Law of the Council of Europe

Course titleLaw of the Council of Europe
Chair of Constitutional and European Law
Number of ECTS credits3.5 Tunjica Petrašević
Office AddressRadićeva 13 Kabinet br. 46
Telephone+385 31 224 535 Dunja Duić
Office AddressRadićeva 13 48
Telephone+385 31 224 500
Course content

Objectives of the course • introduce students to the origin, historical development and enlargement of the EU • familiarize them with the institutional and legal system of the EU • acquaint them with certain types of proceedings before the EU Court with special reference to the previous proceedings • familiarize them with the effects of EU law in national legal systems with special reference to the effects of directives in national law • familiarize them with the functioning of the EU internal market • acquaint them with the rights they have as EU citizens • familiarize them with the mechanisms for the protection of fundamental human rights within the EU CONTENT: 1. Development and expansion of the EU - in this part, students are introduced to the process of integration in Europe in general, and in particular to the emergence of European communities (European Coal and Steel Community, EURATOM and the European Economic Community) as the forerunners of today's EU. Students are then introduced to the waves of EU enlargement, and special attention is paid to the accession of the Republic of Croatia to the EU. 2. Sources of EU law - in this part, students are introduced to the sources of EU law. Thus, students will become familiar with the Founding Treaties and all their amendments, as well as the general principles of law as the primary sources of EU law. The secondary law of the EU includes legal acts of the institutions (regulations, guidelines and decisions), international agreements concluded by the EU with third countries or international organizations, and the jurisprudence of the Court of the EU 3. EU institutions with a special focus on the EU Court - in this part, students get to know the EU institutional system. The goal is to instruct students in the way of making "decisions" in the EU, i.e. who does what within the EU. Special attention will be paid to the EU Court (composition, selection of judges, etc.) 4. Jurisdiction of the Court of the EU with special reference to the preliminary proceedings - this part examines certain types of proceedings before the Court of the EU (lawsuits for annulment of the EU law, lawsuits against a member state for violation of EU rights and preliminary proceedings) 5. Effects of EU law in national legal systems (direct effect, superiority, responsibility of the member state for damage, etc.) - this part introduces students to the effects of EU law in national legal systems, especially with the obligations of national judges in the application of EU law. 6. EU internal market - in this part, students are introduced to 4 fundamental market freedoms (freedom of movement of people, goods, services and capital) and possible limitations of these freedoms, with special emphasis on studying the relevant case law of the EU Court. 7. EU citizenship - students get to know the concept of EU citizenship, how it is acquired or lost, what rights derive from it and under what conditions a citizen of an EU member state can be expelled from the host country 8. Protection of human rights in the EU - in this part, students are introduced to the content of the EU Charter of Fundamental Rights and the way to protect human rights within the EU.

Course learning outcomes

, Distinguish the basic concepts and concepts of EU law, Define and differentiate the sources of EU law, principles of EU law, powers of EU institutions, procedures before the Court of Justice of the European Union, Connect the basic terms with the case law of the Court of Justice of the European Union, Analyze the case law of the Court of Justice of the European Union,

☑ Lectures
☐ Seminars and workshops
☐ Exercises
☐ Independent tasks
☑ Multimedia and internet
☑ Distance education
☐ Office hours
☐ Laboratory
☐ Field work
☐ Mentoring work
☐ Knowledge test
☑ Oral exam
☐ Written exam
☐ Colloquium
Obligations of students Students are required to attend a minimum of 55% of classes and pass the entire material through an oral exam. As it is an elective course and the relatively small number of students enrolling in the course, classes are held as consultative. Therefore, the emphasis is placed on taking the exam in oral form. Methods of quality monitoring that ensure the acquisition of output knowledge, skills and competences Quality is controlled by monitoring class attendance and student reaction. Students can contact teachers from the department at any time, in person or via e-mail.
Required reading
Ćapeta, T.; Siniša, R.. Osnove prava Europske unije. 2011. Narodne novine, Zagreb
Petrašević, T.. Prethodni postupak pred Sudom EU. 2014. Pravni fakultet u Osijeku, Gradska tiskara d.d., Osijek
. Nastavni materijali distribuirani na nastavi/konzultacijama. 2022.
Optional reading
Rodin, S.; Ćapeta, T.; Goldner Lang, I.. Izbor presuda Europskog suda – gradivo za nastavu prava EU. 2009. Novi informator, Zagreb
Rodin, S.; Ćapeta, T.; Goldner-Lang, I. (ur.) . Reforma Europske unije – Lisabonski ugovor (samo odabrana poglavlja). 2009. Narodne novine, Zagreb
Petrašević, T.; Duić D. . Međunarodnopravni subjektivitet Europske unije. 2010. Pravni vjesnik. 26/1