Judicial Protection in the EU internal market

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A concise introduction to the system of Judicial Protection in EU Law with a special part concerning the Rule of Law Crisis in the European Union and the related development in the case law of the ECJ

After Poland’s EU accession on 1 May 2004 problems relating to application and enforcement of Europaen Law gained practical importance. The EU-treaties provide for specific procedures within whose frames individuals, Member States and European institutions can enforce rights resulting from EU Law provisions. An important role is also played by national courts who have the duty to protect the rights of individuals derived from the system of EU Law. During the lecture students are made familiar with the structure o the Community system of legal protection. Composition and competencies of the ECJ and the Court are discussed, as well as basic procedures provided for by the TEU and TFEU, the ECJ case-law relating to application of EU Law by national courts, including the principles of effectiveness, non-discrimination and State liability for infringement of Community Law. Special attention is paid to the procedure of preliminary reference which has a specific place within the system of legal protection of the EU and is also important from the perspective of protection of rights of individuals. Participants will be required to read selected literature and be familiar with the ECJ judgments indicated in advance. A material part of the lectures will concern the recent Rule of Law crisis in Poland and the newest ECJ case law on that topic

K. Lenarts, I. Maselis, K. Gutman, EU Procedural Law, Oxford 2015EU Law, Text, Cases and Materials, P. Craig & G. de Burca, Oxford University Press (most recent edition)Further literature on the discussed topcs will be provided during classes

After completing the course students should know in which cases a dispute can be resolved before courts in Luxembourg, and in which cases a dispute relating to EU Law should be resolved before national courts (as well as the rules governing the national proceedings). After completion of the course its participants should also be familiar with all kinds of complaints admissible before the European Court of Justice and the Court, know the details of preliminary reference procedure before national courts and be able to use pertinent sources of law.

Lecture combined with discussion among the lecturer and studentsCase-law study Reading of judgments of the ECJ on behalf of the students will be required (information will be provided during classes)