Procedures in European International Courts

  Estonia

Tallinn,  Tartu

Term: Summer 
Dates: July 21-Aug 8, 2009

Description: The course Procedures in European International Courts will be offered in three one-week modules. The total number of classroom contact hours is 39 and the course is worth 4 credits (6 ECTS credits).

Students will get acquainted with the judicial machinery of the two significant international court systems - the European Court of Justice in Luxembourg and the European Court of Human Right in Strasbourg. Emphasis will be on the practical issues which will be encountered by lawyers preparing cases for both courts, as well on the insights how cases are reviewed and prepared for the judgments in both courts. Both modules dealing with the courts will give a short overview of the basic legal texts utilized by the courts, as well as of the enforcement mechanisms. The complex relationship between the Luxembourg and Strasbourg courts will be addressed in the framework of the new European Constitution.

The program is divided into three one-week sessions:

I session: In Tartu, in the premises of the University of Tartu main campus

II session: In Parnu, in the premises of Tartu University Parnu College

III session: In Tallinn, in the premises of Tartu University Office in Tallinn.

Between the sessions there will be field-trips:
- the weekend between Session I and II: field-trip to Narva (the most eastern town of the European Union, bordering Russia);
- the weekend between Session II and III: field-trip to Saaremaa (Estonia's largest island and a popular tourist destination).

In addition to the courses there is a possibility to participate in Travel-study to St. Petersburg.

Highlights: The course is worth 4 credits (6 ECTS). The course will meet during 3 weeks. Each week the lectures will be held from Monday to Thursday. There will be 39 contact hours in the classroom. In addition, in the afternoons there will be meetings with practicing lawyers and field-trips to judicial establishments. Upon successful completion the participants will receive Tartu University's Certificate of Completion and an Academic Transcript.

Week 1: Procedure in the European Court of Justice
Responsible professor: Dr. Koen Lenaerts, Judge of the European Court of Justice

* Types of Community law, primary and secondary legislation, applicability of EC law within the Member States.
* The European Court of Justice (ECJ) and the Court of First Instance (CFI). Legal position of the court, composition, role of judges and advocates general. Hierarchy between the two courts. Applicability of decisions.
* Foundations in the Treaty, the right or duty to ask for a preliminary ruling, the procedure of a preliminary ruling, acte clair. The meaning of preliminary rulings.
Action for annulment - privileged, semi privileged and non-privileged applicants. Granting locus standi - the requirement of a direct individual concern.
* Actions of the European Commission against the Member States and other Institutions. Non-compliance with the decisions of the European Courts.
* Claiming damages caused by the institutions of the EC.
* Practical overview of the reality of litigating a case in the European Courts. The course of proceedings, written and oral pleadings and communicating with the court and the registrar.

Week 2: Procedure in the European Court of Human Rights (total of 13 contact hours)
Responsible instructor: Mr. Mart Susi

* The topics covered will include the procedure in the European Court of Human Rights prior and after the establishment of the permanent court in 1998. The proposed changes in procedure after the enactment of Protocol 14 will be reviewed.

* The module will focus in further detail upon the requirements for individual applications and review the statistics of appeals from the Member States.

* The usage of previous Strasbourg case-law in arguments of the parties and new judgments will be examined, as well as how the Court views the Convention as a "living instrument" through stretching its protection to areas not originally envisioned in the Convention passed in 1950.

* The module will also touch upon the possibility of the friendly settlement, and the types pf judgments on merits, including the types of just satisfaction (pecuniary and non-pecuniary damage) awarded by the court.

* The course will end with the examination of the issues related to the implementation of the Strasbourg decisions in national judicial systems, and the role of the Strasbourg machinery in the securing of the implementation of the judgments.

Week 3: New Developments in the Law of the European Union Internal Market (total of 13 contact hours)
Responsible professor: Dr. Norbert Reich

* The course will cover important ECJ cases and secondary legislation in three areas of particular dynamism:
1. Citizenship and free movement of persons
2. Services and social rights
3. The citizen as consumer - the consumer as citizen.

* It will cover such questions as:
- Rights of non-economic citizens and their family members with regard to residence and non-discrimination
- The importance of fundamental rights with regard to family reunion
- The "aftermath" of the "services directive"
- Posting of workers, fairness of working standards, and social action by trade unions
- Free movement and health services
- Protection of consumers against unfair terms in contracts
- Effective remedies for consumer protection
- The development of a "common frame of reference" in European contract law and the position of consumer law
- The future of consumer legislation in the EU: minimal vs. complete harmonization
- The role of private international law
- The participants will receive a paper with materials outlining the problems and questions to be treated during the summer course.

Degree Level: Bachelors Degree (Undergraduate)

Cost in US$: 1,650 EUR

Experience Required: no

This Program is open to American, Asian, Australian, Canadian and European Participants.

Participants Travel to Estonia Independently

Typically Participants Work in Groups

Application Process Involves:

• Written Application

University of Tartu, International Relations Office's Mission Statement: The University of Tartu is a national university uniting different branches of science. The mission of the University of Tartu is to act as the guardian and advocate of a highly educated Estonia through internationally acclaimed research and the provision of research based higher education.

Year Founded: 1632