Jurisdiction and the Role of the CJEU 2018-2019

 

Teaching Units

 

Unit 1 - The Role of the courts in contemporary societies

Tuesday, 16 October 2018

 

Aim:

- to discuss the question why do we have courts in our societies;

- to discuss question what do courts do in today societies;

- to discuss questions of legitimacy of the courts;

 

Reading:

There is no reading assignment for this first class.

However, after class, you are invited to read the extract from Mauro Cappelletti's book 'Judicial Process in Comparatvie Perspective' on: 'The law-making powers of the judges and their Limits' (1989)

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Unit 2 - The EU judiciary composed of the courts at the EU level and each domestic court in the Member States

Tuesday, 23 October 2018

 

Aim:

- to discuss why and how have national courts become part of EU judiciary

- to repeat the concepts which involved national courts in judicial application of EU law

 

We will also 

- discuss the procedure by which the judges are nominated as justices of the CJEU and to compare this to domestic procedures

- discuss how is the CJEU organised internally and compare this with other high jurisdictions

- have presentation about the main heads of jurisdiction of the CJEU

- discuss, in the light of the discussions we had in the first class, what powers which are usually attributed to courts, the CJEU has

- discuss the methods of decision-making at the CJEU 

- make the first assessment of the importance of the CJEU for the development of the EU legal order and EU policies

 

As a preparation for the class, think about the following issues:

Try to explain the following statmenet: EU judiciary consists of the courts at the EU level and each court of each Mermber State. 

How and why were domestic courts of the Member States made part of EU judiciary?

What were the basic principles, developped by the ECJ, which made domestic courts inevitable part of EU judiciary?

How is, in big lines, the jurisdiction delimitted between the ECJ and the national courts?

Does supremacy of EU law, as understood by the ECJ, create loyalty problems for national courts?

The relationship between the ECJ and the national courts of constitutional jurisdiction - is the concept of constitutional pluralism helpfull in either descriptive or normative terms?

 

Reading for the class:

case Dominguez - please, bring this case with you to the class (printed or on your laptops or mobile phones). We will use it to repeat direct and indirect effect of EU law and to talk about the structure of the ECJ decisions

PPT presentation

- Have a look at the Treaties Article relating to the Court (Article 19 TEU; Articles 251-281 TFEU) - here is the link to all documents related to the Court, including the Teaties
 

Background reading

T. Ćapeta, 'EU Judiciary in Need of Reform?', in: Research Hanbook on EU Institutional Law (2016)

 

 

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Unit  3 - The Court of Justice through the eyes of the judes 

 

Monday, 29 October and Tuesday, 30 October 2018 at 17.00

Venue: Trg republike Hrvatske, 2nd floor

 

IMPORTANT!!!! - To adjust to our guest lecturers, this Unit will take place in the afternoon, from 17.00 in the differemnt venue. The lectures will be held in the main Faculty building, Trg Republike Hrvatske 14, in Faculty Council Room, second floor. 

 

For this lecture, we will have two guests, both judges of the Court of Justice of the EU:

 

On Monday, 29 October, lecture will be given by Prof. Dr. Siniša Rodin, Judge at the Court of Justice of the European Union

Judge Rodin will talk about the role of the Court in safeguarding the rule of law 

 

On Tuesday, 30 October, lecture will be given by Professor Marko Ilešič, Judge at the Court of Justice of the European Union

Judge Ilešič will give you the overwiev of how the Court works in practice, using as the examples mostly the cases related to the intenrla market

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THERE IS NO CLASS ON TUESDAY, 6 NOVEMBER .

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INVITATION

Dear class,

the University of Zagreb has the honour to host Mr Thomas Rørdama, President of the Supreme Court of Denmark. 

 

On Monday, 12 November 2018, he will give a lecture entitled "The Role of the Judiciary in Preserving the Rule of Law”,

The lecture will start at 16.00 in Aula of the University of Zagreb, Trg Republike Hrvatske 14 (groundfloor to the left)

 

You are all invited to participate in this lecture. 

However, our regular classes will take place on Tuesday, 13 November

 

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THERE ARE NO CLASSES ON 13 NOVEMBER, AS THIS IS THE EXAMINATION WEEK!!

FOR THIS REASON, UNIT 4 AND 5 WILL BOTH BE DISCUSSED ON 20 NOVEMBER!!!

PLEASE, PREPARE FOR THE CLASS ON 20 NOVEMBER BY READING THE ARTICLE OF KAREN ALTER, AS WELL AS MATERIALS RELATING TO THE INFRINGMENT PROCEEDINGS.

THE CLASS WILL LAST TILL 12.30!

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Unit 4 - Policy Role and the Legitimacy of the CJEU

Tuesday, 20 November 2018

 

Aim:

- to discuss how does the Court participate in policy-making

- to discuss legitimacy of Court's participation in policy making

 

Reading:

- K. Alter, 'Judicial Politics in the European Community' (1994) - text available at google docs

 

Background reading:

K. Lenaerts, 'The Court's outer and inner selv es: Exploring the External and Internal Legitimacy of the Europan Court of Justice', in: Judging Europe's Judges (2013)

 

 

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Unit 5 - Infringment proceedings

20 November 2018

 

Aim:

- to learn about the procedure that enables the judicial control of the Memeber States under the EU law

- to discuss how and why has this procedure changed through practice

 

Reading:

- Class materials - Infringement Procedure (available at google docs)

C-265/95 Commission v France (Spanish strawberries)

C-304/02 Commission v France (Small fish)

 

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Unit 6 - Importance of the CJEU from the perspective of member states 

Tuesday, 27 November 2018 at 10.00 as usual

 

Guest lecturer: Christian Thorning, Abassador of the Kingdom of Denmark to Croatia

 

 

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Unit 7 - General Principles in front of the CJEU

Tuesday, 4 December 2018

IMPORTANT!!! - Ths lecture will take place at 17.00 hours, instead of 10.00!! It will take place in classroom Number 7, second floor i Cirilometodskla street.

 

Guest lecturer: Professor Takis Tridimas, King's College, London

 

Reading:

case C-216/18 PPU LM

article by Professor Tridimas (in google docs)

 

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Unit 8 - Preliminary Ruling Procedure

11 December  2018

 

Aim:

- to learn about the purpose and the organisation of the preliminary euling procedure concderning interpretation of EU law

- to understand the relationship between the ECJ and national courts under this procedure

- to understand the importance of this procedure for the development and functioning of EU law 

- to discuss how and why has this procedure changed through practice

 

Reading:

- Class materials - Preliminary Ruling Procedure (available at google docs)

- 166/73 Rheimuhlen

- 244/80 Foglia v Novello 2

- 283/81 CILFIT

 

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HOMEWORK - Drafting a request for preliminary ruling

As part of your grade, you have to draft a preliminaty reference.

It is to be drafted on the basis of the hypothetical case, to be found on this link.

The reference is due by 15 January 2019, when we will have our last class, and is to be sent to the following address: tcapeta@pravo.hr

 

When drafting your reference, use the Recommendations by the ECJ to national courts - to be found on this link. This is an individual task. It is, therefore,prohibited to communicate on it with you colleagues, or to have somebody else write it for you. The breach of these rules will result in failure of the exam without the possibility of retaking it.

Have fun!

 

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Unit 9 - Review of validity of EU law - Direct and Indirect Review

 15 January 2019 

 

Aim: 

- to understand the Court power to review validity of EU acts

- to learn how were the provisions regulating direct action interpreted in the case-law

- to learn how were the provisions governing the preliminary ruling in validity interpreted in case law

- to discuss and critically assess that case law in order to undertstand the reasons for the changes introduced by the Lisbon Treaty

 

Reading:

- class-materials - Judicial Review of EU Law (available at google doocs)

- case Plaumann (read from the materials) 

- case Foto-Frost

- Opinion of AG Jacobs in case UPA

- Judgment of the ECJ in case UPA

 

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Unit 10 - Changes to the rules relating to standing of individuals and the relationship between direct and indirect review of EU law

22 January 2019

 

Aim:

- to learn how the changes in standing rules were interpreted by the CJEU

- to discuss whether such interpretation addresses criticism discussed in the previous class

- to understand the relationship between direct and indirect ways of challenge of EU norms and to be able to decide which way to take in real-life situations

 

Reading:

- class-materials - Judicial Review of EU Law (available at google doocs)

- case Inuit (from materials) 

- case Telefonica

- case TWD

 

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