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POGESTEI Curricula
Module 1
Module 2
Module 3
Module 4
Module 5
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Module 1:
FOUNDATION AND PURPOSES OF THE EU INTEGRATION (short presentation of
subjects)
EUROPEAN UNION CONSTITUTIONAL LAW
syllabus
The aim of the European Union Constitutional Law course is to
introduce students to advanced topics in the Constitutional Law of
the European Union, and to do so from a multidisciplinary and
contextual perspective. The course deals with the three distinctive
elements of the EU legal system: the EU institutions, the EU
normative system and the EU procedural law. It is based largely on
the founding treaties and legislation made under the treaties, but
also on the relevant case law of the European courts.
Study of the EU institutions entails in-depth education in the
status, organization and the functioning of the European Parliament,
Council, Commission and Controlling Bodies (Court of Justice, Court
of First Instance, Court of Auditors and Ombudsman). The EU
normative system covers such matters as principles of the EU law,
sources of the EC law and the effects of the EC law. The course also
provides for a thorough understanding of the decision making -
legislative, judicial and other individual - procedures of the EU
legal system: Community legislation and policy making,
implementation of the Community law by the Member States, functions
and jurisdiction of the European judicial system, judicial control
of the EC institutions and judicial control of the Member States.
With the prospects of the gradual integration of Serbia into the EU,
the course is strongly recommended to those interested to work in
the public sector i.e. parliamentary bodies and offices (Office for
the harmonisation of domestic and the EU legislation), related
Government's bodies (Secr for Legislature and the Office for the EU
association), respective Central Bank and Ministries' ofetariatfices, diplomatic positions at both national and EU institutions
levels, judicial and expert advisor positions within lower and
higher courts, specialized courts and the Constitutional Court,
public prosecutor's and public defender's office, ombudsman's
office, Chamber of Commerce, and the like.
JUDICIAL PROTECTION IN THE EU
syllabus
The Communities and the Union are creatures of law and are governed
by law in every aspect of their operations. Since the very
beginning, the Treaties have provided for the existence of the Court
of Justice and have given it wide powers. Over the years, the number
and importance of cases decided by the Court has been on the
constant increase. Instead of turning into a classical international
court dealing with member state disputes, the Court of Justice has
been a forum for protection of individual rights based on Community
law. It has also played a decisive role in transforming the national
courts into Community courts, by introducing the doctrines of
supremacy and direct effect of Community rules before national
courts. Furthermore, the organization and powers of the Court of
Justice present one of the best examples of the problems faced by
the Community and the Union due to enlargement. The constant reform
and reorganization, the changes in the Court's composition,
procedure and powers, and yet the preservation of basic system of
legal remedies, can be an enlightening guide to understanding the
complexity of the whole process. The Court of Justice has a duty to
preserve the rule of law and to ensure that the European integration
is being progressively realized. It has to ensure uniform
enforcement and interpretation of the legislation enacted by the
legislative branch and to review the lawfulness of legislative and
administrative acts of the EC and EU institutions. Knowledge of the
judicial system of the European Union and the nature of judicial
protection available to individuals, undertakings and member states
may be of immediate use to lawyers working for domestic companies
that operate on the EU markets and to professionals working in
administrative authorities in charge of international trade.
Eventually, as Serbia progresses along various stages of
integration, the knowledge of the ECJ's judgments interpreting
various Association Agreements and rights of individuals contained
therein will prove to be an effective tool to all those lawyers in
charge of implementation of the Agreement and harmonization of the
Serbian law with the Community legislation.
INTERNATIONAL PRIVATE LAW IN THE
CONTEXT OF THE EU LEGAL STRUCTURE
syllabus
Course description: The course deals with the communitarization of
private international law in the EU. Issues regarding its legal
bases in the TEC, i.e. Articles 61-69 and particularly Article 65,
the effects of Article 65 TEC on the legislative competence of
Member States in the area of private international law and on the
external relations, i.e. relations to third countries will be
considered. Questions regarding the acquis communitaire in the area
of private international law and the inter-relation between
community law and municipal private international law of the Member
States will also be addressed. Particular attention will be devoted
to sources of communitarized private international law as classified
by Article 65.1 - service of documents, taking of evidence,
jurisdiction and recognition and enforcement of decisions in civil,
commercial, matrimonial matters and matters of parental
responsibility, insolvency proceedings, European enforcement order;
Article 65.2 - applicable law to contractual and non-contractual
obligations, divorce, matrimonial property regimes, succession;
Article 65.3 - compatibility of the rules of civil procedure.
Crucial issues of the Brussels I and Brussels II is, as well as the
Rome Convention on the Law Applicable to Contractual Obligations
will be addressed.
Teaching staff:
University of Belgrade: Professor Dr Gašo Knežević
University of Niš: Professor Dr Mirko ivković
University of Novi Sad: Professor Dr Bernadet Bordaš
LEGAL AND SOCIO-ECONOMIC ASPECTS OF THE
INTEGRATION OF SERBIA IN THE EU
syllabus
The course represents one of the essential prerequisites for future
and current professionals to better understand the EU and EU
accession process. However, decision-making and management positions
demand increasingly broad analytical skills and interdisciplinary
knowledge. The course is designed with the aim of attaining two
principal goals. Firstly, to provide a comprehensive background on
the functioning, interrelation and rule-making processes in the EU
and to examine how does this affect new member states as well as
prospective member countries (with the special focus on Serbia).
Countries aspiring for membership are required to accept the
community heritage in full (en block) and to commence with its
implementation in a short period of time, and even before they
become members. This part of the course will discuss the legal
harmonization and the taking-over of regulatory concepts and their
consequences.
Secondly, to introduce students to fundamental economic concepts
behind the EU integration process. Here, much attention will focus
on the integration of economic theory with EU legal and regulatory
framework in the context of EU accession. It is necessity, both for
scholars and practitioners to understand costs and benefits of
enlargement, the political economy and dynamics of opposition to the
process, the implications of EU conditionality for the economic
transition and social consequences of integration. However, the
purpose of the economic part of the course is not to transform
lawyers into economists, but rather to confer an additional degree
of sophistication, which would allow them to 'interconnect' more
easily and thus be directly useful for their later work in the EU
integration process.
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