DROI0887-1 : European litigation

University of Liege | Version française

Academic year 2014-2015

Value date : 12/05/2015

DROI0887-1

European litigation

Duration :

45h Th

Number of credits :

Master in Law, Professional Focus in Business Law, 2nd year		5

Master in Law, Professional Focus in Public and Administrative Law, 2nd year		5

Master in Law, Professional Focus in Private Law, 2nd year		5

Master in Law, Professional focus in Criminal Law, 2nd year		5

Extra courses intended for exchange students (Erasmus, ...)		5

Lecturer :

Melchior Wathelet

Language(s) of instruction :

French language

Organisation and examination :

Teaching in the second semester

Course contents :

First of all, the essential characteristics of the Union's institution will be presented.
Beginning with legal specificities of the European Union, this first part will highlight the similarities and differences between the judges of the European Union.

Then, after retracing the history of the successive creation of the Court of Justice, the General Court, the specialised courts and describing how they are organised and composed, an analysis will be made of the distribution of competencies between the three levels of jurisdiction, as well as the three facets of the Court of Justice's activity: Constitutional Court, Supreme Court and, through referrals for preliminary rulings, course of a network linking it to the national jurisdictions.
Finally, for each of the "ex" pillars (community, common foreign and security policies, law - home affairs), all possible types of appeal organised or imposed by the European law will be studied in depth: proceedings against a decision (and objection of illegality), proceedings for failure to act, proceedings for infringement, preliminary ruling in interpretation, preliminary ruling in validity, community action to establish liability and Member State action to establish liability for violation of Union law. For each one, there will be an analysis of the legal basis, the possible applicants and defendants, the procedure, the effects, the basis of the action and the competent jurisdiction (national or community).

Learning outcomes of the course :

Following on from the course in European Union Law, taught in the second year of the bachelors, this course aims to provide students with a complete panorama of the legal mechanisms provided for in the EU and FUE Treaties to ensure the application of Union' law.

This course is part of a coherent whole. The course leaders for this domain form a teaching team; they consult each other on the contents and methods of each course in order to ensure complementarity.

Insofar as it is possible, and taking into account the number of students enrolled, the course is based on participative teaching methods. The course leader illustrates the course with examples and invites students to apply their newly acquired knowledge to concrete situations.

Prerequisites and co-requisites/ Recommended optional programme components :

Have successfully completed the course of European Institutional Law

Planned learning activities and teaching methods :

Cours ex-cathedra and case law.

Mode of delivery (face-to-face ; distance-learning) :

Face-to-face