Letní škola: CLS Summer School '12 - European Union Law: The View From a Mountain
V minulých letech jsme na stránkách Jiného práva propagovali letní školy ve Florencii, Budapešti a jinde. Letos si ale studenti v Common Law Society (z nichž někteří zmíněné školy absolvovali) řekli „dost“ a rozhodli se letní školu uspořádat sami. Tématem pro letošek je právo EU – nejen instituce, ale třeba i právně-ekonomické pohledy na vznikající fiskální unii a jiné odpovědi Evropské unie na krizi společné měny. V malebném prostředí Krkonoš, na horské chatě Patejdlovka, s učiteli z LSE, Oxfordu, Cambridge a dalších špičkových evropských univerzit, společně s právníky z praxe – institucí, které se Evropskou unií zabývají, ať už v Bruselu (či Lucemburku nebo Štrasburku), nebo v Praze. Akademické přednášky budou střídat diskusní semináře se zmíněnými praktiky, součástí kurzu bude i moot court.
Podrobnosti k letní škole najdete zde, níže je program letní školy.
Podrobnosti k letní škole najdete zde, níže je program letní školy.
EUROPEAN UNION LAW: THE VIEW FROM A MOUNTAIN
Common Law Society
Patejdlova bouda, Krkonoše, Czech Republic
2 – 13 July 2012
Common Law Society
Patejdlova bouda, Krkonoše, Czech Republic
2 – 13 July 2012
PROGRAMME:
DISTINGUISHED LECTURE:
“Perfectionism and Failure in EU Law”
Professor Damian Chalmers
European Institute & Department of Law, London School of Economics and Political Science
GENERAL COURSE:
“Law and Institutions of the EU”
The general course will run through the whole summer school. It will focus on various aspects of the decision-making in the EU, the internal workings of its institutions and their mutual relationship. It will use both legal and political theory/political science literature in order to explore the selected topic beyond the confines of the “black letter law”. The lectures and seminars are complemented by workshops with people from practice: those who have (or had) a direct experience from the institutions and processes studied in the course. The first week will finish with a moot court competition.
Jan Komárek, Lecturer in EU law, European Institute & Department of Law, London School of Economics and Political Science
1. Neither “United States of Europe”, nor “European Trade Organisation”: The nature of the EU and its legal order
2. Constitutional essentials: Direct effect and primacy
3. Enforcing directives: the law of diminishing coherence?
4. Fundamental Rights
5. Competences: Creep and Control
WORKSHOP: Adéla Šuchmanová (Head of the Department for the EU, Office of the Senate of the Parliament of the Czech Republic), National parliaments’ involvement
6. ‘Those Magnificent Men in their Unifying Machines’ and other tales of legislative lawmaking in the EU
7. The true "Brussels bureaucrats"?: The Council and the Commission
WORKSHOP: Petr Bříza (advocate, AK Havel & Holásek, former advisor to the Minister of Justice, former Head of Department of EU law, Ministry of Justice), Steering the Council
8. Government by judges? The place of courts in the EU
MOOTCOURT: judicial panel composed of Petr Bříza (advocate, AK Havel & Holásek), Floris De Witte (PhD candidate LSE, member of the winning team of the 2005-2006 European Moot Court Competition, best pleader in the final round) and Alexandre Saydé (référendaire at the CJEU)
9. National courts as European courts
WORKSHOP: Jan Passer (Judge of the Supreme Administrative Court of the Czech Republic), A national judge’s view
10. Enforcing EU law: Centralised enforcement
WORKSHOP: Martin Smolek (Czech Government Agent before the ECJ), Defending the State
11. Who are the Masters? Law and Politics of the Treaty amendment
WORKSHOP: Emil Rüffer (Head of the Department of EU Law, Ministry of Foreign Affairs of the Czech Republic), The master’s faithful servant
GUEST LECTURES:
Matej Avbelj, Assistant Professor of European Law at and the Dean of the Graduate School of Government and European Studies, Kranj, Slovenia: “Transformation of European Union: Differentiated Integration”
Alicia Hinarejos, University Lecturer in Law and a Fellow of Downing College, Cambridge, UK: “Evolution and Scope of EU Citizenship: Towards Federal Citizenship?” and “The Eurozone Crisis and the Limits of Economic Integration”
Stefan Van den Bogaert, Professor of European law and Director of the Europa Institute at Leiden University: “The EMU and Eurocrisis”
Floris De Witte, PhD candidate, Department of Law, London School of Economics and Political Science: “European Union law and the Question of Justice”
Alexandre Saydé, référendaire, Cabinet of Judge Sir Konrad Schiemann, CJEU: “Abuse of Union Law”
THE OUTER LIMITS OF EU LAW
In the specialisation course running in the second week, we shall try to define the outer limits of EU law: when and according to which criteria can one determine that a case falls within the scope of EU law? We shall try to infer some overreaching general principles from various substantive areas of EU law and the case law of the Court of Justice relating for instance to the internal market, competition law, citizenship, human rights, remedies in national courts and overall EU legislative competence. Are there universal rules applicable to all these areas? If yes, what are they? Do they differ if applied by the Court of Justice and in national courts?
Michal Bobek, Anglo-German Fellow, Institute for European and Comparative Law, Faculty of Law, University of Oxford
DISTINGUISHED LECTURE:
“Perfectionism and Failure in EU Law”
Professor Damian Chalmers
European Institute & Department of Law, London School of Economics and Political Science
GENERAL COURSE:
“Law and Institutions of the EU”
The general course will run through the whole summer school. It will focus on various aspects of the decision-making in the EU, the internal workings of its institutions and their mutual relationship. It will use both legal and political theory/political science literature in order to explore the selected topic beyond the confines of the “black letter law”. The lectures and seminars are complemented by workshops with people from practice: those who have (or had) a direct experience from the institutions and processes studied in the course. The first week will finish with a moot court competition.
Jan Komárek, Lecturer in EU law, European Institute & Department of Law, London School of Economics and Political Science
1. Neither “United States of Europe”, nor “European Trade Organisation”: The nature of the EU and its legal order
2. Constitutional essentials: Direct effect and primacy
3. Enforcing directives: the law of diminishing coherence?
4. Fundamental Rights
5. Competences: Creep and Control
WORKSHOP: Adéla Šuchmanová (Head of the Department for the EU, Office of the Senate of the Parliament of the Czech Republic), National parliaments’ involvement
6. ‘Those Magnificent Men in their Unifying Machines’ and other tales of legislative lawmaking in the EU
7. The true "Brussels bureaucrats"?: The Council and the Commission
WORKSHOP: Petr Bříza (advocate, AK Havel & Holásek, former advisor to the Minister of Justice, former Head of Department of EU law, Ministry of Justice), Steering the Council
8. Government by judges? The place of courts in the EU
MOOTCOURT: judicial panel composed of Petr Bříza (advocate, AK Havel & Holásek), Floris De Witte (PhD candidate LSE, member of the winning team of the 2005-2006 European Moot Court Competition, best pleader in the final round) and Alexandre Saydé (référendaire at the CJEU)
9. National courts as European courts
WORKSHOP: Jan Passer (Judge of the Supreme Administrative Court of the Czech Republic), A national judge’s view
10. Enforcing EU law: Centralised enforcement
WORKSHOP: Martin Smolek (Czech Government Agent before the ECJ), Defending the State
11. Who are the Masters? Law and Politics of the Treaty amendment
WORKSHOP: Emil Rüffer (Head of the Department of EU Law, Ministry of Foreign Affairs of the Czech Republic), The master’s faithful servant
GUEST LECTURES:
Matej Avbelj, Assistant Professor of European Law at and the Dean of the Graduate School of Government and European Studies, Kranj, Slovenia: “Transformation of European Union: Differentiated Integration”
Alicia Hinarejos, University Lecturer in Law and a Fellow of Downing College, Cambridge, UK: “Evolution and Scope of EU Citizenship: Towards Federal Citizenship?” and “The Eurozone Crisis and the Limits of Economic Integration”
Stefan Van den Bogaert, Professor of European law and Director of the Europa Institute at Leiden University: “The EMU and Eurocrisis”
Floris De Witte, PhD candidate, Department of Law, London School of Economics and Political Science: “European Union law and the Question of Justice”
Alexandre Saydé, référendaire, Cabinet of Judge Sir Konrad Schiemann, CJEU: “Abuse of Union Law”
THE OUTER LIMITS OF EU LAW
In the specialisation course running in the second week, we shall try to define the outer limits of EU law: when and according to which criteria can one determine that a case falls within the scope of EU law? We shall try to infer some overreaching general principles from various substantive areas of EU law and the case law of the Court of Justice relating for instance to the internal market, competition law, citizenship, human rights, remedies in national courts and overall EU legislative competence. Are there universal rules applicable to all these areas? If yes, what are they? Do they differ if applied by the Court of Justice and in national courts?
Michal Bobek, Anglo-German Fellow, Institute for European and Comparative Law, Faculty of Law, University of Oxford
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