QUESTIONS FOR THE SECOND SESSION

1. Focus on the reasons why the Court of Justice of the EU (CJEU) decided in its Opinion 2/13 that
the accession to the European Convention on Human Rights (ECHR) was incompatible with EU law.

2. Read pages 43-53 of the Avotiŋš judgment and try to identify what is the European Court of Human
Rights’ view on (in) compatibility of the EU law with ECHR. What does the so-called Bosphorus
presumption refer to?

3. Read paras 87-93 of the CJEU judgment in Commission v. Hungary (C-66/18) and be prepared to
explain what the CJEU says with regard to international law.

4. Please focus on the reasons why the CJEU decided in its Achmea judgment that certain provisions
of the treaty between Slovakia and the Netherlands concerning the protection of investments are
incompatible with EU law.

5. Please explain the crux of the debate regarding the relationship between EU law and the European
Energy Charter in the Greepower and Obton v. Spain award (the link to the Kluwer Law Arbitration
blog).

Thank you.

Zdeněk Nový