Courses - Summer Semester
Courses - Summer Semester
I. General courses
EUROPEAN AND CZECH ENVIRONMENTAL LAW AND POLICY
MILAN DAMOHORSKÝ / MICHAL SOBOTKA / KAROLINA ŹÁKOVSKÁ
The course provides information about the development of the Czech and European environmental policy and law and about their current status. The course deals with legal, economic and institutional instruments of environmental protection in the Czech Republic and EU. It covers both sectoral and horizontal environmental legislation and the background of public administration of the environmental protection. The course also provides general information about the process of transposition and implementation of European environmental law in member states, especially on the example of the Czech Republic. Attention is paid also to international standards of environmental protection as to basis for European and national legal action.
Outline of the Course
1. The state of the environment on global, European and national level. International, European and Czech environmental policy
2. Environmental law as a key instrument of Environmental policy (system, instruments). Institutional safeguards for environmental protection
3. European and national environmental law – transposition and implementation
4. The liability system of environmental protection
5. Access to environmental information, public participation in environmental decision-making'
6. Main horizontal legislation I: EIA, IPPC
7. Main horizontal legislation II: Land-use planning
8. Air pollution regulation
9. Water resources protection'
10. Land and Forrest Protection
11. Biodiversity and Nature protection
12. Regulation of sources of endangerment I: Waste
13. Regulation of sources of endangerment II: Chemicals
14. Regulation of sources of endangerment III: Protection against accidental harm. Noise regulation
15. Ownership and Environmental protection. Land and Agricultural Law & Environment'
16. Role of the justice (courts) in the protection of environment
- Damohorský, M.: Czech Environmental Law, 2nd edition, Charles University, Prague 2006
- Kiss, A. – Shelton, D.: Manual of European Environmental Law, Cambridge University Press, 2nd Edition 1997
- Krämer, L.: European Environmental Law, Sweet and Maxwell, 6th Edition, 2007
- Krämer, L.: Casebook on European Environmental Law, Hart 2002
- Scheuer, S. (ed.): EC Environmental Policy Handbook – A critical Analysis of EU Environmental Legislation, EEB, 2005
- State Environmental Policy (2002-2010) (Ministry of the Environment)
- Report on the Environment of the Czech Republic 2009 (Ministry of the Environment)
EUROPEAN LAW IN THE CZECH–EU CONTEXT
RICHARD KRÁL / MICHAL TOMÁŠEK
first, basics of the institutional and legal system of the enlarged European Union and fundamental principles of its operation and evolution are presented. Then, summary of EU law of internal market and related policies will follow. Towards this background the institutional and legal aspects of the Czech EU membership shall be introduced. The course will focus also on the role of the ECJ and the effects of EU law within legal and judicial systems of the EU Member States. In this respect special attention shall also be paid to relevant Czech case law. The changes introduced by the Treaty of Lisbon will be discussed, too. The students shall be invited to reflect on their EU citizenship status and on the impact of EU law on the legal systems of their countries of origin. Therefore, the discussion in the class is welcome.
Outline of the course
1. The evolution of EC/EU
Evolution of tree Communities
Evolution of the EU
Structure of the EU after Lisbon Treaty
2. Basic methods and principles of EU system of governance
Division of powers
3. The EU and itsMember States
Becoming a Member State
The membership’s rights and duties
4. The EU-citizenship
An individual in the focus of the EU law
The legal substance of the EU citizenship
The EU Charter of fundamental rights
5. The system of EU law
Sources - General principles
6. The decision-making process
Institutions and their powers
Ordinary legislative procedure
Issue of democratic deficit- Role of National Parliaments
7. The law of Internal Market
Free movement of goods, capital and payments
Free movement of workers and students
Free movement of services and right of establishment
8. The EU competition law and policy
Abuse of dominant position
State aids- Enforcement
9. The Economic and monetary union and single currency
Single currency - EURO
European Central Bank
10. The EU budget and selected EU policies
EU budget – sources and spending
EU budgetary procedure
Common agriculture policy
11. The Area of freedom, security and justice
Border controls, asylum and immigration
Judicial cooperation in civil matters
Police and judicial cooperation in criminal matters
12. The European judicial system - The Court of Justice
Structure, tasks and jurisdiction
Position in the EU institutional balance
Procedures and rules
13. The European judicial system and national courts
Dialogue through Preliminary ruling procedure
Methods of interpretation of EU law
14. The application and enforcement of the EU law by the national courts and administrations
Direct applicability of EU law
Supremacy of EU law
Principles of loyalty and effect utile
15. The EU Directives
Consequences of improper transposition
16. The constitutional dimension of EU law
The process of constitutionalisation
The failed institutional reform under the Treaty on Constitution for Europe
The Treaty of Lisbon
17. The accession of the Czech Republic to the EU
The European clause of the Constitution
The Treaty on Accession
The leading “European” cases of the Czech courts
- Zemánek Jiří, Král Richard, Tomášek Michal Course planner and materials www.europa.eu (Selected documents)
- J. Steiner, L. Woods, EU Law, 10th edition, Oxford University Press, 2009
COMMERCIAL LAW AND INTERNATIONAL TRANSACTIONS
MONIKA PAUKNEROVÁ / ALENA BÁNYAIOVÁ
The course consists of two parts. The first part focuses on the general principles of Czech commercial law, including various aspects of business conduct in the Czech Republic such as the legal status of entrepreneurs and their commercial activities as individuals, the essentials of Czech company law and law of commercial contracts. Special attention will also be paid to the impact of the European legislation on this area of Czech law. Further, the course will deal in more detail with Czech competition law, both antitrust as well as unfair competition, and will provide background of certain particulars of commercial contracts, security obligations, breach of contracts, liability for damages and other types of remedies.
The second part of the course is oriented directly to the regulation of civil and commercial relations with an international element, as well as to some practical implications. Special regard will be paid to conflict rules and rules of international civil procedure in Europe and in the Czech Republic, to European Private International Law and Czech Private International Law. Further parts concern international commercial transactions, in particular commercial contracts and other formulations. Attention will also be drawn to the settlement of civil and commercial disputes.
Outline of the Course
I. Commercial Law
1. General Principles of Commercial law, Introduction to Czech Company Law
§ legal status of entrepreneurs
§ essentials of Czech company law
§ legal forms of companies
§ establishment of companies
2. Company Law – General Partnership, Limited Liability Company
§ corporate structure
§ rights and duties of partners (shareholders)
3. Company Law – Joint Stock Company
§ shares, registered capital
§ corporate structure, liability of members of corporate bodies
§ rights and duties of shareholders
4. Company Law – Joint Stock Company, Harmonization with EU Law
§ participations of shareholders in management of the company
§ principles of minority shareholders protection
§ mandatory tender offers
5. Competition Law – General, Unfair Competition
§ general overview of protection of competition
§ unfair competition - general clause
§ unfair competition - individual breaches and relevant case law
6. Competition Law - Antitrust
§ cartel regulation
§ abuse of dominant position
§ other means of public law protection of competition - merger control, public procurement, state aid
7. Commercial Obligations
§ general principles
§ law of contracts
§ typical commercial contracts
8. Commercial Obligations
§ breach of contracts
§ security obligations
§ liability for damages
II. Private International Law and International Transactions
1. General introduction and special characteristics of the Czech private international law, conflict of laws and substantive rules
§ General introduction - the working of private international law demonstrated
§ Private international law rules and related rules
§ Conflict rules in general
2. General introduction (continued), Sources of the Czech private international law, European private international law
§ Sources of the Czech private international law
§ European private international law - introduction
§ Special characteristics of Czech private international law
3. Private international law rules and related rules
§ Conflict rules – selected topics
§ Application of foreign law
§ Public policy
§ Mandatory rules and overriding mandatory rules
4. Persons in Czech and European private international law
§ Natural persons in private international law
§ Legal persons and “other than foreign natural persons” in private international law
§ Persons and freedom of establishment in European and Czech law
5. Contractual and non-contractual obligations in Czech and European private international law
§ Determination of the proper law of contracts and torts
§ Law applicable to contractual obligations in Czech and European private international law
§ Law applicable to non-contractual obligations in Czech and European private international law
6. International commercial contracts and Czech law - general climate, sources of law and other formulations
§ International commercial contracts
§ Sources of law
§ Conflict rules and direct substantive rules in Czech private international law
§ Other formulations - lex mercatoria under Czech and European law
7. Settlement of disputes in the Czech Republic and in Europe
§ International civil procedure under Czech law
§ Regulation Brussels I (Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters)
§ Other European instruments (European enforcement order for uncontested claims, European order for payment procedure, European small claims procedure)
8. International commercial arbitration in the Czech Republic as compared to other selected countries
§ Introduction – the options for international dispute resolution
§ Litigation or alternative dispute resolution
§ Arbitration in the Czech Republic
§ Arbitration rules in other selected countries
- Monika Pauknerová, Private International Law, Czech Republic in: International Encyclopaedia of Laws, Kluwer Law International, The Hague 2011
- Zuzana Slováková, Czech Business Law, Introduction: Monika Pauknerová, Charles University in Prague, Faculty of Law 2007
- The Commercial Code, Commentary, Trade links, Prague
- The Civil Code, Commentary, Trade links, Prague
- Lucie Bányaiová, Private Antitrust Litigation-Czech Republic, in: Getting the Deal Through, Global Competition Review, 2007
- Pauknerová, M., Růžička, K., Arbitration in the Czech Republic, in: P. Oberhammer (Ed.), Schiedsgerichtsbarkeit in Zentraleuropa, Arbitration in Central Europe, Center of Legal Competence Bd. 23, Manz Verlag, Wien – Graz 2005, p. 253- 374
- M. Bogdan, Concise Introduction to EU Private International Law, Europa Law Publishing, Groningen 2007
- Study on the conditions of claims for damages in case of infringement of EC competition rules – National Report – Czech Republic in: http://ec.europa.eu/comm/competition/antitrust/others/actions_for_damages/national_reports/czech_republic_en.pdf
ZDENĚK KÜHN / TOMÁŠ GŘIVNA
The purpose of the course is to provide a general introduction into Czech Criminal Law in a European context. The course will emphasize similarities and differences with other Western and Central European legal systems as well as the United States. The course is taught by academicians as well as practitioners with a deep expertise in criminal law.
The first part of the course deals with the substantive questions of Czech Criminal law. We will deal with some interesting aspects of criminal law, like the law of abortion, which gave the right to abortion long before the similar reforms in most Western European nations and the United States. We will also go through emerging questions of harmonization of European criminal law by the law making activity of the EU. The second part will focus on the law of criminal procedure. It will explain ongoing reforms of criminal procedure law in Central European region after 1989 and assess their effects. We will also observe similar reforms in criminal law in other Central European nations, above all Poland, Slovakia and Hungary.
Outline of the Course
1. The Issue of Abortion – Central European Experience
2. Criminal Law during Communism
3. Crime and Corruption after Communism
4. Procedural Law I. Anglo-American and Continental Conception of Criminal Process
5. Procedural Law II. Fact Finding
6. The Americanization of Criminal Procedure in Central Europe? The Case of Plea Bargaining
7. The Problems of Czech Criminal View: Judge’s View
8. Criminal Law and the EU: European Arrest Warrant
9. Criminal Law and the EU
10. Theorizing Criminal Law: a Feminist Challenge
- Chapter 1: No readings
- Chapter 2: POMORSKI S.: Communists and Their Criminal Law Revisited, 1989
- HAVEL V.: Kicking the Door, 26 NY Review of Books Number 4, 1979
- Chapter 3: COULLOUDON V.: Crime and Corruption after Communism. The Criminalization
- of Russia’s Political Elite, East Eur. Constitutional Rev., 1997
- MUNGIU-PIPPIDI A.: Crime and Corruption after Communism. Breaking Free at
- Last: Tales of Corruption from the Postcommunist Balkans, East Eur. Const. Rev., 1997
- Chapter 4: LANGER M.: From Legal Transplants To Legal Translations: The Globalization of
- Plea Bargaining and the Americanization Thesis in Criminal Procedure
- PIZZI William T., MONTAGNA Mariangela: The Battle to Establish an Adversarial
- Trial System in Italy, excerpts, 2004
- Chapter 5: DAMASKA M.: Presentation of Evidence and Factfinding Precision, 1975
- DIEHM J.: The Introduction of Jury Trials and Adversarial Elements into the Former
- Soviet Union and Other Inquisitorial Countries, 2001
- Optional: REICHEL P. L.: Comparative Criminal Justice Systems 254–273, 2005
- Chapter 6: LANGER M.: From Legal Transplants To Legal Translations: The Globalization of
- Plea Bargaining and the Americanization Thesis in Criminal Procedure, excerpts
- Optional: PIZZI William T., MONTAGNA Mariangela: The Battle to Establish an
- Adversarial Trial System in Italy, excerpts, 2004
- Chapter 8: European Commission Papers: Reactions to the Presentation of the Broad Outline of
- European Union Security Policy
- SANCHEZ W.: Council Framework Decision of 13 June 2002 on the European Arrest
- Warrant and the Surrender Procedures between Member States
- ALEGRE S., LEAF M.: Mutual Recognition in European Judicial Cooperation: A Step
- Too Far Too Soon? Case Study – the European Arrest Warrant, 10 European Law
- Journal 200, 2004
- Is the EU Unconstitutional? The German Federal Constitutional Court Decision on the
- EAW (Press Release)
- Chapter 10: SCHULHOFER S. J.: The Feminist Challenge in Criminal Law. University of
- Pennsylvania Law Review, vol. 143, 2151, 1995
CONTRACTS AND TORTS
DAVID ELISCHER / ONDŘEJ FRINTA / JANA HRSTKOVÁ
The purpose of the course is to give students an opportunity to study closely selected topics in the area of contracts and torts as provided in Czech Private law. In the first part of the course students will be introduced to principles of formulation, interpretation and enforcement of contracts. The relationship between the Civil Code and the Commercial Code will be considered. The following parts of the course will address in details legal protection afforded by the Civil Code against interference by others with security of ones person, property or intangible interests. Special emphasis will be given to consideration of general liability and special liability for damage. Students will have an opportunity to discuss current topics related to contracts and torts with practical examples from the legal practice and court decisions.
Outline of the Course
1. Contracts A.
Concept of Obligation • Historical and Modern Development • Decisive Features of Obligations • Principles of Obligations • Sources of Obligations • Types of Obligations • Origination of Obligations
2. Contracts B.
Concept of Contract • Foundations of the Binding Force of Contract (Lex Contractus) • Types of Contract • Parties to a Contract • Content of Contract • Origination of Contract • Harmonisation of European Contract Law (Principles of European Contract Law) • Principle of Good Faith in European Contract Law
3. Contracts C.
Introduction to Contracts • Principal Sources • Definition and Meaning • Foundations of the Binding Force of Contract· The Synallagmatic or Bilateral Contract and the Unilateral Contract·• Nominate and In nominate Contracts
4. Contracts D.
Common Types of Nominate Contracts • Comparison of Civil Code and Commercial Code·• Principles of Interpretation of Contracts • Purchase Contract·• Contract on Work·• Lease Contract
5. Contract E.
Recent Development • Consumer Contracts • Consideration of Cases and Examples from Legal Practice
6. Contracts F.
Contracts in Family Law (in general) • Marriage as a contract • Cohabitation as a contract • Joint consent over child’s fatherhood – a contract or not? • Contracts related with the joint property of spouses • Contracts related with the alimony
7. Torts A.
Introduction to Torts • Principal Sources • Civil liability • Prerequisites • Fault as a Prerequisite of General Liability for Damage • Comparative Overview • Case law
8. Torts B.
Wrongfulness /Unlawfulness as a Prerequisite of Liability for Damage • Comparative Overview • Case law
9. Torts C.
Damages • Manner and Scope of Compensation for Damage • Joint Liability • Comparative Overview • Case law
10. Torts D.
Causality as a Prerequisite of Liability for Damage • Different types of Special liability for Damage • Prescription in Tort Law • Comparative Overview • Case law
- Civil Code, Trade Links, Prague 1998
- HRSTKOVÁ, J.: Fundamentals of Czech Civil Law, Charles University, Prague, 2005
LABOUR LAW AND SOCIAL SECURITY LAW
MARTIN ŠTEFKO / KRISTINA KOLDINSKÁ
The course examines and compares the history, structure and regulations of both employment law (labour law) and social security law in Central Europe (mainly the Czech Republic, Austria, Germany, Poland and Slovakia). After a definition of general terms and a brief review of both legal theory and history, the course focuses principally on social risks covered by the said branches of law (for example pregnancy, maternity, sickness, disability to work, unemployment, invalidity or death of a breadwinner). The course provides a comprehensive study of current EC law, international law, and Czech labour and social security law including case law. If appropriate, there will be comparisons with other Central European countries. Special attention is devoted to the Posted Workers Directive, and pension and health care reforms in Central Europe.
Outline of the Course
1. Law of Social Protection and its History in Europe
History of Social Protection, Development of the Welfare State, Types of Welfare State, the Crisis of the Welfare State, Sources of Law (international and EC law), Social Welfare Rights, Functions and Aims of Labour Law and Social Security Law
2. The outline of the course, information about Exam, Employment Relationship, Definitions, Employee, EC Worker, Dependent Work, Employer’s Risks, General Principles, Other Types of Employment Relationships
3. Protection of Work, Liberalisation of Employment Law (Flexicurity), Choice of Law Rules, Non Competition Covenants
4. Contract of Employment, Employment Relationship, Establishment, Changes and Termination
5. Working Time, Rest Periods, Payments
6. Social Law and Social Rights
7. Pregnancy, Maternity, Working Conditions of Parents
8. Sickness, Invalidity, Aging, Poverty and Social Exclusion
9. Posting of Workers, Working Conditions in Central and Eastern Europe
10. Coordination of Social Security Laws
Reading List (Optional Literature)
- Pichrt, J.; Štefko, M.: Labour Law, Kluwer Law International, The Hague 2009
- Štefko, M.: Czech Labour Law in European Context, Charles University Press, Prague 2007
- Tröster, P., Vysokajová, M.: International Encyclopaedia of Social Security Law - Czech Republic, Suppl. 57, Kluwer Law International, The Hague 2006.
- Koldinská, K., Štefko, M. Sociální vývoj a sociální situace v Ceské republice v roce 2008, Die soziale Entwicklung und soziale Lage in der Tschechischen Republik im Jahr 2008, Friedrich Ebert Stiftung Prag Analyse aus der Tschechischen Republik 1/2009, available at http://www.fesprag.cz/cs/system/files/books/2009-1-cz.pdf, http://www.fesprag.cz/cs/system/files/books/2009-1.pdf
- Koldinská, K.: Czech and Slovak Labour Law – Protective or liberal? In: The International Journal of Comparative Labour Law and Industrial Relations, Kluwer Law International No. 24/3 2008
- Koldinská, K.: Soziales Europa? Testfall Tschechien. In: Collegium Europaeum Jenense (Hg.): Sociales Europa Testfall Polen und Tschechien (Tagung vom 15. Juni 2007). - Edition Paideia - Jena - Verlag IKS Garamond - 2008
- Koldinská, K.: Gender Equality: Before and After the Enlargement of EU: The Case of the Czech Republic In: European Law Journal, No. 2, 2007, Blackwell Publishing Ltd, Oxford
II. Courses of Specialization
LAW AND ECONOMICS
LIBOR DUŠEK / JOSEF MONTAG
This course is designed to introduce students into a framework of institutions such as formal laws, contracts, and informal norms within which all economic activity takes place. Economic analysis will be applied to illuminate the common law areas such as torts, contracts, property or criminal law. It will examine the effect of legal rules on individual behavior, behavior of firms, consequent resource allocation, income distribution, economic growth. Furthermore, the economic analysis will examine whether these legal rules are in line with reaching socially optimum outcomes. Prior acquaintance with principles of economics is desirable, although brief overview of the relevant economic concepts is given in the introduction.
Student Learning Outcomes
Upon completion of this course, students will be able to:
-understand the key concepts of the economic analysis of law (Coase theorem, incentives, efficient breach etc. )
-learn how legal arrangements enable or impede the functioning of markets
-acquire the skills to assess the role of legal rules in reaching socially efficient outcomes
I. Fundamentals of Law and Economics. Externalities and the Coase theorem
Cooter and Ulen: chapter 1, 2, 4
Posner, Richard: Economic Analysis of the Law (5th ed.). New York: Aspen Publishers, 1998 pp. 3-31.
Montag, J. and Sobek, T. (2018): Proportionality test, forthcoming in Marciano, A. and Ramello G.B. (Eds.). 2019. Encyclopedia of Law and Economics. Springer, available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3126389
Coase, Ronald H., The Problem of Social Cost. Journal of Law and Economics, Vol. 3 (1960).
Calabresi, G., & Melamed, A. D. (1972). Property rules, liability rules, and inalienability: one view of the cathedral. Harvard law review, 1089-1128.
II. The Economics of Property Rights
Cooter and Ulen: chapter 4, 5
Friedman, David: Defining and Enforcing Rights: Property, Liability, & Spaghetti, in Law’s Order: What Economics Has to do with Law and Why It Matters, 2003, chapter 5.
III. The Economics of Torts-Fundamentals and Liability
Cooter and Ulen: chapter 6, 7
IV. An Economic Theory of Contract I.- Fundamentals, Efficient Breach
Cooter and Ulen: chapter 8, 9
V. An Economic Theory of Contract II.- Asymmetric Information, Risk Allocation
Cooter and Ulen: chapter 8, 9
Akerlof, George A.,The Market for “Lemons”: Quality Uncertainty and the Market Mechanism, 1970, 84 Quarterly Journal of Economics, 488.
Ben-Shahar, O., & Schneider, C. E. (2014). More than you wanted to know: The Failure of Mandated Disclosure. Princeton University Press, Introduction.
VI. Economics of Crime and Punishment
Cooter and Ulen: chapter 11, 12
Becker, Gary: Crime and Punishment: An Economic Approach. Journal of Political Economy 76, 1968, pp. 167-217 (March/April).
Brabenec, T., & Montag, J. (2014). Criminals and the Price System: Evidence from Czech Metal Thieves. Journal of Quantitative Criminology, 1-34.
VII. Economics of Civil and Criminal Procedure
Cooter and Ulen: chapter 10
Garoupa, N. (2012). The economics of prosecutors. Research Handbook on the Economics of Criminal Law, 231.
Garoupa, N., & Stephen, F. H. (2008). Why plea-bargaining fails to achieve results in so many criminal justice systems: A new framework for assessment. Maastricht Journal of European and Comparative Law, 15(3), 323-358.
Dusek, L. and Montag, J. (2019) The effects of simplified criminal procedure: Evidence from one million Czech cases. Working paper, available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2629116
VIII. Legal Origins, Institutions, and Economic Growth
Shleifer A., R. LaPorta, F. Lopez-de-Silanes (2008). The economic consequences of legal origins, J of Economic Literature.
Djankov S., A. Shleifer, R. LaPorta, F. Lopez-de-Silanes (2003). Courts, Quarterly Journal of Economics.
Djankov S., O. Hart, C. McLiesh, A. Shleifer (2008). Debt Enforcement Around the World, J of Political Economy.
Acemoglu, D., Johnson S. and Robinson J. A. Institutions as a fundamental cause of long-run growth. In Philippe Aghion and Stephen N. Durlauf (Eds.), Handbook of economic growth: volume 1A, 2005, (pp. 386–464). Amsterdam: Elsevier.
Feld, L.P. & Voigt, S. (2003) Economic growth and judicial independence: cross-country evidence using a new set of indicators, European Journal of Political Economy, vol. 19(3), pages 497-527.
- Cooter, Robert and Ulen, Thomas, "Law and Economics, 6th edition" (2016). Berkeley Law Books. 2. Available online at https://scholarship.law.berkeley.edu/books/2
- Acemoglu, Daron, Johnson Simon and Robinson James A. Institutions as a fundamental cause of long-run growth. In Philippe Aghion and Stephen N. Durlauf (Eds.), Handbook of economic growth: volume 1A, 2005, (pp. 386–464). Amsterdam: Elsevier.
- Akerlof, George A.,The Market for “Lemons”: Quality Uncertainty and the Market Mechanism, 1970, 84 Quarterly Journal of Economics, 488.
- Becker, Gary: Crime and Punishment: An Economic Approach. Journal of Political Economy 76, 1968, pp. 167-217 (March/April).
- Ben-Shahar, O., & Schneider, C. E. (2014). More than you wanted to know: The Failure of Mandated Disclosure. Princeton University Press, Introduction.
- Calabresi, G., & Melamed, A. D. (1972). Property rules, liability rules, and inalienability: one view of the cathedral. Harvard law review, 1089-1128.
- Coase, Ronald H., The Problem of Social Cost. Journal of Law and Economics, Vol. 3 (1960).
- Dusek, L. and Montag, J. (2019) The effects of simplified criminal procedure: Evidence from one million Czech cases. Working paper, available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2629116.
- Djankov S., A. Shleifer, R. LaPorta, F. Lopez-de-Silanes (2003). Courts, Quarterly Journal of Economics.
- Djankov S., O. Hart, C. McLiesh, A. Shleifer (2008). Debt Enforcement Around the World, J of Political Economy.
- Feld, L.P. & Voigt, S. (2003) Economic growth and judicial independence: cross-country evidence using a new set of indicators, European Journal of Political Economy, vol. 19(3), pages 497-527.
- Friedman, David: Defining and Enforcing Rights: Property, Liability, & Spaghetti, in Law’s Order: What Economics Has to do with Law and Why It Matters, 2003, chapter 5.
- Garoupa, N. (2012). The economics of prosecutors. Research Handbook on the Economics of Criminal Law, 231.
- Garoupa, N., & Stephen, F. H. (2008). Why plea-bargaining fails to achieve results in so many criminal justice systems: A new framework for assessment. Maastricht Journal of European and Comparative Law, 15(3), 323-358.
- Brabenec, T., & Montag, J. (2014). Criminals and the Price System: Evidence from Czech Metal Thieves. Journal of Quantitative Criminology, 1-34.
- Montag, J. and Sobek, T. (2018): Proportionality test, forthcoming in Marciano, A. and Ramello G.B. (Eds.). 2019. Encyclopedia of Law and Economics. Springer, available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3126389
- Posner, Richard: Economic Analysis of the Law (5th ed.). New York: Aspen Publishers, 1998 pp. 3-31.
- Shleifer A., R. LaPorta, F. Lopez-de-Silanes (2008). The economic consequences of legal origins, J of Economic Literature.
Assessment and Course Requirements
Score on final written exam will determine 100% of the final grade in this course. Minimum requirement for passing the course is score greater than 50 and grades will be assigned according to the following table:
A (90 – 100)
B (80 – 89)
C (70 - 79)
D (60 - 69)
E (51 - 59)
F (0 - 50)
The final test is based on lectures and readings, (see the syllabus). Understanding of acquired concepts and theories is tested. In addition, students are expected to have completed assigned readings before particular session.
General Requirements and School Policies
Attendance is required. If students miss more than 40% of the classes for this course, they cannot be registered for the final exam and grade „insufficient“ automatically applies.
Excuses: a make-up exam is allowed only if a valid excuse and proper confirmation is submitted to the office explaining why the student could not attend the originally scheduled exam. The following are not acceptable excuses: scheduled flights or trips, scheduled non-emergency doctor appointments, job interviews, etc.
OUT-OF-COURT DISPUTE RESOLUTION
The aim of the course is to present different methods of dispute resolution. Litigating before national courts is not always the best method how to deal with the dispute which has arisen. Parties can employ number of other dispute resolution techniques and methods. First part of the course will deal with arbitration. Especially in the area of international commerce, arbitration became the preferred method of resolving disputes. After introducing features of international commercial arbitration, the course will focus on the differences which can be found in the area of investment arbitration. The classes on mediation will be divided between legal aspects of mediation and techniques and aproaches used by mediators. The course will conclude with an overview of other dispute resolution methods.
Outline of the course
1. General Introduction into Arbitration
- What is Arbitration?
- Arbitration’s Advantages
- Limits of Arbitration
- Regulatory Framework
2. Arbitration Agreement
- Validity of Arbitration Agreement
- Drafting the Arbitration Agreement
3. The Tribunal
- Appointment of Arbitrators
- Duties of Arbitrators
- Challenge to Arbitrators
4. Applicable Law and Rules
- Delocalisation v. Territoriality
- Law Appliable to Arbitration Agreement
- Rules and Law Applicable to the Arbitral Proceedings
- Law Applicable to Merits of the Case
5. The Arbitral Proceedings and Judicial Assisstance
- Taking of Evidence
- Interim Measures
- Anti-suit Injunctions
6. The Award
- Different Types of Awards
- Challenges to the Award
- Enforcement of the Award
7. Investment Arbitration
- Special Features of Investment Arbitration
- Washington Convention
- Bilateral Investments Treaties
- Standards of Protection
8. Legal Aspects of Mediation
- Nature of Mediation
- Duties of Mediator
- Legal Nature of Settlement
9. Methods Used by Mediators
- Facilitative Mediation
- Evaluative Mediation
- Collaborative Mediation
10. Other ADR Methods
- Dispute Resolution Boards
- Last Offer Arbitration
- Moses, Margaret L. The Principles and Practice of International Commercial Arbitration. 2nd Edition. Cambridge UniversityPress. 2012.
- Kordač, Zbyšek. ADR: Non-judicial adventures, Common Law Review, Prague, Issue 10, Spring 2009.
- Růžička, K., Rozhodčí řízení před Rozhodčím soudem při Hospodářské komoře ČR a Agrární komoře ČR. 2. rozšířené vydání. Plzeň: Vydavatelství a nakladatelství Aleš Čeněk, s.r.o., 2005, p. 199-204.
- Recommended reading
- Lew, Julian D. M., Mistelis, Loukas A., Kröll, Stefan M. Comparative International Commercial Arbitration. Wolters Kluwer. 2003.
- Born, Gary B. International Commercial Arbitration. Alphen aan den Rijn: Kluwer Law International, 2009.
- Blackaby, N., Partasides, C., Redfern, A., Hunter, M. Redfern and Hunter on International Arbitration. 5th ed. (Student version) Oxford: Oxford University Press, 2009
- Pauknerová, M., Růžička, K.: Arbitration in the Czech Republic, in: P. Oberhammer (Ed.), Schiedsgerichtsbarkeit in Zentraleuropa, Arbitration in Central Europe, Center of Legal Competence Bd. 23, Manz Verlag, Wien – Graz 2005, p. 253- 374
- Bělohlávek, Alexander J. Arbitration Law and Practice in the Czech Republic (with Regard to the Arbitration Law in Slovakia). Volume I. Linde. Prague, 2009, First edition.
LEGAL ARGUMENTATION AND DEBATE: FIRST AMENDMENT ISSUES IN CONTEXT
This course focuses on judicial decisions in various cases involving the First Amendment to the U.S. Constitution, which protects freedom of expression, freedom of the press, and freedom of religion. Students will be required to analyse U.S. Supreme Court decisions and form legal arguments in both class discussions and formal moot court debate exercises.
This course concerns the following issues, among others, relating to the First Amendment: presence of religious symbols in public places; obscene and indecent expression; commercial speech; religious and political expression in the workplace; and freedom of the press.
The objectives of this course are: 1) to deepen students’ understanding of U.S. interpretation of freedom of expression; 2) to provide students the context to compare and assess various approaches to such issues; 3) to provide the framework for students to determine the appropriate boundaries of individual freedoms; and 4) to aid students in acquiring and using sophisticated legal English vocabulary and grammar.
This course is designed as a follow-up to the winter semester course titled “Legal Reasoning: First Amendment Case Law”, yet naturally this course covers different topics and entirely new cases and principles that are not covered in the winter semester course. Prospective students who wish to register for “Legal Argumentation and Debate: First Amendment Issues in Context” without having taken the winter semester course are recommended to have knowledge of fundamental First Amendment principles, or corresponding European law principles on freedom of expression and religion. The instructor is prepared to provide any consultation necessary in that regard.
The instructor prepares the materials for the course from the selected bibliography below, along with other supplementary materials from the U.S. Supreme Court’s database.
- Irons, Peter (Editor, 1997). May it Please the Court: The First Amendment. The New Press.
- Post, Robert C. (2012). Democracy, Expertise, and Academic Freedom: A First Amendment Jurisprudence for the Modern State. Yale University Press.
- Stone, Geoffrey (et al.) (2008). The First Amendment. Aspen Publishers.
- Sullivan, Kathleen M. and Gunther, Gerald (2010). The First Amendment Law, 4th edition. Foundation Press.
ISLAM IN EUROPE - ECHR CASE LAW
This course focuses on analysing decisions of the European Court of Human Rights in various cases involving the limits of free religion and free expression rights especially of Muslims. In particular the free religion rights of Muslims are the focus of much attention and high court adjudication in the last two decades. Therefore many of the cases studied in this course are quite recent, including the 2014 decision concerning the French veil law (S.A.S. v. France).
The cases analysed in this course arise in various contexts, from school to workplace to general public life. In this course, students are encouraged to critically analyse the reasoning of the ECtHR, including the proportionality test and its implications. In addition, students will compare decisions reached by the ECtHR with decisions by American high courts to gain better understanding of different legal approaches.
The course is interactive and in-class Moot Court exercises are used for applying the law to fresh cases and hypothetical scenarios. There is a marked in-class Moot Court assignment in which students are divided into either lawyers or judges and the case is heard and decided.
The objectives of this course are: 1) to deepen students’ understanding of how the free religion rights of Muslims are interpreted by the European Court of Human Rights; 2) to deepen the students’ understanding of the principles of freedom of expression and religion; 3) to provide insight into current issues concerning the definition of human rights in Europe; 4) to provide useful context to compare and assess various approaches to reasoning free religion cases; 5) to aid students in acquiring and exercising sophisticated legal English vocabulary and grammar.
INTERNATIONAL ADMINISTRATIVE LAW
The course will deal with various aspects of the very specific branch of administrative law, which is described as
“international administrative law” (droit administratif international, diritto amministrativo internazionale,
Internationales Verwaltungsrecht). It will deal with key issues of this branch of public law: main sources of law
(bilateral and multilateral international agreements, soft law instruments, transnational impact of provisions of the
ordinary administrative law), administrative powers delegated to international organisations, transnational
administrative co-operation, transnational effects of administrative decisions and other public documents. The
course is opened for both Czech and Erasmus students.
1. Introduction to International Administrative Law: droit administratif international, diritto amministrativo internazionale, Internationales Verwaltungsrecht; Is International Administrative Law part of International or Administrative Law?
2. Historical perception of International Administrative Law, International Administrative Law as Object of Academic Attention
3. Legal sources of International Administrative Law, multilateral and bilateral international treaties, customary law, soft law
4. Administrative Unions I, their history, areas where they work and powers they have been conferred
5. Administrative Unions II, recent developments towards hybrid and private subjects being active in the field of administration
6. European Administrative Law
7. Recognition of foreign administrative acts I, topical issues of recognitions of foreign administrative acts
8. Recognition of foreign administrative acts I, transterritorial administrative acts
9. Is there a “Global Administrative Law”?
10. Written Exam
THEORY AND PRACTICE OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS
This is a multi-disciplinary course that provides students with a rigorous and focused engagement with different disciplinary perspectives on the subject of human rights including philosophy, sociology and law. It provides students with contending interpretations of human rights as an idea and practice from the different standpoints that
the disciplines present. The course applies the insights of disciplinary frameworks of understanding to key human rights issues such as universality, the right to life, free speech and globalization.
This course is designed to provide students with a broad introduction to the conceptual and legal problems raised by the development of a global human rights regime and to help students think their way through some of the complexities of European human rights law. It will provide an introductory analysis to the jurisprudence of he European Court of Human Rights and the substance of European human rights law, by looking at different generations of rights, their content and relation to each other, through an analysis of different “functions” of human rights (protection, participation, distribution, inclusion).
The students are expected after the conclusion of the course to be able to:
- identify various solutions to legal problems at hand and in addition, apply the relevant international law norms/rules in a qualified manner
- read and understand international case-law as well as identify the relevant issues in the concrete case - analyse the human rights norms in a contextual manner, i.e. to apply an ideological perspective.
1. What are “international human rights” and who cares? (The philosophy, politics, and critique of human rights, The history of international human rights)
2. The Substantive Dimension (The Sources of Human Rights Law: Types, generations and hierarchies of rights. Human rights: Between Universalism and Relativism Interpretation of human rights treaties. Limitations, exceptions, derogations.)
3. The future of the Strasbourg Court and enforcement of ECHR standards: reflections on the Interlaken process. Democracy as an instrument of justice (Developments in legal theory on democracy and justice. Development of the scope of human rights. Can human rights be cultural, social, economical, individual or collective?)
4. Substantive rights: Non-derogable rights (Art. 2 The Right to Life, Art. 3 Prohibition of Torture)
5. Substantive rights: Derogable rights (Art. 5 Right to Liberty and Security of Person, Art. 6 Due Process, Right to a Fair Trial, Civil Rights and Obligations, Art. 8 - 11 General introduction)
6. Substantive rights: Derogable rights (Art. 8 Privacy, Family, Home and Correspondence, Art. 9 Freedom of Thought, Conscience and Religion, Art. 10 Freedom of Expression, Art. 11 Freedom of Assembly and Association).
7. General provisions affecting Convention rights (Art. 13 Right to an Effective Remedy Before a National Authority, Art. 14 Prohibition of Discrimination, Sanctions and supervision of the Courts judgements)
8. The Convention and the EU (Relations Between Legal Systems: International Law, Community Law and National Law, The role of international law)
9. Substantive Law and the Common market (Conflicting treaties in international law, The Community Treaties and the Human Rights)
10. Concluding seminar
- P Agha, Human Rights between Law and Politics, Hart / Oxford 2016
- S Greer, The European Convention on Human Rights: Achievements, Problems and Prospects, Cambridge University Press, 2006.
- G Letsas, A Theory of Interpretation of the European Convention on Human Rights, Oxford University Press 2009.
CONSTITUTIONAL REVIEW IN CENTRAL EUROPEAN CONTEXT
The course provides knowledge and understanding of the theoretical and practical aspects of the functioning of constitutional adjudication in the Central European region. The starting point of the course is to provide detailed knowledge of the status and functioning of the Constitutional Court of the Czech Republic. Simultaneously, the course places the constitutional adjudication of Czech Republic into a wider context of Central Europe, i.e. in the context of constitutional adjudication as applied in Germany, Austria, Poland, Slovakia and Hungary. The purpose of the comparatistics is to provide broader knowledge and to point out (institutional, procedural, material, etc.) similarities and differences in the systems of constitutional adjudication of Central Europe as they are linked not only by common historical and theoretical base, but also in many respects by the similar nature of problems they recently face.
Outline of the individual topics:
Introduction – doctrinal and institutional approaches to constitutional judicial review in developed countries and their historical roots (abstract, concrete, incidental, ex post, ex ante, concentrated, diffused etc. constitutional review), constitutional adjudication in wider context of constitutional theory (the idea of the protector of the constitutional system, Kelsen vs. Schmitt controversy, constitutional review and the principle of sovereignty, constitutional review and the constituent power etc.).
History of the theory and application of the constitutional review in Central Europe – the theoretical roots of the continental model of constitutional review (Hans Kelsen, normativist approaches), first application of the model in Central Europe in interwar period (Czechoslovakian Constitutional Court, limits of implementation of constitutional review in other Central European countries, the reaction to the authoritarian turn in the 30´s), reconstruction of constitutional review after the Second World War and its downfall under communist regimes.
The recent position of the constitutional courts in the national division of power models in Central Europe – basic institutional, procedural and jurisdictional characteristics; personal organization; the creation of the constitutional courts; functional relations to other state bodies; the content and extent of competencies.
Constitutional courts and their view on some of the questions of constitutional theory concerning their own position in constitutional system – Different approaches to the extent and limits of constitutional adjudication in respect to constituent power and political processes, the danger of judicial activism.
Constitutional courts and international judicial authorities – positions of constitutional courts towards the jurisdiction of European Court of Human Rights and European Court of Justice.
Constitutional courts of Central Europe and their stance on the question of sovereignty in the context of European integration.
The constitutional courts under attack from the realm of political sphere in the Central European experience – personal emptying, personal take-overs and the reduction of competencies as tradition dangers to constitutional review.
The role of constitutional courts in the processes of the decline of liberal democracy in the Central Europe – stance towards the pressure in the human rights discourse, stance towards the political dynamics of illiberal democracies.
- KELSEN, H. Pure theory of law.
- SCHMITT, C. Constitutional Theory.
- DE VISSER, M. Constitutional review in Europe: a comparative analysis. Oxford : Hart Publishing. 2015.
- BLOKKER, Paul. New Democracies in Crisis?: A Comparative Constitutional Study of the Czech Republic, Hungary, Poland, Romania and Slovakia. Abingdon: Routledge, 2014.
- SADURSKI, Wojciech. Poland's Constitutional Breakdown. Oxford : Oxford University Press. 2019.
- BENVINDO, J. Z. On the limits of constitutional adjudication: deconstructing balancing and judicial activism. Springer. 2014
- VANBERG, Georg. 2009. The politics of constitutional review in Germany. Cambridge: Cambridge University Press.
Method of student evaluation:
To obtain credits, students must fulfil the condition of attendance (75%), active participation in the course and elaboration of the final essay (range of at least 5 standard pages).