European litigation
[DREU2201]
[30h] 5 credits
This course is taught in the 1st semester.
Teacher(s): Melchior Wathelet
Language: French
Level: Second
Main themes
Beginning with legal community specificities, this first part will highlight the similarities and differences between the community judges.
Then, after retracing the history of the successive creation of the Court of Justice, the country court, the Judicial Chambers and describing how they are organised and composed, an analysis will be made of the distribution of competencies between the three levels of jurisdiction, as well as the three facets of the Court of Justice's activity: Constitutional Court, Supreme Court and, through referrals for preliminary rulings, course of a network linking it to the national jurisdictions.
Finally, for each of the pillars (community, common foreign and security policies, law - home affairs), all possible types of appeal organised or imposed by community law will be studied in depth: proceedings against a decision (and objection of illegality), proceedings for failure to act, proceedings for infringement, preliminary ruling in interpretation, preliminary ruling in validity, community action to establish liability and Member State action to establish liability for violation of community law. For each one, there will be an analysis of the legal basis, the possible applicants and defendants, the procedure, the effets, the basis of the action and the competent jurisdiction (national or community). Course objective : Following on from the course in European Union Law, taught in the second year of the bachelors in community disputes, this course aims to provide students with a complete panorama of the legal mechanisms provided for in the EC and EU Treaties to ensure the application of community law.
This course is part of a coherent whole. The course leaders for this domain form a teaching team; they consult each other on the contents and methods of each course in order to ensure complementarity.