Selected Chapters in European Union Law

Prerequisits:
General conditions for enrolment into the Master Programme.

Content:

1. General aspects of the European Union (EU).
   1.1 Historic development of European integration and the foundation of the EU.
   1.2 Legal nature of the EU and the position of member states in the EU.
   1.3 EU legal order and the relationship between European and national legal orders.
2. General principles of EU law in theory and judicial practice.
   2.1 Basic principles of supranational nature of EU legal order.
   2.2 Other general principles of EU law.
3. EU institutional law.
   3.1 Institutions and other EU bodies.
   3.2 EU legal acts.
4. Judicial protection in the EU.
   4.1 Court of Justice of the EU (CJEU) - judicial architecture of the EU.
   4.2 Relationship between CJEU and national courts.
   4.2 Procedures before the CJEU
   4.3 Judgments and opinions of the CJEU.
5. Fundamental substance of the EU law – substantive EU law (selected topics).
   5.1 Internal market.
   5.2 Fundamental economic freedoms.
   5.3 Area of freedom, security and justice and Common foreign and security policy.
   5.4 Fundamental rights.

Readings:

Required readings:

• Avbelj, M.: Sodno pravo Evropske unije, GV Založba, Ljubljana, 2011.
• Brkan, M. (ur.): Postopki pred Sodiščem EU, GV Založba, Ljubljana, 2014.
• Lampe, R., Drenik, S.: Spremembe evropskega prava po Lizbonski pogodbi, Dignitas, št. 37/38, 2008, str. 90-125.
• Trstenjak V., Brkan M.: Pravo EU: ustavno, procesno in gospodarsko pravo EU, GV Založba, Ljubljana, 2012.
• Prečiščeni različici Pogodbe o Evropski uniji in Pogodbe o delovanju Evropske unije UL C 59, 7. 6. 2016, str. 1.

Recommended readings:

• Creig, P., De Burca, G.: EU Law - Text, Cases and Materials, Sixth Revised Version, Oxford University Press, Oxford, 2016.
• Grad, F.: Evropsko ustavno pravo, Uradni list RS, Ljubljana 2010.
• Lampe, R., Drenik, S., Grasselli, N.: Lizbonska pogodba z uvodnimi pojasnili, Doba Epis, Maribor, 2008.
• Tridimas, T.: General Principles of EU Law, 2nd ed., Oxford University Press, Oxford 2007.
• Lizbonska pogodba, ki spreminja Pogodbo o Evropski uniji in Pogodbo o ustanovitvi Evropske skupnosti, podpisana v Lizboni dne 13. decembra 2007 UL C 306, 17. 12. 2007,

At the lectures additional literature, judgments, files, websites and other materials will be presented according to the current topics discussed.

Objectives and competences:
Students will develop general competencies: :

• Initiative and independence in decision-making;
• Expanding the general legal horizon in the field of the elected subject, which provide a broader view that is extremely important for the establishment of quality decision-making;
• Development and use of legal syllogism and argumentation, general communication skills, presentation of acquired knowledge inside and outside the organization and in the international environment;
• Ability to use different interpretive methods of interpreting legal texts;
• Ability to work independently and in teams, in professional and scientific research work.

Students will develop subject-specific competencies: :

• deepening knowledge in the field of European Union law;
• Ability to put theoretical knowledge into practice with the ability to deal with more complex cases concerning the relationship between EU and national law;
• Ability to address specific professional issues using relevant legislation, case-law, interpretative arguments and scientific methods and procedures.

Intended learning outcomes:
After successfully competed obligations, the student will be able to:

• define a problem relating to European Union law and finding correct solutions;
• Independently and correctly applaying the theory and principles of EU law as well as primary and secondary EU law, including case-law in the field of EU law;
• Prepare professional materials for decision makers.

Learning and teaching methods:
Lectures will be conducted through active participation of students on the basis of the Socratic method, case studies, individual and group research work, distance lectures (IKT), presentations, preparation of a seminar paper, debates, guest lectures.

Assessment:

• a written examination (50%),
• preparation of a seminar paper (25%)
• participation and presentation of the case during the seminar (25%)

The condition for the admission to the written examination is a successful presentation of the case and positive grade for a seminar paper.

Weight (in %)

• a written examination (50%),
• preparation of a seminar paper (25%)
• participation and presentation of the case during the seminar (25%)

Lecturer's references:
Dr. Simona Drenik Bavdek graduated in 2000 from the Faculty of Law of the University of Ljubljana, in 2002 she received her master's degree (LL.M) in International law from the Faculty of Law of the University of Utrecht in The Netherlands, and in 2016 her doctorate degree in international law from the Faculty of Law of the University of Ljubljana. In 2002, she also attended the Hague Academy of International Law.

She worked in Slovenian diplomacy for 15 years, since 2008 as a Minister Plenipotentiary. She was Head of the International Law Department for four years, Head of the Project Unit for a Pleading before the Arbitration Tribunal and Slovenia's Agent before the Arbitration Tribunal for four years. As a head or a member of diplomatic delegations, she participated in many international or intergovernmental conferences, including at the Intergovernmental Conference on the Treaty of Lisbon, at the European Council and the Council of the European Union, as well as at several negotiations regarding bilateral treaties. During the Slovenian Presidency to the Council of the European Union (2008), she managed the priority dossier on the Lisbon Treaty. She was also a member of several working groups of the Council of the European Union.

From 2015 to 2019, she was a Secretary at the Ministry of Justice in the Directorate for Penal Law and Human Rights, and also a member of the Project Group for the execution of judgments of the European Court of Human Rights.

Since 2020, she is Counsellor to the Ombudsman, working as the Assistant Head of the Centre for Human Rights at the Human Rights Ombudsman of the Republic of Slovenia.

In her work and research, she draws from the connection between theory and practice. She is the author of over 50 scientific or professional works. She is a member of the Rule of Law and International Investment Law Committee of the International Law Association (ILA) and of the Legal Working Group of the European Network of National Human Rights Institutions (ENNHRI).

References:
Lampe, Rok, Drenik, Simona: Spremembe evropskega prava po Lizbonski pogodbi, Dignitas, 2008, št. 37/38, str. 90-125.
Drenik, Simona: Prihodnost Evrope: od ustave do pogodbe o reformi EU, Pravna praksa, 2007, št. 29/30, pril. str. II-VIII.
Drenik, S.: Ustanavljanje evroregij in Evropsko združenje za teritorialno sodelovanje, v: Pravna praksa, št 18/2008, str. 6–8.
Lampe, Rok, Drenik, Simona, Grasselli, Neža: Lizbonska pogodba z uvodnimi pojasnili, Maribor: Doba Epis, 2008.
Drenik, Simona: Evropska organizacija za jedrske raziskave (CERN), v: Pravna praksa, št. 3/2014, str. 19–21.

COBISS (presonal bibliographies):
https://bib.cobiss.net/biblioweb/biblio/si/slv/conor/14433635