Study:	Administrative-Legal - 5. semester
Code:	123670
ECTS:	5.0
Course coordinators:	prof. Jasna Omejec prof. dr. sc. Frane Staničić prof. dr. sc. Marko Šikić izv. prof. dr. sc. Mateja Held izv. prof. dr. sc. Lana Ofak izv. prof. dr. sc. Marko Turudić

Literature:

Omejec, Jasna; Vijeće Europe i Europska unija: institucionalni i pravni okvir; Novi informator (2008), str. (glava I., glava II. (str. 97.-105., 113.-133.), glava III., glava IV. (str. 305.-314.), Prilog III.) Hartley, Trevor; Temelji prava Europske zajednice: uvod u ustavno i upravno pravo Europske zajednice; Pravni fakultet Sveučilišta u Rijeci (2004), str. poglavlje 4. (str. 105.-111.), poglavlje 7. (str. 235.-241.), poglavlja 11.-17 Ofak, Lana; Prezentacije s predavanja dostupne putem sustava za e-učenje Merlin;

Description:

Development of the European administrative law. The European concept of public administration. Administrative areas for which European law is adopted and applied. Legal sources of the European administrative law: the European Union Treaties, Regulations, Directives, Decisions, Recommendations, Opinions. The relationship between the European Union law and national law, primary and secondary law, basic principles of EU law, international law and international agreements. The relationship of the Council of Europe and the European Union. Basic principles of the EU administration: the principle of legality of public administration (concept, guarantees, forms of illegality). The principles of the European Union law: equality, prohibition of discrimination, non-discrimination, proportionality, legitimate expectations, etc. Rights and responsibilities of physical persons with regard to public administration: citizenship of the European Union, freedom of movement, the right to petition, right to complaints, access to information, good administration, access to public services, equality before administrative bodies, limitations due to the protection of public interest. Legal status of foreigners. Individual decisions of the EU administrative bodies: administrative decisions, the process of decision-making, legal protection, permissibility of repeal. Liability for the damage caused by illegal or incorrect performance of the civil servants or administrative bodies in the EU law: legal system, prerequisites, competence, procedure. Protection from illegal decisions and performance of the European Union administrative bodies before the European Union courts - the European Court, General Court. EU Ombudsman.

Cognitive Skills:

Knowledge and understanding

After successfully completing the course, students will be able to:

- identify principles of application of European administrative law in EU member states;

- recognise different mechanisms of judicial protection of rights which derive from European law before national courts and the Court of Justice of the EU;

- describe fundamental rights of EU citizens with regard to EU institutions, bodies, agencies and offices;

- describe mechanisms of liabliity of the EU and member states for the damage caused by illegal work of officials.

 

Application

After successfully completing the course, students will be able to:

- manage sources of European administrative law

- use the Charter of Fundamental Rights of the EU;

- appl yknowledge on court protection of rights deriving from European law;

- give examples for the application of European administrative law in EU member states.

 

 

 

Analysis

After successfully completing the course, students will be able to:

- distinguish between the competence of the CJEU and the European Court of Human Rights

- compare competences and powers of the bodies of the Council of Europe and European Union;

- categorise claimants before the CJEU;

- analyse the development of European administrative law.

 

 

Synthesis

After successfully completing the course, students will be able to:

- propose the application of the principle of European administrative law toa certain case;

- anticipate what would happen if fundamental rights of a citizen were violated;

- formulate consequences of the illegal work of EU bodies, agencies and offices

- generalise the influence of the CJEU case law on national legal bodies.

 

Evaluation

After successfully completing the course, students will be able to:

- compare various approaches to the protection of fundamental rights of citizens, to choose a better one and explain the choice

- valorise the manner of operation of EU institutions, bodies and agencies

- reexamine the manner of application of European administrative law principles on a certain case:

- assess the future development of national administrative law under the influence of European administrative law

 

Practical and Generic Skills:

After successfully mastering the course, students will be able to:

- clearly and precisely exprewss themselves, presenting acquired learning outcomes;

- argument their opinions;

- adjust to the changes in Croatian legal system due to the Croatian accession to the EU;

- develop ability to learn;

 

Matching Assessments to Learning Outcomes:

Oral examination for all learning outcomes.

Consultations schedule:

• prof. Jasna Omejec:

  Tuesday from 18:30 to 20:00

  Location: Ćirilometodska 4, room 10 / prizemno
• prof. dr. sc. Frane Staničić:

  Tuesdays from 10:30AM-12PM

  Location: Ćirilometodska 4, room 11/prizemno
• prof. dr. sc. Marko Šikić:

  Wdenesdays from 4PM-5:30PM

  Location: Ćirilometodska 4, room 25, I. kat
• izv. prof. dr. sc. Lana Ofak:

  Mondays from 11:15-12:30PM

  Location: Ćirilometodska 4, room 3/prizemno
• izv. prof. dr. sc. Marko Turudić:

  Mondays, 9.30 -11AM.

  Location: Ćirilometodska 4, room 40A/potkrovlje