BASIC INFORMATION ABOUT THE COURSE
Taught by (in academic year 2022/23): Assistant Lecturer Davor Petrić
When: summer term of the fifth year of integrated programme in law
Schedule: 30 teaching hours divided in 10 units
Credits: 4 ECTS
Course requirements: preparation for classes and regular attendance
In order to get a positive grade in this course, students need to:
- attend in person at least 70% of classes (attendance will be regularly checked)
- complete homework
- draft a request for preliminary ruling
- pass the final written exam
TIME AND VENUE
In 2022/23 classes will take place in person. They will take place on Wednesdays, from 9:00 to 11:00.
The classes will start on 22 February 2023.
They will be held in Ćirilometodska 4, lecture room I (ground floor).
Objective of the course
To transfer the knowledge and to develop critical thinking about the methods of work and the jurisdiction of the Court of Justice of the EU, as well as about the division of competences between European and national judiciary.
By successfully mastering the course, the students will understand the organization of EU judiciary and the importance of the Court of Justice in the interpretation and development of EU law. This will make reading of the case law easier and will enhance its understanding. In all teaching units, the course aims at developing the abilities of critical thinking about the reasoning of the courts, their relationship with other institutions of the government, as well as critical appraisal of particular cases.
Selection of topics to be covered in class:
- Internal organization and the methods of work of the CJEU
- Law-creative role of courts generally and of the CJEU particularly
- Rule of law and the role of courts
- Judicial review of EU law – main types of procedure and conceptual problems
- Interrelationship between direct and indirect procedures for judicial review of EU law
- Infringement procedure against Member States
- Representing parties before the CJEU
- Cooperation between the Court of Justice and national courts – preliminary ruling procedure
- Preliminary ruling procedure in practice: How to draft a request for preliminary ruling
- Relationship between the Court of Justice and the constitutional and supreme courts of the Member States: Recent developments (ultra vires review of EU law)
LINK to e-learning site Merlin
(with teaching and reading materials)
(course ID: 2223-171405-6621; login with AAI electronic identifier)