EU Institutional Law 2105-EPE-L-D4EUIL

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 2024L:

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 2025L:

Mode

Classroom

Prerequisites (description)

Students should be familiar with the history of European integration, the EU institutions, and the sources of EU law.

Course coordinators

Karolina Boiret

Learning outcomes

The graduate knows and understands the origins, stages of development and evolution of European integration, with particular emphasis on the role of law in the integration process and in the functioning of the European Union and its institutions - K_W05
The graduate knows and understands the specific nature of European Union law as an autonomous legal order, including the Union method, the objectives and values of the EU, and the significance of the principle of the rule of law in the EU legal system and in the legal orders of the Member States, in particular Poland - K_W07
The graduate knows and understands the general principles of EU law governing the adoption and application of law as well as the relations between the European Union and the Member States, including the principles of conferred competences, subsidiarity, proportionality, institutional balance, loyalty and effectiveness - K_W12
The graduate is able to analyse and interpret the mechanisms ensuring the effectiveness of European Union law, including the principle of primacy, direct effect (including of directives), indirect effect, and the liability of Member States for damage caused by breaches of EU law, taking into account the case law of the Court of Justice of the European Union - K_U06
The graduate is able to identify, describe and compare the instruments of judicial protection in the EU legal system, in particular the preliminary ruling procedure and actions before the Court of Justice of the European Union (infringement proceedings, actions for failure to comply with a judgment, actions for annulment, actions for failure to act, and actions for damages), taking into account their functions, conditions and legal effects - K_U10
The graduate is prepared to critically assess the actions of the institutions of the European Union and the Member States from the perspective of the rule of law, the effectiveness of EU law and the protection of individual rights, and to apply this knowledge responsibly in professional practice - K_K02

Assessment criteria

Written exam
Extra credits for active participation

Regarding the use of AI tools: Level 1. NO AI (The verification of learning outcomes is carried out entirely without the assistance of artificial intelligence. Students rely solely on their own knowledge, understanding, and skills. Artificial intelligence may not be used at any stage of the assessment.)

Bibliography

Required reading:
Koen Lenaerts (2011), European Union Law, Sweet & Maxwell
Artur Kuś (ed.) (2013), Introduction to European Union Institutional Law, Wydawnictwo KUL
Supplementary reading:
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