
Judicial Protection in the EU
Program: LLM International and European Law
ECTS: 5
Lecturer: Dr. Agnieszka Frąckowiak-Adamska
Email: agnieszka.frackowiak-adamska@uwr.edu.pl
Type: Compulsory
Level: Medium/ Advanced
Lecture
Number of hours: 2h X 10 weeks = 20 hours (1 semester)
Classes
Number of hours: 2h X 10 weeks = 20 hours (1 semester)
Objective:
The course aims to provide knowledge of principles governing the relationship between the EU and national legal systems, national remedies for breach of EU law and remedies before the Court of Justice of the EU.
The aim:
To provide basic knowledge of principles governing the relationship between the EU and national legal systems
To provide basic knowledge of the national remedies for breach of EU law
To provide basic knowledge of the system of remedies before the Court of Justice of the EU
To provide basic knowledge of rules of procedure of the Court of Justice of the EU
Acquired knowledge:
Student has knowledge concerning legal basis of enforcement of the EU law
Student has knowledge concerning the principles governing the relationship between the EU and national legal systems
Student has knowledge of the legal remedies for breach of the EU law
Student has knowledge of the Member State’s organs duties in the field of the effective enforcement of the EU law
Student has knowledge of EU fundamental rights
Acquired skills:
Student is able to identify the main national remedies for breach of the EU law
Student is able to identify the available action before the Court of Justice of the EU
Student is able, on the basis of presented case, to point out costs and benefits of different mechanisms of pursuing the claims and to justify the choice of particular mechanism
Developed reflection:
Student understands and is able to present the significance of the influence of the EU law on the national law
Student understands the role of individuals and their lawyers in the initiation of claims from the EU law
Student understands the quasi-precedential character of the EU law and constant evolution of that legal system
Student understands the role of national courts and European Court of Justice and their interdependence
Assessment:
The final grade consists of: exam ( 40% ), term papers ( 20% ), class activity ( 20% ), student own work ( 20% ).
Contents:
Introduction – the division of powers between the Court of Justice of the EU and national courts
National procedural autonomy versus effective protection
Principle of the supremacy of EU law
Principle of the direct effect and consistent interpretation of the national law
Legal effects of directives
Member State liability for breach of EU law
The architecture of the CJEU; the division of tasks between the CJ and the General Court, rules of procedure
Preliminary rulings system – substance, procedure
The action against Member States for failure to fulfil their obligations under the Treaties
The judicial review of EU acts – actions for annulment
Protection of the fundamental rights in the EU
Recommended reading:
EU Law: Texts, Cases and Materials, fifth edition, Craig P., de Búrca G., Oxford University Press, Oxford, 2011
The Court of Justice and the Construction of Europe: Analyses and Perspectives on Sixty Years of Case-law, Court of Justice of the European Union (Ed.), Asser Press and Springer, The Hague, 2013