Judicial Process in the EU

Course taught by Tamara Ćapeta (tcapeta@pravo.hr)

Professor of EU Law

University of Zagreb

Faculty of Law

 

Offered in following Programmes:

AMES - Advanced Master of European Law

Master of Law (5th year)

 

 

2012 classes start on Monday, 15 October at 19.00 hours.

Classes will regularly take place on Mondays in Cirilometodska street, room No IV. 

 

EXAM QUESTION IS POSTED AT THE BOTTOM OF THE PAGE!!!!!


 

 

Course Pack 2012

 

Recommended literature

 


Unit I - Who are European Judges?

(Monday, 15 October 2012, at 19.00)

 

Learning outcomes

Students will be capable to:

- understand the internal organization and the ways of internal functioning in the European Court of Justice;

- understand the reasons of such organization and to discuss its drawbacks;

- understand the concept of limited jurisdiction of the Court and know the basic headings of its jurisdiction;

- understand the reasons and modes of making national courts of the EU Member States the part of the EU judiciary

 

Preparation for class:

 


 

Unit II - What do judges do?

(Monday, 22 October at 19.00)

 

Learning outcomes

Students will be capable to:

- understand the role of judges in law-creation

- be able to discuss legitimacy of judicial law-creation

- be able to read decisions of European court taking into consideration role of judges in the development of legal rules

 

Preparation for class (obligatory reading):

Further reading (optional reading):


Thuersady - 25 October - PUBLIC LECTURE

 Invitation to join public lecture by Mr Ivan Crnčec, Assistant Minister of Justice, about the Chapter 23 in the negotiations for Croatian membership in the EU. Within Chapter 23, negotiation concentrated, inter alia, on the capacity of the courts to function properly in the European Union.

 

 


Unit II - Guest Lecturer - Organization and Methods of Work of the Court of Justice

(Monday,  29 October 2012 at 19.00)

 

Lecture by Mr. Marko Ilešić, Judge at the Court of Justice of the European Union


 

Unit II B - Jurisdiction of the European Court of Justice

 (Monday, 5 November 2012)

 

 Learning outcomes

Students will be capable to:

- understand the role of the European Court of Justice in the EU legal order

- understand different headings of the jurisdiction of the Court and their purpose

- be able to discuss legitimacy of judicial law-creation by the ECJ

- be able to read decisions of European court taking into consideration role of judges in the development of legal rules

 

Preparation for class (obligatory reading):

Background reading:


 

Unit III - Enforcement Actions against Memeber States

 (12 and 19 November 2012)

 

Learning outcomes

Students will be capable to:

- understand the purpose of the enforcement actions against Member States

- recognize the weaknesses of this procedure, especially for the protection of rights of individuals

- decide how to use this procedure as lawyers

- understand and discuss changes introduced by the Lisbon Treaty

 

 

Preparation for class (obligatory reading):

 

Further reading (optional reading):

Background reading:


Unit IV - Judicial Review of EU law

DEAR CLASS, ON MONDAY, 10 DECEMBER, WE START wWITH OUR CLASS IN USUAL TIME. WE WILL DISCUSS NEW CASES DECIDED BY THE GENERAL COURT IN RELATION TO LISBON CHANGES TO THE PROCEDURAL LEGITIMATION OF INDIVIDUALS TO INTRODUCE DIRECT ACTION FOR ANNULMENT.

PLEASE, READ AND BRING WITH YOU TO CLASS THE RELEVATN CASES (Inuit, Microban, Eurofer).

 

(26 November and 3 and 10 December 2012)

 

Learning outcomes

Students will be capable to:

- understand the purpose and political problems involved in judicial review

- understand direct and indirect ways of challenge to EU acts

- understand how have these procerdures changed in the judicial prectice and the reasons for it

- decide how to use this procedure as lawyers

- understand and discuss changes introduced by the Lisbon Treaty

 

 

Preparation for class (obligatory reading):

 

Further reading (optional reading):

Background reading:

 

  

 

 

Guest Lecturer - Mr. Miro Prek, Judge at the General Court

(17 December 2012, at 18.00 in Cirilometodska street, room 4) - Jurisdiction and organization of the General Court

(18 December 2012 at 10.00 in Cirilometodska street, room 4) - Access to EU Courts

 

Both classes are part of the programme of this course.

Here, you may find the invitation to Mr. Prek's classes.

 

Download here the materials for the class on Tuesday, 18 December.

 


HAPPY NEW YEAR !!!!

 

Just a reminder about the classes. We do not have a class, on Monday, 7 Janary. We continue on Monday, the 14th at usual time (7 p.m.). You will find the materials bellow.

 


Unit VI, VII and VIII - National Courts in EU Judicial Order

Fundamentals Revisited

 (14 january 2013)

Direct Effect, Supremacy and Interpretative Effects

 

Learning outcomes

Students will be capable to:

- understand judicial development of concept of direct effect

- understand the impact of that concept on the powers of the Member States' courts

- think critically about the concept of direct effects

- understand the developments beyond direct effect, such as incidental effect

- understand judicial development of concept of supremacy

- understand the impact of that concept on the powers of the Member States' courts

- understand constitutional difficulties related to judicial application of supremacy

- understand judicial development of interpretative obligation of national courts

- understand the impact of that concept on the powers of the Member States' courts

- discuss about the limits of such obligation

 

 

Preparation for class (obligatory reading):

 

Optional reading:

 

 

 


Unit V - Preliminary Ruling Procedure on Interpretation

(21 January 2013)

 

THE CLASS STARTS AT 5 P.M. (NOT AT 7 P.M.) !!!!!!!

Read the cases CIA, Unilever and Kucukdeveci and be prepared to discuss them in class.

 

Learning outcomes

Students will be capable to:

- understand the purpose of the preliminary ruling procedure

- understand how and why was the procedure adjusted in the judicial practice

- understand how to use this procedure as a lawyer for the benefit of a client

- understand how to use this procedure as a judge

 

 

Preparation for class (obligatory reading):

 

  • Course Pack - Unit 5
  • Note to National Courts - read the Note before coming to the class, and have it with you. In class, you will be asked to writte a reference to the ECJ based on the hypothetical situation
  • hypothetical case

 

Further reading (optional reading):


You are invited to:

 

Prof. Petros Mavroidis
European University Institute, Florence; Columbia University; University of Neuchatel
Litigation strategies - Choosing a level of involvement in a WTO dispute (complainant, third party, amicus)
&
Prof. Tamara Ćapeta
University of Zagreb
Litigation strategies of EU Member State before the CJEU
23 January 2013 (Wednesday), 10.30-12.00
Ćirilometodska 4, classroom no. I

 


 

Repetitorium

 

(28 January 2013 at 17.00 h)

 


EXAM

 

Take-home exam will take place from Friday, 1 February 2013 at 12.00 to Monday, 4 February at 10.00 a.m.

 

Download here the questions and the instructions for the exam.

 

Part of the exam consists in drafting preliminary reference to the Court in the hypothetical case, placed under Unit V. In drafting the reference, you should use the Instructions of the Court to the national courts (Note to national courts, for which the link is also provided under Unit V), Thank you. I have received the references from all of you.

 

Your final grade shall consist of three parts - you attendance and activity in classes, preliminary reference, and the answer to the take-home exam essay question.

 

 


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