MVV144K Judicial Law-making in the EU

Faculty of Law
Spring 2014
Extent and Intensity
0/1. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Matej Avbelj (seminar tutor), JUDr. Jiří Valdhans, Ph.D. (deputy)
Supervisor
JUDr. Jiří Valdhans, Ph.D.
Department of International and European Law - Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Department of International and European Law - Faculty of Law
Timetable of Seminar Groups
MVV144K/01: Mon 7. 4. 16:40–18:10 136, 18:15–19:45 136, Tue 8. 4. 15:05–16:35 208, 18:15–19:45 215, Wed 9. 4. 13:30–15:00 124, 18:15–19:45 133
Course Enrollment 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 30 student(s).
Current registration and enrollment status: enrolled: 11/30, only registered: 0/30
Fields of study the course is directly associated with
there are 31 fields of study the course is directly associated with, display
Course objectives
The course will enable the students to understand and explain the most recent landmark decisions of the CJEU and their reception by the highest national judicial authorities as well by other relevant actors. The students will be able to critically evaluate the development of the case-law, predict its evolution in the future and produce normative proposals for its improvement. Finally, the students will come to grips with the most important techniques of judicial law-making and will acquire theoretical and practical skills for successful lawyering in the EU judicial system.
Syllabus
  • I. Session 1 Mon 16.40 – 18.10. »Constitutional Principles«
  • - Case C-285/12 Diakite
  • - Case 106/77 Simmenthal
  • - Joined C-10/97 to C-22/97 IN.CO.GE '90
  • - Case C-399/11 Melloni
  • - Case C 176/12 Association de Mediation Sociale
  • II. Session 2 Mon 18.15 – 19.45. »Cases of Incompliance and Ensuring Compliance with EU Law«
  • - German Constitutional Court in Honeywell
  • - Case C-399/09 Landtova
  • - Czech Constitutional Court in case Holubec
  • - Case C-292/11 Commission v Portugal
  • III. Session 3: Tue 15.05 – 16.35. »The Economic Crisis«
  • - Case C- Pringle case
  • - Reference for a preliminary ruling from BVerfG
  • IV. Session 4: Tue 18.15 – 19.45: »Citizenship«
  • - Case C-413/99 Baumbast
  • - Case C-571/10 Kamberaj
  • - Case C-256/11 Dereci
  • - Case C-423/12 Reyes v Migrationsverket
  • V. Session 5: Wed 13:30 -15:00: »Common Market«
  • - Case C-158/04 and C-159/04 Greek bakery
  • - Case C-110/05 Italian trailers
  • - Case C-578/10 and C-580/10 Dutch cars
  • - Case C-539/11 Italian opticians
  • VI. Session 6: Wed 18:15 – 19:45: »Anti-Terrorism«
  • - Opinion of AG Maduro - Case Kadi II
Literature
  • Literature information included in Teacher's Information
Teaching methods
The teaching will be based on a Socratic method, which requires preparation before the class and active participation in the class. There will be two types of reading materials: background reading, shedding a general light on the topics to be discussed, and concrete cases to be analyzed and discussed in the class.
Assessment methods
full attendance, active participation and passing of a written exam dedicated to the critical analysis of a selected case-study
Language of instruction
English
Further comments (probably available only v češtině)
The course is taught only once.
Teacher's information
This is an advanced course in EU Law focusing on the most recent examples of judicial law-making in the European Union. Its main objective is to critically analyze the recent case-law of the Court of Justice of the European Union (CJEU), as well as to study the response of its national counterparts. The focus will be on two types of cases. The first set of cases will encompass the judicial decisions that have served as precedents for the construction of the European legal system. The second branch of cases will consist of the rulings that have been perceived as highly controversial either in the expert or academic communities, both national and supranational. The examples will be taken from the most recent jurisprudence of the CJEU in the fields of constitutional principles, EU citizenship, common market, anti-terrorism and the economic crisis. But the cases might be added also from other substantive areas.

Literature:

Background reading

Craig, de Burca, EU Law: Text, Cases and Materials (OUP, 2011).

Chalmers et al: European Union Law: Cases and Materials (CUP, 2010)

Case-law

TBA and disseminated to students a few weeks before the course


  • Enrollment Statistics (recent)
  • Permalink: https://is.muni.cz/course/law/spring2014/MVV144K

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