MVV7914K Constitutional Aspects of EU Law II

Faculty of Law
Autumn 2010
Extent and Intensity
0/2. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Mag. Jürgen Busch, LL.M. (seminar tutor), prof. JUDr. Vladimír Týč, CSc. (deputy)
Guaranteed by
prof. JUDr. Vladimír Týč, CSc.
Department of International and European Law – Faculty of Law
Contact Person: Hana Brzobohatá
Timetable of Seminar Groups
MVV7914K/01: Mon 27. 9. to Fri 17. 12. Wed 18:15–19:45 136
MVV7914K/02: No timetable has been entered into IS.
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 25 student(s).
Current registration and enrolment status: enrolled: 0/25, only registered: 0/25
fields of study / plans the course is directly associated with
  • Law (programme PrF, M-PPV)
Course objectives
The legal and constitutional dimension of European Integration history within the EU (and within the EC before the Union-Treaty of Maastricht) was guided by constitutional challenges of this gradual process of European Constitutionalism out of the member states. The latest judgements of the Federal Constitutional Court (FCC) in Germany (“Lisbon decision”) or the Constitutional Court of the Czech Republic, both issued during the ratification procedures in 2009, form only the peak of the iceberg of a whole range of periodical constitutional review of EU law. The FCC in Germany can be called leading in this kind of exercise (from the Solange decisions over the Maastricht decision to the Lisbon decision), though by no means standing alone with its practise in Europe. Next to a general introduction into the first sight paradox of national constitutional courts reviewing a legal system taking precedence over domestic law in which the national supreme courts are based while discussing the relationship of EU- and domestic law, the course will compare leading and interesting examples of domestic constitutional review of EU law. It will identify similarities and differences in the line of argumentation of related judgements. Students are expected to prepare the cases before class, report them in class and actively participate in the class debates. Grading will be based on these exercises and a small written essay at the end of the class. Given its special focus, the course can be followed in useful combination with the class “Constitutional Aspects of EU Law” taught in spring semester 2010 or independent from this first part (completion of part 1 is thus not a requirement for taking part 2, which can be followed independently only in fall semester 2010; a basic knowledge of EU law is of advantage though).
Syllabus
  • The legal and constitutional dimension of European Integration history within the EU (and within the EC before the Union-Treaty of Maastricht) was guided by constitutional challenges of this gradual process of European Constitutionalism out of the member states. The latest judgements of the Federal Constitutional Court (FCC) in Germany (“Lisbon decision”) or the Constitutional Court of the Czech Republic, both issued during the ratification procedures in 2009, form only the peak of the iceberg of a whole range of periodical constitutional review of EU law. The FCC in Germany can be called leading in this kind of exercise (from the Solange decisions over the Maastricht decision to the Lisbon decision), though by no means standing alone with its practise in Europe. Next to a general introduction into the first sight paradox of national constitutional courts reviewing a legal system taking precedence over domestic law in which the national supreme courts are based while discussing the relationship of EU- and domestic law, the course will compare leading and interesting examples of domestic constitutional review of EU law. It will identify similarities and differences in the line of argumentation of related judgements. Students are expected to prepare the cases before class, report them in class and actively participate in the class debates. Grading will be based on these exercises and a small written essay at the end of the class. Given its special focus, the course can be followed in useful combination with the class “Constitutional Aspects of EU Law” taught in spring semester 2010 or independent from this first part (completion of part 1 is thus not a requirement for taking part 2, which can be followed independently only in fall semester 2010; a basic knowledge of EU law is of advantage though).
Literature
  • Study materials will be provided on seminars
Teaching methods
seminar
Assessment methods
Grading will be based on these exercises and a small written essay at the end of the class.
Language of instruction
English
Further Comments
The course is taught only once.
  • Enrolment Statistics (recent)
  • Permalink: https://is.muni.cz/course/law/autumn2010/MVV7914K