BASIC INFORMATION ABOUT THE COURSE
Taught by (in academic year 2021/22): Assistant Lecturer Davor Petrić
When: winter 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, you need to:
- attend in person at least 6 classes (attendance is regularly checked)
- complete homework
- draft a request for preliminary ruling
- pass the final exam (the exam will be open book, based on hypothetical situation(s))
TIME AND VENUE
In 2021/22 classes will take place in person. Exact dates and time will be announced later.
The classes will start on 11 October 2021.
They will be held in Ćirilometodska 4, lecture room VII.
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 delimitation of jurisdiction between European and national level of courts.
By successfully mastering the course, the students will understand the organization of EU judiciary and the importance of the Court of Justice in interpretation and development of EU law. This will make reading of the case law easier and will enhance its understanding. In all the units, the course aims at developing the abilities of critical thinking about the reasoning of the courts, their position in relation to other institutions of 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 European Court of Justice
- Law-creative role of courts generally and of the European Court of Justice particularly
- 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
- Procedure of Opinion on the compatibility of a draft international agreement with EU law
- Relationship between the Court of Justice and the constitutional and supreme courts of the Member States: recent developments (ultra vires review of EU law and the Weiss saga)
(with teaching and reading materials)
(course ID: 2122-171405-6621; login with AAI electronic identifier)