EVS437 The Role of the European Court of Justice in the Development of EC Law

Faculty of Social Studies
Spring 2011
Extent and Intensity
2/0/0. 4 credit(s). Type of Completion: zk (examination).
Teacher(s)
Prof. Matthias Niedobitek (lecturer), doc. PhDr. Markéta Pitrová, Ph.D. (deputy)
Guaranteed by
doc. PhDr. Markéta Pitrová, Ph.D.
Department of International Relations and European Studies – Faculty of Social Studies
Contact Person: Olga Cídlová, DiS.
Timetable
Mon 11. 4. 18:00–19:30 U42, Tue 12. 4. 14:00–15:40 U43, Wed 13. 4. 14:00–15:40 U41, Thu 14. 4. 14:00–15:40 U42, Fri 15. 4. 10:00–11:40 U42
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 15 student(s).
Current registration and enrolment status: enrolled: 0/15, only registered: 0/15
fields of study / plans the course is directly associated with
Course objectives (in Czech)
Students shall examine the role and influence of the European Court of Justice in the development of the law of the Union and the European integration process in general, by, in particular, reading and discussing leading and current cases of the European Court of Justice. The judgments are available on the website of the Court (http://curia.europa.eu). Students shall not only take into account the judgments of the Court but also, if available, the opinion of the Advocate General.
Syllabus (in Czech)
  • Monday, April 11, 2011: Introduction – Overview The Court of Justice of the European Union and the Lisbon Treaty –– Methods of interpretation – Codification of the Court’s Case-Law –– Actions and procedures before the Court –– The role of the national courts –– Overview of the relevant fields in which the Court has significantly developed the Law of the Union Tuesday, April 12, 2011: Primacy of the Law of the Union Judgment of the Court of 22 June 2010, Joined Cases C-188/10, Aziz Melki, and C-189/10, Sélim Abdeli (Examination of whether a national law is consistent both with European Union law and with the national constitution – National legislation granting priority to an interlocutory procedure for the review of constitutionality) Judgment of the Court of 19 November 2009, Case C-314/08, Krzysztof Filipiak v Dyrektor Izby Skarbowej w Poznaniu (Judgment of the national constitutional court – Unconstitutionality of provisions of national law – Deferral of the date on which those provisions are to lose their binding force – Primacy of Community law – Implications for the national court) Judgement of the Court of 22 October 1998, Joined Cases C-10/97 to C-22/97, Ministero delle Finanze v IN.CO.GE.'90 Srl et al. (Preliminary rulings – Power of the Court – Limits – Problem of jurisdiction within the national judicial system – Resolution depending on the classification of a legal situation in the light of Community law – Primacy – Contrary national law – Rules automatically inapplicable, without being rendered non-existent) Wednesday, April 13, 2011: The Principle of Procedural Autonomy Judgment of the Court of 25 November 2010, Case C-429/09, Günter Fuß / Stadt Halle (Social policy – Protection of the safety and health of workers –Directives 93/104/EC and 2003/88/EC – Organisation of working time – Fire fighters employed in the public sector – Article 6(b) of Directive 2003/88/EC – Maximum weekly working time – Exceeded – Reparation for loss or damage caused by breach of European Union law – Conditions on which right to reparation depends – Procedural rules – Obligation to make a prior application to the employer – Form and extent of reparation – Additional time off in lieu or financial compensation – Principles of equivalence and effectiveness) Judgment of the Court of 26 January 2010, Case C-118/08, Transportes Urbanos y Servicios Generales SAL / Administración del Estado (Procedural autonomy of the Member States – Principle of equivalence – Action for damages against the State – Breach of European Union law – Breach of the Constitution) Judgment of the Court of 13 March 2007, Case C-432/05, Unibet (London) Ltd and Unibet (International) Ltd / Justitiekanslern ((Principle of judicial protection – National legislation not providing for a self-standing action to challenge the compatibility of a national provision with Community law – Procedural autonomy – Principles of equivalence and effectiveness – Interim protection) Thursday, April 14, 2011: Fundamental Rights in the Law of the Union Judgment of the Court of 9 November 2010, Joined Cases C-92/09 and C-93/09, Volker und Markus Schecke GbR and Hartmut Eifert / Land Hessen (Protection of natural persons with regard to the processing of personal data — Publication of information on beneficiaries of agricultural aid — Validity of the provisions of European Union law providing for that publication and laying down detailed rules for such publication — Charter of Fundamental Rights of the European Union — Articles 7 and 8 — Directive 95/46/EC — Interpretation of Articles 18 and 20) Judgment of the Court of 19 January 2010, Case C-555/07, Seda Kücükdeveci / Swedex GmbH & Co. KG (Principle of non-discrimination on grounds of age – Directive 2000/78/EC – National legislation on dismissal not taking into account the period of employment completed before the employee reaches the age of 25 in calculating the notice period – Justification for the measure – National legislation contrary to the directive – Role of the national court) Judgment of the General Court of 30 September 2010, Case T-85/09, Yassin Abdullah Kadi / Commission (Common foreign and security policy – Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – Regulation (EC) No 881/2002 – Freezing of a person’s funds and economic resources as a result of his inclusion in a list drawn up by a body of the United Nations – Sanctions Committee – Subsequent inclusion in Annex I to Regulation No 881/2002 – Action for annulment – Fundamental rights – Right to be heard, right to effective judicial review and right to respect for property) Friday, April 15, 2011: Freedom of Movement of Students –– Conclusion Judgment of the Court of 13 April 2010, Case C-73/08, Nicolas Bressol and Others, Céline Chaverot and Others / Gouvernement de la Communauté française (Citizenship of the Union – Articles 18 and 21 TFEU – Directive 2004/38/EC – Article 24(1) – Freedom to reside – Principle of non-discrimination – Access to higher education – Nationals of a Member State moving to another Member State in order to pursue studies there – Restriction on enrolment by non-resident students for university courses in the public health field – Justification – Proportionality – Risk to the quality of education in medical and paramedical matters – Risk of shortage of graduates in the public health sectors) Judgment of the Court of 18 November 2008, Case C-158/07, Jacqueline Förster / Hoofddirectie van de Informatie Beheer Groep (Freedom of movement for persons – Student who is a national of one Member State and goes to another Member State to follow a training course – Student maintenance grant – Citizenship of the Union – Article 12 EC – Legal certainty) Judgment of the Court of 23 October 2007, Joined Cases C-11/06 and C-12/06, Rhiannon Morgan (C 11/06) / Bezirksregierung Köln, and Iris Bucher (C 12/06) / Landrat des Kreises Düren (Citizenship of the Union – Articles 17 EC and 18 EC – Refusal to award an education or training grant to nationals of Member States pursuing their studies in another Member State – Requirement of continuation between studies pursued in another Member State and those pursued previously for at least one year in an establishment in the student’s Member State of origin)
Assessment methods (in Czech)
Preparation of the course: Students shall – as the case may be, in groups – prepare an oral analysis (including a max. 2-pages-handout) of a judgment of the Court (15–20 minutes max.). The handout shall be submitted via Email until Monday, 4 April 2011 to matthias.niedobitek@phil.tu-chemnitz.de Exam: Term paper (15 pages) on a subject of the courses (to be determined individually) Submission of the term paper: via Email to matthias.niedobitek@phil.tu-chemnitz until Monday, 16 May 2011.
Language of instruction
English
Further comments (probably available only in Czech)
Study Materials
The course is taught only once.
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