Constitutional Foundations of the European Law

Lecturers:

doc. JUDr. Naděžda Šišková, Ph.D.

JUDr. Vávlav Stehlík, LL.M., Ph.D.

Mgr. Ondrej Hamuľák

Aim of the course

The Course held in English. Aim of the course is to provide students with the main questions of the EU Law, its character, application, law-making process, relation and tension between the EU law and national law of member states, the institutional basis of the EU and the composition, tasks and powers of several bodies, some questions related to the institute of the European citizenship and some reflections on the EU human rights policy and legal protection.

Topics of lectures

Introduction. An outline of the historical development of the European Communities and European Union. Basic terms of European Law. Fundamental Treaties - Overview.

Institutions of the EC. Composition, powers.

Scope of the EC Treaty. Sources of European law. EC/EU competences. Law-making procedures.

Application of EC/EU law. Principle of supremacy of EC law from the Community and national perspective.

Application of EC/EU law. Principles of direct applicability, direct effect and indirect effect.

Application of EC/EU law. Application of EC/EU law in selected Member States.

European Judicial System. Direct actions.

European Judicial System. The preliminary rulings procedure.

Liability for the breach of EC/EU Law. State liability and remedies in national courts. Community liability in tort - actions for damages.

EU and Europeans. EU citizenship. EU human rights policy, institutional basis of the human rights protection.

EU and Europeans. The evolution of the Community doctrine of fundamental rights. Charter of Fundamental Rights of EU, present status, possible enforcement and future prospects.

The basic issues of the external relations law. Associations agreements, approximation of laws in external relations.

Literature

Craig, P., de Búrca, G.: EU Law - Text, cases and materials, 3rd ed.,Oxford UP, Oxford 2003
Hartley, T., C.: The Foundations of European Community Law, Sweet and Maxwell, London, 1994.
Steiner, L., Woods, L., Twigg-Flesner, Ch.: EU Law, Oxford UP, Oxford 2006.
Lenaerts, K., Nuffel, P.,V.: Constitutional Law of the European Union, Sweet and Maxwell, Lonodn 2005.

Rudden, B.: Basic Community Cases, Claredon Press, Oxford 1995
Verladsgesellschaft,Kapteyn, P.: Introduction to the Law of the European communities, Kluwer Law International, London, 1998.

Koutrakos,P.: EU International Relations Law, Hart Publishing,Oxford 2006

Weatherill, S.: Cases and Materials on EC Law, Blackstone Press Limited, London 1993.