By: The European Legal Training Center
The seminar will cover European Union jurisprudence and provide students with an understanding of its practical as well as theoretical application.
It offers through an analysis of the jurisprudence of the Court itself, the European Court of Human Rights in relation to Articles 6 (1) of the ECHR and the constitutional courts of Austria, Croatia, the Czech Republic, Germany, Slovakia, Slovenia and Spain where refusal for referral by national courts may lead to a violation of national constitutional rights. It further explores the obligations of Member States and national courts in the context of the referral process and how it affects the right to effective judicial protection.
The seminar is practical, as practical advice will be given on the referral process and appearing before the court. The seminar will be taught by a professor of European Law from the University of Essex.
Course Content
UNIT 1: What does article 267 TFEU provide.
- Introduction of the course and explanation
- Trainer introduction
- Student introduction
- Explanation of article 267 TFEU and its contents
- Why is the use of the preliminary referencing procedures important
- Case study examples from the European Union and Cyprus
- Purpose of preliminary referencing and function of preliminary referencing according to EU institutions and ECJ
- The procedure set out in Cyprus law and EU law for preliminary referencing
- Case studies and practical exercises.
UNIT 2: Jurisdiction of the ECJ in preliminary referencing procedure.
- Explanation of jurisdiction of the ECJ
- ECJ Case law regarding ECJ jurisdiction
- Cyprus case law on jurisdiction issues.
- Case studies
- Practical exercises.
- Explanation of when ECJ can exclude its own jurisdiction
- Relevant ECJ case law
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Case studies and practical exercises.
UNIT 3: When can a national court request a preliminary ruling
- According to ECJ cases, EU cases and use in other jurisdictions
- Important cases where preliminary reference guidelines have been developed
- How these cases have been applied
- Explain when Cyprus national courts must apply for a reference
- Doctrine of Acte Claire using case law
- The application of doctrine of Acte Claire in Cyprus
- When Cyprus courts have discretion
- How has this discretion been applied in Cyprus
- Case studies
UNIT 4: Arguing the need for preliminary reference in your case before court.
- Practical advice on requesting a preliminary reference
- Advice on how to structure an application and arguments
- Case studies
- Practical exercises
- Group discussion
- how to apply in Cyprus
- Group Quiz
Language of Instruction: English
Instructor: Anastasia Karatzia
Price: €164 + VAT
Total Hours: 8
Start Date: 12/09/2022
End Date: 22/09/2022
