EU Institutional Law

The goal of the course is to familiarize students with the institutional aspects of EU law by focusing on the principles and doctrines governing the processes of adoption and application of EU law, the functioning of EU institutions and the relationships between the Member States and the EU. An overview of legal measures and their role in the institutional structure of the EU will also be carried out. Special attention will be paid to the system of judicial protection in the European Union as a means of guaranteeing compliance with EU law by the Member States and EU institutions.

The background, establishment and evolution of the European Integration with special focus on the European law’s role in the development of the integration and the functioning of European institutions. The specificity of the EU law as a legal order of its own. The Union method as a means of guaranteeing and furthering the integration. The Union’s goals and values. The rule of law principle & its application in Poland.

The principles and doctrines governing the processes of adoption and application of EU measures, the functioning of EU institutions and the relationships between the Member States and the EU, including the doctrines of conferral, subsidiarity, proportionality, institutional balance, loyalty, effectiveness, primacy of EU law, direct effect including that of directives, indirect effect, state liability for breaches of EU law. The doctrines will be approached from the standpoint of their foundation, meaning, conditions, function, significance and impact.

The EU judicial order and tools for ensuring compliance with EU law by the Member States and EU institutions, including the preliminary references, enforcement actions against Member States including the infringement procedure and the pecuniary penalties, judicial review of EU law, failure to act, damages actions. Those procedures will be approached from the standpoint of their nature, function, operation, legal standing, conditions, composition, nature of the judgment, specificities.

Koen Lenaerts (2011), European Union Law, Sweet & Maxwell

Artur Kuś (ed.) (2013), Introduction to European Union Institutional Law, Wydawnictwo KUL

Paul Craig, Gráinne de Búrca (2008), EU law: text, cases and materials, Oxford University Press

Damian Chalmers, Gareth Davies, Giorgio Monti (2010), European Union law: cases and materials, Cambridge University Press

Marios Costa, Steve Peers (2020), Steiner & Woods EU law, Oxford University Press

Nigel Foster (2009), Foster on EU law, Oxford University Press

August Reinisch (2012), Essentials of EU law, Cambridge University Press

Stephen Weatherill (2007), Cases and materials on EU law, Oxford University Press

Ulf Bernitz, Xavier Groussot, Felix Schulyok (2013), General principles of EU law and European private law, Kluwer Law International

Andrea Biondi, Piet Eeckhout, Stefanie Ripley (2012), EU law after Lisbon, Oxford University Press

Paul Craig, Gráinne de Búrca (2011), The evolution of EU law, Oxford University Press

Alina Kaczorowska (2009), European Union Law, Routledge

Diamond Ashiagbor, Nicola Countouris, Ioannis Lianos (eds.) (2012), The European Union after the Treaty of Lisbon, Cambridge

Daniel Augenstein (ed.) (2012), ‘Integration through Law’ Revisited. The Making of the European Polity, Ashgate

the graduate knows and understands the structure, competences and functioning of the European Union and its impact on the member states and their mutual relations K_W05

the graduate knows and understands the basic legal and ethical norms constituting and regulating European social and economic structures and institutions, including the law on the protection of intellectual property and the sources of these norms, their specificity, evolution and impact on human behavior K_W07

the graduate knows and understands the basic scope of knowledge about man and citizen as constituting professional, social, state and supranational structures, his status and rights as well as the principles of functioning in these structures K_W12

the graduate is able to analyze structures and institutions, in particular political, economic, national, supranational and EU ones, in connection with their national and international environment K_U06

the graduate is able to identify and interpret scenarios for the creation and implementation of public policies at the national and supranational level and apply the acquired knowledge to the general diagnosis of the quality of policies pursued by European countries and the European Union K_U10

the graduate is ready to correctly identify and resolve dilemmas related to the profession K_K02

Written exam

Extra credits for active participation