROPEAN COURT OF JUSTICE:
Jurisdiction and Role of the European Court of Justice
Jurisdiction and Role of the European Court of Justice
Study: Civil Law - 9. semester
Commercial Law - 9. semester
Constitutional-Administrative - 9. semester
Criminal Law - 9. semester
International Law - 9. semester
The European Union Law - 9. semester
Code: 171405
ECTS: 4.0
Course coordinators: prof. dr. sc. Tamara Ćapeta
prof. dr. sc. Iris Goldner Lang
prof. dr. sc. Tamara Perišin
Exam dates:
  • 01. 07. 2019.
  • 02. 09. 2019.
  • 16. 09. 2019.
Exam registration: Studomat
Basic data
Jurisdiction and Role of the European Court of Justice Civil Law - 9. semester
Commercial Law - 9. semester
Constitutional-Administrative - 9. semester
Criminal Law - 9. semester
International Law - 9. semester
The European Union Law - 9. semester
4.0 171405
Lecturer in charge Consultations Location
prof. dr. sc. Tamara Ćapeta Ćirilometodska 4, room 50
prof. dr. sc. Iris Goldner Lang Ćirilometodska 4, room 51
prof. dr. sc. Tamara Perišin Ćirilometodska 4, room Ćirilometodska 4, soba 56
Literature
Paul P. Craig, Grainne De Burca; EU Law. Text, Cases and Materials; Oxford University Press (2015), str. 1380
Koen Lenaerts, Ignace Maselis, Kathleen Gutman, Janek Tomasz Nowak; EU Procedural Law; Oxford University Press (2014), str. 1056
(to be published on the web within each teaching unit); Relevant case law;
Description
This course focuses on the methods of work and jurisdiction of the European Court of Justice, as well as the delimitation of jurisdiction between European and national level of courts. It seeks to critically examine the current organization and function of courts in the EU.
Understanding the powers of the Court of Justice and its role in the development of law enhances the understanding of other areas of EU law, as large areas of EU law develop precisely through the case law. In that sense, this course aims at the enhancement of teaching the EU law, by the development of the adequate basis for critical assessment of the case law of the Court of Justice in the framework of any substantive are of EU law.
Exam dates
01. 07. 2019.
02. 09. 2019.
16. 09. 2019.
Detailed data
Cognitive Skills:

After successfully mastering the course, the students will:

- understand the delimitation of powers between European and national courts and the reasons for such delimitation

- be able to realize the basic powers of the European Court of Justice and to discuss them critically

- understand basic types of jurisdiction of the European Court of Justice and develop skill to construe particular social problem into legal problem, which can become subject of decision-making by the European Court of Justice

- be able to distinguish between different procedures for judicial review of EU law and understand interrelationship between these procedures

- be able to discuss critically about judicial review powers of the courts

- understand the rules applicable to infringement procedure against Member States, different stages of that procedure, as well as the reasons for the particular interpretations given to those rules in the practice

- understand the importance of the judicial interpretation of law and be able to discuss critically problems connected to interpretive power of courts, especially the relationship between courts and other branches of government

- understand interpretative role of the European Court of Justice in preliminary ruling procedure and the rules regulating that procedure, including their transformation through the case law

- recognize the importance of the opinions of the European Court of Justice about the compatibility of international agreements with EU law and consequences of such opinions have for the relationship between EU law and international law

Practical and Generic Skills:

Critical thinking and problem solving; problem identification and anticipation of future development of EU law and EU judiciary.

Recognition of interests confornting before the Court, and the Court's polical role and importance.

Recognition of historical, social and political dynamics that influenced the Court's jurisprudence adn doctrines.

Analysis and presentation of reasoned legal opinions in the EU law area.

Articulate and present ideas in the appropirate and coherent manner, orally and in written form. 

Reading and understanding of the complex legal materials (judgments and opinions).

Analysis, assessment and presention of interpretations of and conflicting arguments appearing in the Court's judgments. 

Application of the communication skills in different contexts.

Practical skills:

- determine legal issues and conduct a research using different means of research, including libraries and the Internet;

- planning a research, including prioritising;

- planning and conducting an independent student research project.

Matching Assessments to Learning Outcomes:

Student should have passed the basic course in EU law (European Public Law).

By successful mastering of 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.

Students will recognize different headings of jurisdiction of the European Court of Justice, which will make reading of case law relating to any substantive area of EU law easier, and will enhance their understanding of that case law. Students will acquire a skill to critically assess case law.

Such learning outcomes fill the gap in the curriculum of EU law at the master level of studies.