Checking date: 10/04/2019


Course: 2019/2020

Judicial remedies in the law of the EU
(12233)
Study: Master in European Union law (302)
EPD


Coordinating teacher: MOREIRO GONZALEZ, CARLOS JAVIER

Department assigned to the subject: Department of International Law, Ecclesiastical Law and Philosophy of Law

Type: Compulsory
ECTS Credits: 8.0 ECTS

Course:
Semester:




Students are expected to have completed
Administrative Law, Procedural Law, International Law, EU Law.
Competences and skills that will be acquired and learning results.
The sessions are geared towards acquiring a practical understanding of EU litigation procedures. The students not only derive a deep understanding and knowledge of the EU litigation system, but also practice. It is envisaged that they will have to deal throughout the year with some practical cases, exchanging pleadings and towards the end holding a moot hearing on the cases. It is a tough exercise but there is ample evidence of students' acceptance. In the sessions, the pleadings exchanged and the oral hearings will require mastering the English language and practice drafting as well as oral presentations. Students are expected to prepare the sessions in advance and to do oral presentations of the cases studied, where a debate should ensue. In the drafting exercise also skills of team working are necessary and most certainly enhanced
Description of contents: programme
I. INTRODUCTION. RELEVANT INSTUTIONS 1. Court of Justice of the European Union A. European Court of Justice ¿ Composition ¿ Internal organization ¿ Basic Functions B. General Court of the European Union ¿ Composition ¿ Internal Organization ¿ Basic Function C. Civil Service Tribunal (to be merged with the General Court) ¿ Composition and jurisdiction ¿ Procedure ¿ Appeals ¿ 2. National judge as EU judge of EU law II. TYPES OF APPEALS 1. Appeals with direct intervention of particulars 1. A Action for annulment (i) Introduction and general conditions (ii) Subject matter (iii) An example: annulment and competition (iv) Parties (v) Special characteristics (vi) Consequences 1. B Action for failure to act (i) Subject matter (ii) Action of annulment vs. Action for failure to act (iii) Parties (iv) Special characteristics (v) Consequences 1. C. Action for damages (i) Subject matter (ii) Union ¿non-contractual¿ liability (iii) Action for damages vs. other actions (iv) Parties (v) Special characteristics (vi) Consequences 2. Other actions: 2.A. Infringement proceedings (i) Subject matter and related aspects (ii) Parties (iii) Special characteristics (iv) Consequences 2.B. Third-party proceedings, third-party interventions, and fast track. (i) Third-party proceedings (ii) Third-party interventions (iii) Fast track III. PRELIMINARY RULING (i) Subject matter (ii) Review of the validity of a Union Act in Preliminary Ruling Proceedings (iii) Consequences IV. THE LIFE OF A DIRECT ACTION: ACTION FOR ANNULMENT OF A COMMISSION DECISION IN A COMPETITION CASE BEFORE THE GENERAL COURT AND AN EVENTUAL ¿POURVUOI¿ BEFORE THE COURT OF JUSTICE 1. Legal standing 2. Interim measures: purpose and conditions 3. Written procedure 4. Eventual exception of admissibility 5. Oral procedure 6. Judgment/ Order 7. Appeal before the European Court of Justice (¿pourvoi¿) V. MOOT COURT The web of the ECJ is a basic instrument for reference for regulations and case law, as well as the activity of the ECJ (www.curia.eu.int)
Learning activities and methodology
All the sessions require that the students prepare the materials that will be covered in each session in advance. The system that will be followed implies covering the most important cases (provided to the students in advance and allocated to teams of 2 or 3) where a presentation by students is expected to take place dealing with the facts and the important issues of law, in particular procedural issues, that these cases arise The format followed for this part of the program shall not be a lecture, but a discussion and general participation by the students commenting on the judgements presented by the different teams. In order to follow the presentation, it is necessary to have examined beforehand the relevant Articles of the Treaty and case law, and the reading of relevant doctrine would contribute to a more interesting debate. Some bibliography is provided to this end with the final program.
Assessment System
  • % end-of-term-examination 50
  • % of continuous assessment (assigments, laboratory, practicals...) 50
Basic Bibliography
  • Arnull, A.. Judicial Review in the European Union, in: "The Oxford Handbook of European Union Law" . Oxford U. P.. 2014
  • Arnull, A.. The Principle of Effective Judicial Protection in EU Law. An Unruly Horse? . Eur. L. Rev. nr. 36. 2011
  • Barents, R.. Remedies and Procedures before the EU Courts. Kluwer. 2016
  • Castillo de la Torre, F.; Gippini Fournier, E.. Evidence, proof and Judicial Review in EU Competition Law. Edward Elgar Publiship. 2017
  • Lenaerts, K., Maselis, I., Gutman, K.. EU Procedural Law. Oxford University Press. 2016
  • Moreiro González, C. J. (dir.). Procedimientos administrativos y judiciales de la Unión Europea. Difusión Jurídica. 2012
  • Tauschinsky, Eljalill - Weiss, Wolfgang. The Legislative Choice Between Delegated and Implementing Acts in EU Law. Elgar. 2018

The course syllabus and the academic weekly planning may change due academic events or other reasons.