National civil procedural law, both at the legislative level as well as in application in courts, has been widely influenced by the case law of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). However, it is not always easy to assess whether the decisions of those courts also apply to domestic civil procedural rules, especially if the national law concerned in the rulings of the Court in Strasbourg and the CJEU is (somewhat) different from domestic law. Therefore, it seems appropriate to offer a course in which students could deepen their knowledge and competences acquired during legal studies, especially in the courses on civil procedure, EU law, constitutional law, and criminal procedure. Critical reading of selected decisions of the Court in Strasbourg and the CJEU will additionally train students for their proper understanding and independent critical reading. This will also raise awareness of the importance of regular monitoring of the case law of the European Court of Human Rights and the CJEU in order to properly apply the national rules of civil procedure.
Civil Procedure and Critical Reading of ECtHR and CJEU Case Law
Ishodi učenja
identify the basic principles of civil procedure in the case law of the European Court of Human Rights and the CJEU
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DOPRINOSI OSTVARENJU ISHODA UČENJA NA RAZINI STUDIJSKOG PROGRAMA
1. identify the historical, political, economic, European, international, i.e.
other social factors competent for creation and application of the law -
KOGNITIVNO PODRUČJE ZNANJA I RAZUMIJEVANJA
understanding
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VJEŠTINE
research skills
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SADRŽAJ UČENJA
Right to a fair trial
Access to court and costs of litigation: Klauz v. Croatia, Cindrić and Bešlić
v. Croatia
Right to a trial within a reasonable time: Marić, Kirinčić and Others,
Glavinić and Marković v. Croatia
Inconsistent case law and violation of the right to a fair trial: Tomić and
Others v. Montenegro
Adversarial hearing and surprise judgment: Prikyan and Angelova v.
Bulgaria
Right to be heard and service in civil proceedings: Miholapa v. Latvia
Illegally obtained evidence in civil proceedings: Lopez Ribalda and Others
v. Spain
Procedural rules and the right to a home: Brežec v. Croatia
The principle of procedural autonomy and the principle of equivalence
and effectiveness of EU law in the case law of the European Court of
Justice; case law research in connection with rules of civil procedure -
NASTAVNE METODE
lectures, guided discussion, work on the text, independent reading of
literature
analyze the case law of the European Court of Human Rights and the CJEU in relation to rules of civil procedure
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DOPRINOSI OSTVARENJU ISHODA UČENJA NA RAZINI STUDIJSKOG PROGRAMA
11. analyse the relevant case law
-
KOGNITIVNO PODRUČJE ZNANJA I RAZUMIJEVANJA
analysis
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VJEŠTINE
the ability to criticize and self-criticize
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SADRŽAJ UČENJA
Access to court and costs of litigation: Klauz v. Croatia, Cindrić and Bešlić
v. Croatia
Right to a trial within a reasonable time: Marić, Kirinčić and Others,
Glavinić and Marković v. Croatia
Inconsistent case law and violation of the right to a fair trial: Tomić and
Others v. Montenegro
Adversarial hearing and surprise judgment: Prikyan and Angelova v.
Bulgaria
Right to be heard and service in civil proceedings: Miholapa v. Latvia
Illegally obtained evidence in civil proceedings: Lopez Ribalda and Others
v. Spain
Procedural rules and the right to a home: Brežec v. Croatia
Litigation and procedural consumer protection (ex officio control of
unfair terms in consumer contracts): Cofidis
Enforcement and procedural consumer protection (ex officio control of
unfair terms in consumer contracts): Aziz
Payment order and procedural consumer protection: Banco Español,
Profi Credit Polska
Student presentations on selected decisions of the European Court of
Human Rights
Student presentations on selected decisions of the CJEU -
NASTAVNE METODE
guided discussion, work on the text, independent reading of literature
evaluate the argumentation of the European Court of Human Rights and the CJEU in certain decisions concerning civil procedure
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DOPRINOSI OSTVARENJU ISHODA UČENJA NA RAZINI STUDIJSKOG PROGRAMA
12. evaluate the legal institutes and principles in their developmental
dimension and in relation to the modern legal system -
KOGNITIVNO PODRUČJE ZNANJA I RAZUMIJEVANJA
evaluation
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VJEŠTINE
the ability to criticize and self-criticize, the ability to create new ideas,
presentation and communication skills -
SADRŽAJ UČENJA
Right to a fair trial
Access to court and costs of litigation: Klauz v. Croatia, Cindrić and Bešlić
v. Croatia
Right to a trial within a reasonable time: Marić, Kirinčić and Others,
Glavinić and Marković v. Croatia
Inconsistent case law and violation of the right to a fair trial: Tomić and
Others v. Montenegro
Adversarial hearing and surprise judgment: Prikyan and Angelova v.
Bulgaria
Right to be heard and service in civil proceedings: Miholapa v. Latvia
Illegally obtained evidence in civil proceedings: Lopez Ribalda and Others
v. Spain
Procedural rules and the right to a home: Brežec v. Croatia
Litigation and procedural consumer protection (ex officio control of
unfair terms in consumer contracts): Cofidis
Enforcement and procedural consumer protection (ex officio control of
unfair terms in consumer contracts): Aziz
Payment order and procedural consumer protection: Banco Español,
Profi Credit Polska
Student presentations on selected decisions of the European Court of
Human Rights
Student presentations on selected decisions of the CJEU -
NASTAVNE METODE
guided discussion, work on the text, student debate, independent reading
of literature
implement the legal principles developed in the case law of the European Court of Human Rights and the CJEU in the interpretation of national rules of civil procedure
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DOPRINOSI OSTVARENJU ISHODA UČENJA NA RAZINI STUDIJSKOG PROGRAMA
19. implement the European regulation into the national legal system
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KOGNITIVNO PODRUČJE ZNANJA I RAZUMIJEVANJA
creation/synthesis
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VJEŠTINE
the ability to solve problems, the ability to criticize and self-criticize, the
ability to apply knowledge in practice -
SADRŽAJ UČENJA
European Court of Human Rights: basic procedural rules, statistics, case
law research (HUDOC, secondary sources and literature)
Right to a fair trial
Access to court and costs of litigation: Klauz v. Croatia, Cindrić and Bešlić
v. Croatia
Right to a trial within a reasonable time: Marić, Kirinčić and Others,
Glavinić and Marković v. Croatia
Inconsistent case law and violation of the right to a fair trial: Tomić and
Others v. Montenegro
Adversarial hearing and surprise judgment: Prikyan and Angelova v.
Bulgaria
Right to be heard and service in civil proceedings: Miholapa v. Latvia
Illegally obtained evidence in civil proceedings: Lopez Ribalda and Others
v. Spain
Procedural rules and the right to a home: Brežec v. Croatia
The principle of procedural autonomy and the principle of equivalence
and effectiveness of EU law in the case law of the European Court of
Justice; case law research in connection with rules of civil procedure
(curia, eur-lex; literature)
Litigation and procedural consumer protection (ex officio control of
unfair terms in consumer contracts): Cofidis
Enforcement and procedural consumer protection (ex officio control of
unfair terms in consumer contracts): Aziz
Payment order and procedural consumer protection: Banco Español,
Profi Credit Polska
Student presentations on selected decisions of the European Court of
Human Rights
Student presentations on selected decisions of the CJEU -
NASTAVNE METODE
guided discussion, work on the text, student debate, independent reading
of literature
