Dispute Resolution in the European Union 4003-115rsue
The objective of the lecture is to provide students with specialist knowledge on the structure of the judicial system of the European Union and on resolution of disputes relating to Community Law from the perspective of both national and Community Law. After completing the course students should know in which cases a dispute can be resolved before courts in Luxembourg, and in which cases a dispute relating to Community Law should be resolved before national courts. After completion of the course its participants should also be familiar with all kinds of complaints admissible before the European Court of Justice and the Court of First Instance, know the details of preliminary reference procedure before national courts and be able to use pertinent sources of law.
After Poland’s EU accession on 1 May 2004 problems relating to application and enforcement of Community Law gained practical importance. The Treaty establishing the European Community and the Treaty establishing European Union provide for specific procedures within whose frames individuals, Member States and European institutions can enforce rights resulting from Community Law provisions. An important role is also played by national courts who have the duty to protect the rights of individuals derived from the system of Community Law. During the lecture students are made familiar with the structure o the Community system of legal protection. Composition and competencies of the ECJ and SFI are discussed, as well as basic procedures provided for by the TWE and TUE, the ECJ case-law relating to application of Community Law by national courts, including the principles of effectiveness, non-discrimination and State liability for infringement of Community Law. Special attention is paid to the procedure of preliminary reference which has a specific place within the system of legal protection of the EU and is also important from the perspective of protection of rights of individuals. Participants will be required to read selected literature and be familiar with the ECJ judgments indicated in advance.
Lecture combined with discussion among the lecturers and students.
lecture - 15 h
preparation to the lecture - 15 h
preparation to the exam - 30 h
total - 60 h
Type of course
After completing the course the students will:
– know the terminology applied in the field of law,
– have advanced knowledge of law,
– have basic knowledge of the organisation of the European Union,
– know selected European institutions and their rules of operation,
– know the legal order of the European Union,
– know the relations between European law, public international law and national law,
– have the ability to describe and analyse legal problems,
– have the ability to perform a critical analysis of a legal text,
– be aware of the importance of legal rules,
– be a conscious and responsible citizen.
Written examination (test)
1. Prawo Unii Europejskiej, J. Barcz (red.), Prawo i Praktyka Gospodarcza, wydanie trzecie 2006
2. Prawo instytucjonalne Unii Europejskiej, M. Kenig – Witkowska (red.), wydawnictwo C.H. Beck 2006
3. EU Law, Text, Cases and Materials, P. Craig & G. de Burca, Oxford University Press 2003
Information on level of this course, year of study and semester when the course unit is delivered, types and amount of class hours - can be found in course structure diagrams of apropriate study programmes. This course is related to the following study programmes:
Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system: