Course Title and Purpose | 1. Course Title EUROPEAN LAW II – EUROPEAN DISPUTE RESOLUTION (Module of Law, optional course) |
| 2. Aims of the Course:
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The
main aim of the course is twofold: a) to introduce European judicial
institutions, and to explain the principles of their functioning, and
b) to analyse principles and patterns of cooperation between national
judicial institutions guided by European rules.
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Course Delivery | 3. Contents:
a) |
About
one third of the course would be devoted to the two main European
judicial institutions – the European Court of Justice and the European
Court of Human Rights. The place of these two courts within the
European system of institutions will be identified. The focus will also
extend to jurisdiction, access to court, range and limits of decisions.
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b) |
About
two thirds of the course will deal with rules and principles
establishing cooperation between national courts. The main focus of
this part is on settlement of private (economic disputes). A particular
emphasis will be given to the Brussels Convention (replaced between
most EU countries by Council Regulation No. 44/2001). Attention will
also be devoted to the Hague Service Convention and to the Hague
Evidence Convention. The specific issues to be analysed shall include
international jurisdiction, recognition of foreign decisions, taking
evidence abroad and service of process. Several class hours will be
devoted to international commercial arbitration in the light of the
1961 European Convention. |
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| 4. Indicative Reading:
A reader will be prepared for students (including cases to be
analysed). In addition, books and collections of studies will be
recommended, including:
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Brown & Jacobs, The Court of Justice of the European Communities, 5th Edition, 2000 |
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K. Lenaerts and D. Arts – Procedural Law of the European Union – 1999 |
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M. Bogdan, The Brussels Jurisdiction and Enforcement Convention, 1996 |
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H.Rasmussen, On Law and Policy in the European Court of Justice. 1986 |
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P. Kempees, A Systematic Guide to the Case Law of the European Court of Human Rights, Vol. III 1998 and Vol. IV 2000 |
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J. Ebbeson, Access to Justice in Environmental Matters in the EU, 2002 |
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| 5. Learning and Teaching Methods:
The
course will be problem-oriented. Learning is guided through 2 hours (or
60 minutes long) weekly lecture and fortnightly tutorials. A
considerable part will be taught with reliance on the Socratic method,
and thus, cases will be discussed and analysed. These cases shall
include:
- with regard to an analysis of Article 6 of the European
Convention on Human Rights: Stran Refineries v. Greece; Krčmar v. The
Czech Republic
- with regard to the scope and principles of interpretation of the
Brussels/Lugano Convention: Marc Rich v. Societa Italiana Impianti; Van
Uden v. Deco Line; Canada Trust v. Stolzenberg
- with regard to international jurisdiction – and international
jurisdiction regarding consumer contracts in particular: Coreck v.
Handelsveem; Konsumenteninformation v. Henkel; Benincasa v.
Dentalkit
- with regard to recognition of judgements of other European States:
Krombach v. Bamberski; Renault v. MaxicarA moot court event will also
be organized.
Total Contact Hours: 28
Range of other Learning Methods: Independent learning and directed reading
Total Study Hours: 150 |
Course Assessment | 6. Course Learning Outcomes:
After taking this course, students will be able to:
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Describe
and explain the contribution of European integration to the the
realisation of the concept of a European Community without internal
borders through the notion of „Euroepan judicial area“ and the linkages
between judicial cooperation in civil matters as a field of common
interest for the Member States of the EU and the free movements of
persons under the EC Treaty (art. 65).
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Be
aware of the main objective of cooperation in civil law in order to
establish better collaboration between the authorities of the Member
States and to facilitate the life of the European citizen by the
development of the principle of free movement. |
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Be aware of the necessity of widening cooperation between the Member
States of the EU and non-member states in order to improve the status
of their respective citizens. |
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7. Assessment Methods: Assessment
is by oral coursework (short individual contributions based on
recommended reading), moot court and examination. The examination will
consist of three essay-type questions to be completed within 2 hours
and 30 minutes. The type of exam is open-book.
Number, Type and Weighting of Elements:
1.
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Coursework 25% |
2.
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Exam 75% |
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Course Management |
8. Credit Points and Duration: 8 credit points; duration of the course is one semester |
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9. Contact Person: Professor Tibor Varady
E-mail: varadyt@ceu.hu
Professor Bernadett Bordas
E-mail: bernadet@pf.ns.ac.yu
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