EUROPEAN ADMINISTRATIVE LAW:
European Administrative Law
Chair of Administrative Law
European Administrative Law
Study: Tax - 5. semester
Code: 123945
ECTS: 3.0
Course coordinators: prof. dr. sc. Marko Šikić
izv. prof. dr. sc. Frane Staničić
izv. prof. dr. sc. Lana Ofak
Lecturers: doc. dr. sc. Mateja Held - Lectures
doc. dr. sc. Marko Turudić - Lectures
Exam dates:
  • 27. 01. 2020.
  • 10. 02. 2020.
  • 20. 04. 2020.
  • 01. 06. 2020.
  • 15. 06. 2020.
  • 29. 06. 2020.
  • 31. 08. 2020.
  • 14. 09. 2020.
Exam registration: Studomat
Basic data
European Administrative Law Tax - 5. semester
3.0 123945
Lecturer in charge Consultations Location
prof. dr. sc. Marko Šikić

Wdenesdays from 4PM-5:30PM

Ćirilometodska 4, room 25, I. kat
izv. prof. dr. sc. Frane Staničić

Tuesdays from 10:30AM-12PM

Ćirilometodska 4, room 11/prizemno
izv. prof. dr. sc. Lana Ofak

Wednesdays from 10:30AM-12PM

Ćirilometodska 4, room 3/prizemno
Lecturer Consultations Location
doc. dr. sc. Mateja Held (Lectures)

Thuesdays from 12:30PM-14PM

Ćirilometodska 4, room 44/potkrovlje
doc. dr. sc. Marko Turudić (Lectures)

Wednesdays; 10AM-11:30AM

Ćirilometodska 4, room 40A/potkrovlje
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.)
Ofak, Lana; Skripta s prezentacijama s predavanja;
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
Borković, Ivo; Upravno pravo; Narodne novine (2002), str. poglavlja koja se odnose na upravno pravo u oblasti EU
Description
The beginnings and development of the European administrative law. The European concept of public administration. Administrative areas for which European law is created and applied. Legal sources of the European administrative law: the European Union treaty, Regulations, Directives, Decisions, Recommendations, Opinions. The relationship between the European Union law and national law, primary and secondary law, the European Union common law, international law and international agreements. The relationship of the Council of Europe and the European Union. (6h)
Basic principles of the EU administration: the principle of legality of public administration (concept, guarantees, forms of illegality), discretionary decision in the European Union law and laws of the member countries (concept, content, permissibility, control), and other forms of weaker public administration s bounds. The principles of the European Union law: equality, prohibition of discrimination, non-discrimination, proportionality, legitimate expectations, etc. (6h)
Rights and responsibilities of physical entities with regard to public administration: citizenship of the European Union, freedom of movement and settlement, the right to petition, to complaints, to access information, to good administration, to access public services, to equality before administrative bodies, to limitations due to the protection of public interest. Legal position of the citizens not belonging to the EU member states. (6h)
Individual decisions of the EU administrative bodies: administrative decisions, the process of decision-making, legal protection, permissibility of repeal. (6h)
Responsibility 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. (6h)
Protection from illegal decisions and performance of the European Union administrative bodies in European Union courts - the European Court, General Court, Court of Auditors, EU Ombudsman. (6h)
Exam dates
27. 01. 2020.
10. 02. 2020.
20. 04. 2020.
01. 06. 2020.
15. 06. 2020.
29. 06. 2020.
31. 08. 2020.
14. 09. 2020.
Detailed data
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 European Court;

- 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 European Court 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 European Court;

- 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 European Court practice 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:

Written examination for all learning outcomes.