DOPVPM11 Court Decision from the cross-border perspective

Faculty of Law
Spring 2021
Extent and Intensity
0/0/0. 3 credit(s). Type of Completion: k (colloquium).
Guaranteed by
doc. JUDr. Jiří Valdhans, Ph.D.
Department of International and European Law - Faculty of Law
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.
fields of study / plans the course is directly associated with
Course objectives
The decision of a state court constitutes a manifestation of state sovereignty. Its effects are therefore in principle limited only to the territory of the State whose court has issued the decision. If the creditor wishes to apply the decision in the territory of another state, he must undergo the recognition and enforcement process. The aim of the course is to analyze the conditions for the recognition of court decisions, primarily according to the origin of the decision, ie whether it is a decision from an EU Member State or a third State, which also affects the source of recognition, ie international treaty, EU legislation or national legislation, or according to the type of case in which the decision was delivered (a general private question with an international element or a specialized question such as a succession or insolvency case). The course will examine the answer to the question whether territoriality and the related concept of recognition is still relevant today, or in which cases.
Learning outcomes
Students will be able to identify the relevant legal regulations for the recognition and enforcement of a foreign court decision, interpret it and apply it in a specific situation. In addition, he / she will be able to consider whether the requirement of recognition resulting from the principle of territoriality is a relevant requirement today.
Syllabus
  • I. basic (general) case-law of the Court of Justice of EU in the area of freedom, security and justice II. specific case-law in terms of student's specialisation III. new case-law of the Court of Justice of EU in the area of freedom, security and justice
Literature
  • https://curia.europa.eu/jcms/jcms/index.html
Teaching methods
homework, reading, discussion, presentation
Assessment methods
Discussion on the topics chosen at the beginning of the semester realized after studying the literature and case law.
Language of instruction
Czech
The course is also listed under the following terms Spring 2022.
  • Enrolment Statistics (recent)
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