Court of Justice of the European Union, ZS 2010-11

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International Law and Courts Office Number: 304 Metropolitní univerzita Praha, o.p.s.Dubečská 900/10100 31 Praha 10 - StrašniceCourse time: Tuesday Winter Semestr 2010/11, 11.40 – 13.10, Dubečská, No. 109Office hours: Please contact me by appointment, on Tuesday, on Thursday Jarov.

Mgr. Ilona KostadinovováKontakt: ilda@seznam.czWeb: http://akilda.webnode.cz/

Session Breakdown:

Week 5) Court of Justice of the European UnionAn important and relevant theory to this course concerns the history of the court and the role of this court and the basic principles of the process at the court. Focus on the deeper and practical explanation of the role of this court. This lesson looks at some cases. This lesson concerns also the deeper and practical explanation of the role of the Council of the European Union.

This Week´s Readings:Court of Justice of the European Union http://curia.europa.eu/jcms/jcms/Jo2_6999/ Council of the European Unionhttp://www.consilium.europa.eu/cms3_fo/index.asphttp://europa.eu/http://curia.europa.eu/jcms/jcms/Jo2_6999/

Court of Justice of the European Union

Since the establishment of the Court of Justice of the European Union in 1952, its mission has been to ensure that "the law is observed" "in the interpretation and application" of the Treaties.

As part of that mission, the Court of Justice of the European Union:- reviews the legality of the acts of the institutions of the European Union,-ensures that the Member States comply with obligations under the Treaties, -and interprets European Union law at the request of the national courts and tribunals.

Court of Justice of the European Union

The Court thus constitutes the judicial authority of the European Union and, in cooperation with the courts and tribunals of the Member States, it ensures the uniform application and interpretation of European Union law.

The Court of Justice of the European Union, which has its seat in Luxembourg, consists of three courts: - the Court of Justice, - the General Court (created in 1988) - the Civil Service Tribunal (created in 2004). (please follow the word document)Since their establishment, approximately 15 000 judgments have been delivered by the three courts.

Court of Justice of the European Union

As each Member State has its own language and specific legal system, the Court of Justice of the European Union is a multilingual institution. Its language arrangements have no equivalent in any other court in the world, since each of the official languages of the European Union can be the language of a case. The Court is required to observe the principle of multilingualism in full, because of the need to communicate with the parties in the language of the proceedings and to ensure that its case-law is disseminated throughout the Member States.

Case law

-Web pages of all courts

-http://curia.europa.eu/jcms/jcms/T5_5230/

Czech constitutional lawCzech Constitution – basic document, Act Number 1 / 1993 Coll. Charter of Fundamental Rights and Basic Freedoms, Act N. 2/1993 Coll.= Public Order of the Czech Republic(word document)

Textbook:- As interested:Constitutional Law of the Czech RepublicKarel Klíma and collective, issued by Čeněk Aleš ISBN 978-80-7380-089-5 Doporučená cena 480,- pages 463, 2008

The Constitutional Court of the Czech Republic – Brno

http://www.usoud.cz – englisch version of all documents

The Constitutional Court of the Czech Republic is the judicial body responsible for the protection of constitutionalism, and its status and powers are enshrined directly in the Constitution of the Czech Republic.

The seat of the Constitutional Court of the Czech Republic is in the city of Brno.

The Constitutional Court of the Czech Republic – Brno

Act N. 1/1993 Coll. - constitutionArt. 83 – is the judicial body responsible for the protection of constitutionality.

Art. 84 - shall be composed of 15 Justices appointed by the President of the Republic with the consent of the Senate for a period of 10 years.

Art. 87 – jurisdiction (please follow directly the document)

+ Act N. 182/1993 Coll.

How Justices are appointed According to the Constitution, the Justices of the Constitutional Court are appointed by the President of the Republic with the consent of the Senate of the Parliament of the Czech Republic (hereinafter “Senate”).

The President of the Republic selects a candidate whose name is then sent, through the Office of the President of the Republic, to the Senate with a request to express its consent to her appointment as a Justice of the Constitutional Court.

How Justices are appointed The Chairperson of the Senate submits the request to the Committee on Agenda and Procedure and distributes it to all Senators and Senate caucuses.The Committee on Agenda and Procedure assigns the consideration of the request to the Committee on Legal and Constitutional Affairs and the Committee on Education, Science, Culture, Human Rights and Petitions (it can be assigned also to other committees). Following debate, the committees adopt a resolution recommending how the Senate should decide on the request. Subsequently, the rapporteurs of both committees, as well as the candidate for the office of Justice, appear at a Senate session. The Senate vote deciding on the request can be held either publicly or secretly. Consent to the appointment of the candidate as a Justice of the Constitutional Court is given if a simple majority of Senators present vote in favor.

How Justices are appointed If the Senate gives its consent, the President appoints the candidate a Justice of the Constitutional Court, and the candidate thereby becomes a Justice of the Constitutional Court. The Justice enters into the performance of her office by taking the constitutionally-prescribed oath of office, administered by the President.

It is an indispensable condition to holding office that an appointed Justice of the Constitutional Court take the constitutionally-prescribed oath of office, administered by the President. In the case that she does not take the oath of office, or does so with reservations, the candidate does not become a Justice of the Constitutional Court.

The oath of office of a Justice of the Constitutional Court is as follows:

„I pledge upon my honor and conscience that I will protect the inviolability of natural human rights and of the rights of citizens, adhere to constitutional acts, and make decisions according to my best convictions, independently and impartially“.

Guide on Proceedings on Constitutional Complaints - Next week

Homework:

Write an assay about the role of the constitutional court in your home country.

-6 to 8 pages-will be part of the final written examination

Czech students can choose some other country or Slovak Republic.

Ilona Kostadinovováilda@seznam.cz

http://akilda.webnode.cz/

Thank you for your attention. I wish you a beautiful rest of the day.

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