EU Institutional Law 2105-EPE-L-D4EUIL

The background, establishment and evolution of the European Integration with special focus on the European law’s role in the development of the integration and the functioning of European institutions. The specificity of the EU law as a legal order of its own. The Union method as a means of guaranteeing and furthering the integration. The Union’s goals and values. The rule of law principle & its application in Poland.
The principles and doctrines governing the processes of adoption and application of EU measures, the functioning of EU institutions and the relationships between the Member States and the EU, including the doctrines of conferral, subsidiarity, proportionality, institutional balance, loyalty, effectiveness, primacy of EU law, direct effect including that of directives, indirect effect, state liability for breaches of EU law. The doctrines will be approached from the standpoint of their foundation, meaning, conditions, function, significance and impact.
The EU judicial order and tools for ensuring compliance with EU law by the Member States and EU institutions, including the preliminary references, enforcement actions against Member States including the infringement procedure and the pecuniary penalties, judicial review of EU law, failure to act, damages actions. Those procedures will be approached from the standpoint of their nature, function, operation, legal standing, conditions, composition, nature of the judgment, specificities.

Term 2023L:

ORDER OF TOPICS
1. European Union’s background, establishment & evolution
2. European Union’s goals, values & the rule of law
3. Principles & doctrines of EU law
4. Conferral of powers
5. Subsidiarity and proportionality
6. Institutional balance
7. Loyalty & effectiveness
8. EU judicial system
9. Preliminary references
10. Primacy of EU law
11. Direct effect of EU law
12. Direct effect of directives
13. Indirect effect
14. State liability
15. Infringement procedure
16. Non-compliance with CJEU judgments
17. Judicial review
18. Failure to act
19. EU’s non-contractual liability

Term 2024L:

Course coordinators

Karolina Boiret

Learning outcomes

the graduate knows and understands the structure, competences and functioning of the European Union and its impact on the member states and their mutual relations K_W05
the graduate knows and understands the basic legal and ethical norms constituting and regulating European social and economic structures and institutions, including the law on the protection of intellectual property and the sources of these norms, their specificity, evolution and impact on human behavior K_W07
the graduate knows and understands the basic scope of knowledge about man and citizen as constituting professional, social, state and supranational structures, his status and rights as well as the principles of functioning in these structures K_W12
the graduate is able to analyze structures and institutions, in particular political, economic, national, supranational and EU ones, in connection with their national and international environment K_U06
the graduate is able to identify and interpret scenarios for the creation and implementation of public policies at the national and supranational level and apply the acquired knowledge to the general diagnosis of the quality of policies pursued by European countries and the European Union K_U10
the graduate is ready to correctly identify and resolve dilemmas related to the profession K_K02

Assessment criteria

Written exam
Extra credits for active participation

Bibliography

Koen Lenaerts (2011), European Union Law, Sweet & Maxwell
Artur Kuś (ed.) (2013), Introduction to European Union Institutional Law, Wydawnictwo KUL
Paul Craig, Gráinne de Búrca (2008), EU law: text, cases and materials, Oxford University Press
Damian Chalmers, Gareth Davies, Giorgio Monti (2010), European Union law: cases and materials, Cambridge University Press
Marios Costa, Steve Peers (2020), Steiner & Woods EU law, Oxford University Press
Nigel Foster (2009), Foster on EU law, Oxford University Press
August Reinisch (2012), Essentials of EU law, Cambridge University Press
Stephen Weatherill (2007), Cases and materials on EU law, Oxford University Press
Ulf Bernitz, Xavier Groussot, Felix Schulyok (2013), General principles of EU law and European private law, Kluwer Law International
Andrea Biondi, Piet Eeckhout, Stefanie Ripley (2012), EU law after Lisbon, Oxford University Press
Paul Craig, Gráinne de Búrca (2011), The evolution of EU law, Oxford University Press
Alina Kaczorowska (2009), European Union Law, Routledge
Diamond Ashiagbor, Nicola Countouris, Ioannis Lianos (eds.) (2012), The European Union after the Treaty of Lisbon, Cambridge
Daniel Augenstein (ed.) (2012), ‘Integration through Law’ Revisited. The Making of the European Polity, Ashgate

Additional information

Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system:

Description of 2105-EPE-L-D4EUIL in USOSweb