International and European
Union Law
David Sehnálek
david@sehnalek.cz
Information on subject
 Lectures every week ­ no compulsory
attendance
 Completion of the subject:
 seminar paper presented orally on last two lectures
 written colloquium (multiple-choice test)
 Literature:
 Any at your convenience
 Some of the English textbooks are available at the
library
 Trevor Hartley: The Foundations of European Community
Law
 Wikipedia
 Official web sites of the EU
Syllabus
 1. International, European and national law ­ basic
characteristics of each system of law and introduction
 2. International law ­ character, sources, subjects,
International Treaty Law
 4. Conclusion and entry into force of treaties
 5. Interpretation and application of international treaties
 6. History of European integration, federalism,
supranationalism and intergovernmental cooperation
 7. Institutions of the EU
 8.Sources of the EU Law and their interpretation and
application
 9. Enforcement of the EU law
 10. Application of the EU Law in the Czech Republic
Today's Lecture
 Understand
 the term law
 the differences among different systems
of law
 Know basic principles of functioning of
different systems of law
Introduction ­ what is the "law"?
 The term is usually understood as
"national law" or a "domestic law"
 What does the theory of law say about
the term "law"?
 The law is therefore a normative system
and not the only one, can you mention
some other NS?
 What makes law different?
 What is the general purpose of law?
 Who creates the law?
 To whom does the law apply?
Law - summary
 According to the theory of law the law
is a system of rules created by a state
or its institutions and enforced by it`
 The key characteristic of law is its
enforceability!
 Who does enforce the law? ­ only the
respective state
 Generally every state has its own law
 State law has a territorial character
Law is not only a domestic law...
 Relations among states must be
regulated as well which brings us to 
international public law
 International public law is often
confused with international private law
- what is the difference?
 The third known system of law is
European Union (Community) law
State law
 Vertical structure:
 Law is not a system of norms of equal level
 Legal order has a hierarchic structure
 There are several levels of legal norms
according to their legal force
 What is the hierarchical structure of your
legal order?
 Horizontal structure:
 Private vs. public law
 Name the basic legal disciplines according to
this division!
Principle of subordination
 What character does have the relation
among individuals?
 What character does have the relation
between an individual and a state
(from the legal point of view)?
 And what about the state and
domestic law ­ what is its position?
 Who is an individual?
International public law
 Relations among states are regulated
by law as well
 States together constitute the
international community
 National law cannot apply to the IC! ­
why?
 Who enforces the IPL? And who is the
addressee of the IPL?
 What is the relation between the IPL
and DL?
Art. 1 and 10 of the Czech
Constitution
 The Czech Republic shall observe its
obligations under international law.
 Promulgated international agreements, the
ratification of which has been approved by
the Parliament and which are binding on
the Czech Republic, shall constitute a part
of the legal order; should an international
agreement make provision contrary to
a law, the international agreement shall be
applied.
Purpose and scope of the IP
 Deals with:
 What the state is
 the acquisition of territory
 state immunity
 legal responsibility of states
 Relations among states
 International agreements and conventions
 Individuals and their treatment within states
 War conditions
 Global environment
Sources and Structure of the IPL
 Unlike the domestic law the IPL is
horizontal in its structure
 Sources:
 International treaties
 Customs
 General principles of law
European Community Law
 Unique system of law
 EC are not intergovernmental but
supranational organizations.
Relations among the IL, DL, EL
Conclusion
 There is not only a state law but also the
international and European Community law
 All three systems are autonomous
 The relation between the state law and
international law is given by the national law
 The relation between the state law and EC
law is given by the EC law
 The EC law is the first supranational system
of law