The system of legal protection in the European Union 2102-BW-M-Z4SUE-Z-OG

The aim of the course is to learn and understand how the activities of participants in legal relations are protected in the European Union in the manner prescribed by European Union law and for the implementation of applicable legal acts. This topic is analyzed from the perspective of European Union bodies, public authorities of the Member States, and individual rights.
The course examines the EU system of sources of law and the principles of its interpretation. The structure of the European Union's legal protection bodies and the legal consequences of violations of European Union law are analyzed.

1. Sources of European Union Law
Primary law of the European Union. Secondary law of the European Union: binding and non-binding. Case law of the Court of Justice. Acts of domestic law.
2. Principles of the application of European Union law
Principle of primacy. Principle of direct effect. Principle of indirect effect. Principle of Member State liability for violations of EU law.
3. System of European Union legal protection bodies
Concept of legal protection. Legal protection measures. Legal protection bodies: Court of Justice of the European Union – Court of Justice, General Court, specialized courts. 4. Court of Justice of the European Union
The Court of Justice, the General Court, and the European Union Civil Service Tribunal – scope of jurisdiction and composition. The role and nature of the case law of the Court of Justice.
5. Procedure before the Court of Justice
Parties and participants in the proceedings. The written procedure and its stages. The oral procedure and its stages. The preliminary ruling procedure. Burden of proof. Evidence limitation in proceedings before the Court of Justice. Burden of proof. Language of the proceedings. Types of judgments of the Court of Justice. Appeal procedure (appeal and review). Costs of proceedings. Procedure for enforcing judgments of the Court of Justice.
6. Action against a Member State under Articles 258-260 TFEU
Legal basis of the action. Subject matter of the action under Articles 258, 259, and 260 TFEU. Stages of the procedure. Subjects of the proceedings – standing to bring and standing to be heard. Judgment. The difference between proceedings initiated by the Commission and those initiated by a Member State.
7. Action for annulment of an act of an institution, body, office, or agency of the European Union under Article 263 TFEU
Legal basis of the action. Nature and subject matter of the action under Article 263 TFEU. Actionable acts (nature of acts of secondary law not binding). Personal scope of the action – entities with active and passive legitimacy. Formal requirements of the action. Grounds for annulment. Deadline for filing an action. Burden of proof. Effects of a judgment under Article 263 TFEU.
8. Action for failure to act by an institution, body, office, or agency of the European Union
Legal basis of the action. Nature and subject matter of the action. Personal scope of the action – entities with active and passive legitimacy. Concept of unlawful inaction. Burden of proof. Effect of the judgment.
9. EU action for damages
Legal basis of the action. The nature and scope of the complaint. Types of liability: contractual liability, tortious liability. Conditions of tortious liability. The subjective scope of the complaint – entities with active and passive legitimacy. Limitation period. Effect of the ruling.
10. Procedure for referring preliminary questions
The legal basis for preliminary questions. The function of preliminary questions. Requests from a national court of a Member State for a preliminary ruling. The concept of a court and a court of last instance. The subject matter of the preliminary question. The doctrine of acte clair and the doctrine of acte eclaire. Effects of a preliminary ruling.
11. European Ombudsman
The origins and nature of the EOPO institution, scope of competences and forms of action.
12. European Public Prosecutor's Office
The origins and nature of the European Public Prosecutor's Office, material, territorial and personal jurisdiction, and forms of action. 13. The Constitutional Jurisprudence of the European Union
Doctrinal Hypotheses and Theses
14. The Protection of Fundamental Rights in the European Union
The protection of fundamental rights as general principles of law. The evolution of fundamental rights. The Charter of Fundamental Rights. Application of the Charter of Fundamental Rights.

The aim of the course is to learn and understand how the activities of participants in legal relations are protected in the European Union in the manner prescribed by European Union law and for the implementation of applicable legal acts. This topic is analyzed from the perspective of European Union bodies, public authorities of the Member States, and individual rights.
The course examines the EU system of sources of law and the principles of its interpretation. The structure of the European Union's legal protection bodies and the legal consequences of violations of European Union law are analyzed.

1. Sources of European Union Law
Primary law of the European Union. Secondary law of the European Union: binding and non-binding. Case law of the Court of Justice. Acts of domestic law.
2. Principles of the application of European Union law
Principle of primacy. Principle of direct effect. Principle of indirect effect. Principle of Member State liability for violations of EU law.
3. System of European Union legal protection bodies
Concept of legal protection. Legal protection measures. Legal protection bodies: Court of Justice of the European Union – Court of Justice, General Court, specialized courts. 4. Court of Justice of the European Union
The Court of Justice, the General Court, and the European Union Civil Service Tribunal – scope of jurisdiction and composition. The role and nature of the case law of the Court of Justice.
5. Procedure before the Court of Justice
Parties and participants in the proceedings. The written procedure and its stages. The oral procedure and its stages. The preliminary ruling procedure. Burden of proof. Evidence limitation in proceedings before the Court of Justice. Burden of proof. Language of the proceedings. Types of judgments of the Court of Justice. Appeal procedure (appeal and review). Costs of proceedings. Procedure for enforcing judgments of the Court of Justice.
6. Action against a Member State under Articles 258-260 TFEU
Legal basis of the action. Subject matter of the action under Articles 258, 259, and 260 TFEU. Stages of the procedure. Subjects of the proceedings – standing to bring and standing to be heard. Judgment. The difference between proceedings initiated by the Commission and those initiated by a Member State.
7. Action for annulment of an act of an institution, body, office, or agency of the European Union under Article 263 TFEU
Legal basis of the action. Nature and subject matter of the action under Article 263 TFEU. Actionable acts (nature of acts of secondary law not binding). Personal scope of the action – entities with active and passive legitimacy. Formal requirements of the action. Grounds for annulment. Deadline for filing an action. Burden of proof. Effects of a judgment under Article 263 TFEU.
8. Action for failure to act by an institution, body, office, or agency of the European Union
Legal basis of the action. Nature and subject matter of the action. Personal scope of the action – entities with active and passive legitimacy. Concept of unlawful inaction. Burden of proof. Effect of the judgment.
9. EU action for damages
Legal basis of the action. The nature and scope of the complaint. Types of liability: contractual liability, tortious liability. Conditions of tortious liability. The subjective scope of the complaint – entities with active and passive legitimacy. Limitation period. Effect of the ruling.
10. Procedure for referring preliminary questions
The legal basis for preliminary questions. The function of preliminary questions. Requests from a national court of a Member State for a preliminary ruling. The concept of a court and a court of last instance. The subject matter of the preliminary question. The doctrine of acte clair and the doctrine of acte eclaire. Effects of a preliminary ruling.
11. European Ombudsman
The origins and nature of the EOPO institution, scope of competences and forms of action.
12. European Public Prosecutor's Office
The origins and nature of the European Public Prosecutor's Office, material, territorial and personal jurisdiction, and forms of action. 13. The Constitutional Jurisprudence of the European Union
Doctrinal Hypotheses and Theses
14. The Protection of Fundamental Rights in the European Union
The protection of fundamental rights as general principles of law. The evolution of fundamental rights. The Charter of Fundamental Rights. Application of the Charter of Fundamental Rights.

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