European litigation

Duration

45h Th

Number of credits

Lecturer

Melchior Wathelet

Language(s) of instruction

French language

Organisation and examination

Teaching in the second semester

Units courses prerequisite and corequisite

Prerequisite or corequisite units are presented within each program

Learning unit 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 courts which constitue the Cour of justice of the European Union, 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 learning unit

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.

Prerequisite knowledge and skills

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

Recommended or required readings

M. WATHELET et J. WILDEMEERSCH (avec la coll. de), Contentieux européen, Larcier, 2014.
The course outline (power-point) and list of case law. Theses documents could be buy in the Presses Universitaires shop or "on line".

Assessment methods and criteria

First session : written exam.
Second session : By principle, hearing.
 

Work placement(s)

Organizational remarks

Contacts

Jonathan WILDEMEERSCH (assistant)jwildemeersch@ulg.ac.be

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