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M1 in European Law

European Union litigation


Foreword

Introduction: Identification and structure of European Union litigation

§1): Organic connection: existence of a European Union jurisdiction
A) Excess of international justice
B) An unprecedented combination of judicial roles
1. Role of administrative justice
2. Role of constitutional justice
3. Role of international justice
4. Role of regulatory justice
5. Role of ‘high justice’

C) Real ‘jurisdictional authority’
§2) Substantive connection: enforceability of European Union law: a new approach
A) Direct effect and immediacy
B) Direct effect and enforceability

§3) Assessment: structure of European Union litigation

Part One: The national judge: an ordinary judge of European Union litigation
CHAPTER 1: COOPERATION OF MEMBER STATE JUDGES WITH RESPECT TO EUROPEAN UNION LAW


Section 1: Foundation of the office of Member State judges

Section 2: Legal system of cooperation of Member State judges

Sub-section 1: Principle of institutional and procedural autonomy:

§1: Rationale of the principle
§2: Content of the principle
§3: Subsidiary nature of the principle

Sub-section 2: Case law framework of institutional and procedural autonomy
§1: Principle of equivalence: minimum guarantee
§2 Principle of effectiveness: real guarantee

CHAPTER 2: COOPERATION BETWEEN MEMBER STATE JUDGES AND THE EUROPEAN UNION INSTITUTIONS

Section 1: Cooperation between actors in the European Union system

Section 2: Cooperation between judges: preliminary reference procedure


Sub-section 1: Purpose of the preliminary reference procedure

§1) Objectives of the procedure
§2) Actions eligible for referral


Sub-section 2: conditions of the preliminary reference procedure

§1: Conditions relating to the questioner

A) Possibility of referral: limits on the courts
B) Obligation of referral: distinguishing between jurisdictions

§2: Conditions relating to the context of the question

A) Existence of a dispute
B) Relevance of the question
C) Timing

Sub-section 3: Addressing preliminary reference procedures

§1) Receipt of questions

A) Assessment of the admissibility of questions
B) Consideration of the wording of the question

§2) Responding to questions: applicable procedure

A) Details of the procedure.
B) Organisation of the procedure


Sub-section 4: Scope of preliminary rulings


Part Two: The European judge: a judge specialising in European Union litigation
CHAPTER 1: THE COURTS OF THE EUROPEAN UNION
Chapter 1: Structure of the court system
Sub-section 1: Development
Sub-section 2: Composition of the court system
§1) Court of Justice
§2) General Court
§3) Former Civil Service Tribunal

Sub-section 3: Coherence of the court system

§1: Distribution of competences
§2: Errors or conflicts of competence
§3: Remedies

Section 2: Proceedings before the European Union judge
Sub-section 1: General aspects of the proceedings
§1) General features
§2) General course of the proceedings

Sub-section 2: Special proceedings
§1: Summary proceedings
§2: Intervention
§3: Amicable settlement
§4: Withdrawal
CHAPTER 2: ACCESS TO THE EUROPEAN UNION JUDGE

Section 1: Objective litigation

Sub-section 1: Annulment appeal

§1) Conditions for admissibility
§2) Grounds for judicial review
§3) Monitoring and judgment
Sub-section 2: Objective litigation for declaration
§1: Illegality exception (Art. 277 TFEU)
§2: Proceedings for failure to act (Article 265 TFEU)
§3: Infringement proceedings

Section 2: Subjective litigation

Sub-section 1: Action for extra-contractual liability
§1) Admissibility conditions for action for liability

§2) Difficulties in proving liability for damages
§3) Conditions governing liability


Sub-section 2: Civil service litigation
Sub-section 3: Other full jurisdiction proceedings
§ 1: Action for contractual liability
§ 2: Law enforcement litigation
§3: Intellectual property rights litigation



Type :
Course
Dates :
Created on January 9, 2018

Date of update January 8, 2020


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