Objectives and competences
The objective of this course is to learn about the background and beginnings of European integration before and after World War II; understand the meanings of federal and intergovernmental forces, learn about the process of substantively deepening EU competences, EU geographical enlargement, the most important contemporary challenges and the future of the EU, gain basic knowledge of the EU legal system, composition and functioning, EU institutions, legal sources, the process of adopting European legislation, relations between the competences of the Member States and the EU, the fundamental principles of EU law, the characteristics of EU law compared to Member States' national law and international law, the functioning of the EU judicial system and the protection of human rights in the EU.
Content (Syllabus outline)
• History and development of European Communities and European Union (the establishment of ECSC, EEC, Euratom, Single European Act, EU Treaty, Amsterdam Treaty, Treaty of Nice, Constitutional Treaty, Lisbon Treaty).
• Intergovernmentalism and supranationalism.
• Substantive deepening of the EU and geographical enlargement.
• Institutions and bodies of the EU (Commission, Council, European Council, European Parliament, ECJ, other institutions, bodies and agencies).
• Decision-making and legislative procedure; democracy and democratic deficit in the EU; principle of institutional balance; EU citizenship.
• Sources of EU law (notion and types of sources, definition, importance and legal character of a regulation, directive, decision, recommendation and opinion, retrieval in EU legal databases, Acquis communautaire as a source of law, mandatory contents of legal cocuments).
• Division of powers between EU and Member States (conferral of powers, subsidiarity and proportionality).
• The relationship between EU law and the law of the Member States (supranationality, authonomy, direct applicability of EU law, direct effect, consistent interpretation of national law, liability for damages).
• Legal review before EU Court of Justice (EU Court, judges and advocate generals, Court and General Court, direct and indirect procedures: enforcement procedures, review of legality, failure to act, action for damages, preliminary rulings and other procedures before the EU Court).
• National courts as guardians of EU law, relationship between national courts and the Court of Justice of the EU.
• Protection of fundamental rights in the EU, Charter of fundamental rights of the EU, EU accession to the European Convention on human rights, relationship between EU Court and European Court for Human Rights.
Learning and teaching methods
• lectures
• seminars
• tutorials. Part of the tutorial is in a classroom while the rest is in the form of e-learning (e-tutorials may be given via video-conferencing or with the help of specially designed e-material in a virtual electronic learning environment),
• individual work of students
• consultations.
Intended learning outcomes - knowledge and understanding
On completition of this course, the student will be able to:
• demonstrate understanding of the process of the EU establishment, rise of EU competences, EU enlgargement, basic features of the legal system of the EU,
• find and understand the relevant sources of the EU law,
• demonstrate understanding of the competences and the functioning of the EU institutions,
• understand fundamental principles of EU law on division of powers between EU and Member States and the relationship between EU and national law,
• demonstrate understanding of the EU judicial system and human rights protection in the EU.
Intended learning outcomes - transferable/key skills and other attributes
• oral and written expression about basic legal concepts of EU law, characteristics of the EU law, judicial review in the EU, the positioning of EU law in relation to domesic law of the Member States;
• use of the relevant directly applicable rules in practice.
Readings
• V. Trstenjak, M. Brkan: Pravo EU, GV Založba, Ljubljana 2018
• A. Ferčič, J. Hojnik, M. Tratnik: Uvod v pravo EU, GV Založba, Ljubljana 2011.
• D. Chalmers, G. Davies, G. Monti: European Union Law, CUP 2018 (izbrana poglavja)
• M. Tratnik: Pravo državljanstva, GV Založba, Ljubljana 2018
• veljavna zakonodaja Evropske unije
• relevantna sodna praksa Sodišča EU.
Prerequisits
No prerequisits.
Comments
Examination is done, if all obligations are fulfilled, as follows:
- tutorial obligations (defined and announced by the lecturer).
- written or oral examination (access to a written examination is allowed, if a student successfully fulfils tutorial obligations).
Note: With additional activities, ex ante and transparently defined by the lecturer, it is possible to acquire additional points, which are relevant for the assessment.
