DO1MPV01 Vztah mezinárodního práva a práva EU - autonomie práva EU

Faculty of Law
Autumn 2021
Extent and Intensity
0/0/0. 4 credit(s). Type of Completion: z (credit).
Teacher(s)
prof. JUDr. Vladimír Týč, CSc. (lecturer)
Guaranteed by
prof. JUDr. Vladimír Týč, CSc.
Department of International and European Law – Faculty of Law
Prerequisites
Good general knowledge of Public International Law and EU Law on magister level
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.
fields of study / plans the course is directly associated with
Course objectives
Relationship between International and EU Law is examined from point of view of both systems taking into account the emergence of EU Law as a specific part of Internetional Law, that have become relatively autonomous. The accent is given to specifities of EU Law resulting from its subordination nature, i.e. the opposite of the coordination nature of International Law. This is a crucial matter that must be understood. Both systems use different regulation methods. Both also are under certain conditions binding to individuals. Special case of "merging" both systems is where EU acts in international relations as a subject of International Law.
Learning outcomes
The student will become familiar with regulatory methods and enforcement in both mentioned systems. He will be also able to determine whether a given relation between two EU member States will be regulated by international or by EU law - i.e. where is the line separating both systems. The student will understand the coordination method for international law and the subordination method for EU law. He also will be able to use this knowledge for evaluating the direct effect of both international and EU law to the individual. The student will understand as well a complexe situation where the EU acts as a person (subject) of international law.
Syllabus
  • 1. Emergence of the Community (Union) Law system on the basis of International Law (case law Van Gend en Loos, Costa).
  • 2. Coordination principle of International Law and subordination principle of EU Law. The substance of supranationality of EU.
  • 3. Autonomy of EC (EU) Law as the consequence of its separation from International Law. The notion of that autonomy.
  • 4. EU as subject (person) of International Law. Its capacity to conclude international treatis according to the International Law and EU Law.
Literature
    required literature
  • M. Tomášek, V. Týč a kol. Evropské právo, 2. vyd., Leges, Praha 2017
  • V. Týč, Základy práva EU pro ekonomy, 7. vyd., Leges, Praha 2017
  • J. Malenovský, Mezinárodní právo veřejné, obecná část, 7. vyd., Doplněk, Brno, 2017
Teaching methods
consultations
Assessment methods
oral examination in the form of interview
Language of instruction
Czech
The course is also listed under the following terms Autumn 2020, Autumn 2022.
  • Enrolment Statistics (Autumn 2021, recent)
  • Permalink: https://is.muni.cz/course/law/autumn2021/DO1MPV01