BASIC INFORMATION ABOUT THE COURSE
Taught by: Professor Tamara Ćapeta and Assistant Lecturer Davor Petric
When: winter term of the fifth year of integrated programme in law
30 teaching hours in 10 units
Course requirements: preparation for classes and regular attendance
In order to get a positive grade in this course, you need to:
- attend in person (via google meet) at least 6 classes
(we check the attendance after each meeting)
- respond to a homework that will be posted on Merlin (during classes)
- draft request for preliminary ruling (during classes, near its end)
- pass the exam that will be organised online after the end of classes
(the exam will be based on hypothetical situation(s) and will be open book, which means that you will be able to use your notes or other materials you find useful; you will all have to take it at the same time)
TIME AND VENUE
In 2020/21 classes will take place via Google Meet. Exact dates and time will be announced later.
The classes will start on 15 October 2020.
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.
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
- Representing parties before the CJEU
- 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: recent developments (ultra vires review of EU law and the Weiss saga)
LINK to e-learning site Merlin
(with teaching and reading materials)
(course ID: TO BE ADDED; login with AAI)