Study:	The European Union Law - 10. semester
Code:	79163
ECTS:	4.0
Course coordinators:	prof. dr. sc. Hrvoje Sikirić prof. dr. sc. Vilim Bouček prof. dr. sc. Davor Adrian Babić
Lecturers:	doc. dr. sc. Tena Hoško - Lectures izv. prof. dr. sc. Dora Zgrabljić Rotar - Lectures
Exam dates:	29. 01. 2024. 12. 02. 2024. 15. 04. 2024. 10. 06. 2024. 24. 06. 2024. 08. 07. 2024. 26. 08. 2024. 09. 09. 2024. Exam registration: Studomat

Literature:

J. Lookofsky K. Hertz:; EU-PIL; European Union Private International Law in Contract and Tort; JurisNet (2009), str Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; , str Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I); , str Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II); , str

Description:

1.1. GENERAL PART The concept of European private international law. Europeanisation of private international law. The history of the development of European private international law. Legal structure of European private international law: The Amsterdam Treaty 1997 and the Nice Treaty 2001, the legislative authority of the EC for solving private law situations with international character, external competence of the EC and European private international law, sources of European private international law in the wider sense. The influence of human rights as a special constituent of European law on private international law. The influence of fundamental freedoms from the Lisbon Treaty on private international law. The role of the Court of the European Union (European Court). The influence of primary associative law on the Croatian private international law. 1.2. SPECIAL PART 1.2.1. The Applicable Law Regulation (EC) No 593/2008 of the European Parliament and the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), Regulation (EC) No 864/2007 of the European Parliament and the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II). 1.2.2. International civil procedure law Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000. Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000. Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings. Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims.

Cognitive Skills:

After having completed the course, student will be able to:

• explain the development of private international law in the law of the European Union;
• name the sources of European private international law;
• define the scope of application of those sources;
• recognise the rules applicable to a certain legal relationship, within the sphere of determining the applicable law, international jurisdiction and recognition and enforcement of foreign decision;
• identify connecting factors for determining the applicable law for contractual and non contractual relationships;
• remember which law is applicable to a certain legal relationship.

 

APPLICATION

After having completed the course, student will be able to:

• use and interpret judgments of the Court of Justice of the European Union relevant for a certain issue;
• illustrate the system of recognition and enforcement of foreign judgments within the European Union;
• apply the relevant conflict of laws rule to a certain legal relationship;
• sketch the order of application of connecting factors in contractual and non contractual relationships with an international element.

 

ANALYSIS

After having completed the course, student will be able to:

• differentiate the effects of choosing law in disputes with and without an international element;
• analyse the Court of Justice of the European Union practice in the area of private international law;
• compare the competences of the Union before and after the Treaty of Amsterdam came into force;
• question which state’s courts have international jurisdiction in a certain dispute;
• compare the scope of party autonomy between the choice of law in contractual and non contractual relationship and the choice of court.

 

SYNTHESIS

After having completed the course, student will be able to:

• prepare the draft of a contract/contractual clause regarding choice of court or choice of law;
• design examples of rules that form part of public policy;
• formulate a valid objection to recognition and enforcement of a foreign decision
• construct a solution to a problem regarding simultaneous procedures in different states of the European Union.

 

VALORISATION

After having completed the course, student will be able to:

• valorise the role of the Court of Justice of the European Union in creating private international law of the European Union;
• evaluate whish violations of law can lead to non recognition of a decision in a Member State;
• review the relation of the Brussels I Regulation and the Lugano Convention;
• conclude which advantages and disadvantages stem from the system of automatic recognition of decisions;
• estimate the advantages of choosing the court and the law.
•  

Practical and Generic Skills:

After having completed the course, student will be able to:

• present the acquired learning skills orally and in writing;
• present with arguments her/his standpoint on questions from the area of private international law of the European Union;
• find the relevant case law of the Court of Justice of the European Union;
• suggest contractual clauses related to private international law.

Matching Assessments to Learning Outcomes:

For all learning outcomes a written exam.

Consultations schedule:

• prof. dr. sc. Hrvoje Sikirić:

  Tuesdays, 16-17.30 h.

  Location: Ćirilometodska 4, room 5
• prof. dr. sc. Vilim Bouček:

  Tuesdays, 15.45-17.15 h.

  Location: Ćirilometodska 4, room 4
• prof. dr. sc. Davor Adrian Babić:

  Tuesdays, 10-11.30.

  Location: Ćirilometodska 4, room 21
• doc. dr. sc. Tena Hoško:

  Onilne (Google Meet) based on individual arrangment.

  Location: Ćirilometodska 4, room 57
• izv. prof. dr. sc. Dora Zgrabljić Rotar:

  Anytime with announcement by email (drotar@pravo.hr)

  Location: Ćirilometodska 4, room 47