Study:	Civil Law - 9. semester Commercial Law - 9. semester Constitutional-Administrative - 9. semester Criminal Law - 9. semester International Law - 9. semester The European Union Law - 9. semester
Code:	111846
ECTS:	4.0
Course coordinators:	prof. dr. sc. Irena Majstorović
Lecturers:	izv. prof. dr. sc. Anica Čulo Margaletić - Lectures prof. dr. sc. Dubravka Hrabar - Lectures prof. dr. sc. Aleksandra Korać Graovac - Lectures izv. prof. dr. sc. Ivan Šimović - Lectures
Exam dates:	10. 06. 2024. 24. 06. 2024. 08. 07. 2024. 26. 08. 2024. 09. 09. 2024. Exam registration: Studomat

Literature:

Korać Graovac, A., Majstorović, I. (ur.); Europsko obiteljsko pravo; Narodne novine (2013), str. [object Object] Alinčić, M., Hrabar, D., Jakovac-Lozić, D., Korać Graovac, A.; Obiteljsko pravo; Narodne novine (2007), str Majstorović, I.; Harmonizacija i unifikacija europskoga obiteljskog prava; Pravni fakultet u Zagrebu (2009), str. [object Object]

Optional literature:

Alinčić, M.; Zaštita prava na sklapanje braka i osnivanje obitelji u europskim dokumentima o ljudskim pravima i u nacionalnim zakonodavstvima; Godišnjak Akademije pravnih znanosti Hrvatske, vol. IV, broj 1/2013 (2013), str. 25-37 Hrabar, D.; Nova procesna prava djeteta - europski pogled; Godišnjak Akademije pravnih znanosti Hrvatske, vol. IV, broj 1/2013 (2013), str. 65-76 Korać Graovac, A.; Hrvatsko obiteljsko pravo pred Europskim sudom za ljudska prava; Godišnjak Akademije pravnih znanosti Hrvatske, vol. IV, broj 1/2013 (2013), str. 39-51 Majstorović, I.; Europski pravni kontekst i značenje za hrvatsko materijalno obiteljsko pravo; Godišnjak Akademije pravnih znanosti Hrvatske, vol. IV, broj 1/2013 (2013), str. 77-91 Hrabar, D. (ur.); Hrestomatija hrvatskoga obiteljskog prava; Pravni fakultet u Zagrebu (2010), str. [object Object]

Description:

European family law is a part of a legal system which has been intensively developing during the last decades. Until recently, the family law has been considered as an area so marked by tradition, culture, custom and religious influences, that the efforts for the harmonisation of family law systems were not seen as feasible, or even possible. However, thee is a almost universal consent of the legal syicence today that the Europeanisation of family law, as a system which has fought it the most, is an irreversible process. The aim of the course is the analysis of the European family law, as a new regulatory area of the European Union, as well as the European family law in the wider sense, which notion includes the new corpus of law developing particulary within the Council of Europe and the European Union. Particular attention in this analysis shall be devoted to issues of substantive family law. European family law at this point does not represent a coherent system, hence it is the duty of national bodies to interpret it and implement it even more difficult. Numerous changes have occured after the accession of the Republic of Croatia to the European Union, causing further departure from certain concepts present in the national legal systems. It is therefore necessary to support the students in understanding and subsequent practical implementation of European family law, since the knowledge of the European standards, as well as the practice of the European court of human rights and probably soon the European court of justice, also in the area of family law represents a condicio sine qua non of the education of law specialists.

Cognitive Skills:

 

After successfully completing the course, students will be able to:

Knowledge

- recognise stages of European family law development

- recognise the significance of the most important institutes of family law

- define the most important institutes of family law

- enumerate basic principles of family law regulation

 

 

Understanding

- understand mutual relations of organisations within which European family law is developed

- discuss important social and legal issues on the basis of valid legal arguments

- describe the meaning and scope of individual family law institutes

- group the most important elements and cognitions connected to individual institutes

- express their opinion about current issues on the basis of conducted legal analysis

- identify developmental trends of European family law

- understand acquis communitaire in the area of family law and the connection between the acquis and national family law

- understand the significance of the practice of European Court of Human Rights and European Court for Family Law Development

 

Application

 

- apply acquired knowledge in the assessment of practice of European courts

- use available domestic and foreign professional literature

- reseacrg European court practice bases

- demonstrate knowledge and skills gained during the study in practice

 

Analysis

- distinguish between basic characteristics of the institutes which are permanent and those which are variable

- calculate financial implications of certain institutes and the costs caused by the action/omission of state bodies for the state

- compare national family law solutions during history with the current situation

- compare national family law solutions with foreign and supranational ones

- separate key issues in which additional progree of family law should be made

 

Synthesis

- propose argumented changes of European family law de lege ferenda

- formulate basic challenges that family law is faced with

- formulate national characteristics that should be maintained in the processes of harmonisation and unification

- formulate basic threats that the national family law systems are faced with

 

Evaluation

- assess the quality of legislative changes and practice

- estimate advantages and disadvantages of the existing family law regulation

- reexamine own opinions and opinions of other from the aspect of tolerance

- conclude about implementability and coherence of European integration processes

Practical and Generic Skills:

- ability to independently perform professional work

- ability to critically analyse crucial family law matters

- ability to adequately apply provisions of European family law in practice

Matching Assessments to Learning Outcomes:

Final grade is a grade point average of the grades for the essay and oral examination. Independently prepared essay is considered as a proof that the student has successfuly mastered basic European family law principles. On the basis of relevant literature, relevant facts are analysed and conclusions are made in the essay. Students are expected to understand the subject matter well, and to express legally valid conclusions. The essay is graded according to the customary criteria for grading student papers: good selection of the topic, using relevant literature, adequate structuring, expressing their own thinking and conclusions, with adequate referencing. Grades range from insufficient to excellent. Oral examination is an interview with the student who has to understand the subject matter and connect the facts. Oral examination generally represents more than mere reproduction of learnt facts, so the student has to understand the subject matter well. Additionally, students are expected to provide coherent and well founded explanation of their answers, and adequate argumentation of expressed points of view. In general, final grade is an arithmetic mean of the grades for essay and oral examination. However, in cases when one segment is significantly more successful than the other, a higher grade may be achieved than the one reached by mathematical calculation.

Consultations schedule:

• prof. dr. sc. Irena Majstorović:

  Thursdays 9-10,30 h, with a previous e-mail agreement

  Location: Trg Republike Hrvatske 3, room 28/II
• prof. dr. sc. Dubravka Hrabar:

  Tuesdays from 10,00

  Location: Trg Republike Hrvatske 3, room 27/II
• prof. dr. sc. Aleksandra Korać Graovac:

  Tuesdays 10.30-12 am

  (with prior notice by e-mail)

  Location: Trg Republike Hrvatske 3, room 29/II
• izv. prof. dr. sc. Ivan Šimović:

  Thursday from 16.00 pm

  with prior notice by e-mail

  Location: Trg Republike Hrvatske 3, room 301/III