DESCRIPTION OF COURSE UNIT
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Course unit title |
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Comparative Jurisprudence |
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Cycle of course unit |
MA |
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Type of course unit |
Elective course |
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Mode of delivery |
HR |
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Period when the course unit is delivered |
IV |
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Language of instruction |
English |
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Study requirements |
Comparative Jurisprudence subject includes elements from other areas of law. In order to successfully complete the course it is expected that students possess knowledge in International law, Contract/Tort Law, Constitutional Law, EU Law, International Commercial Law, (Criminal law). |
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ECTS credits |
Student’s workload |
Contact work hours |
Independent work hours |
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3 |
42 |
24 |
18 |
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The aim of the course unit |
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The aim of the course is to provide the basics of the methodology required to draft a comparative law paper, and to develop essential knowledge and understanding for the discipline of law comparison at the domestic level and at the international level. It will be suggested to consider various topics of substantive law in order to put them into perspective. For the purpose of this class, knowledge of foreign laws and the domestic legal system is valuable in order to push the reflection and discussion. It is expected that at the end of the course, students will be able to critically assess legal systems throughout specific aspects of law and case studies, and develop research skills. Class sessions will include a variety of teaching and learning activities including, without limitation, some or all of the following: lectures and class discussion, discussion of assigned readings, individual and/or group research projects, oral presentations, exams and other forms of assessment. |
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Learning outcomes of the programme |
Learning outcomes of the course unit |
Teaching and learning methods |
Assessment methods |
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Understand the fundamental concepts and theories of comparative jurisprudence. |
Analyze and compare different legal traditions of civil law and common law.
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Lectures; independent study of legal documents and cases; discussions |
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Develop critical thinking and research skills through case studies and class discussions |
Engage in interdisciplinary analysis by considering the intersections of law with other fields.
Evaluate the impact of culture, history, and politics on the development of legal systems.
Examine contemporary challenges and issues in comparative jurisprudence
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Discussions; independent study of legal material and case law; |
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Course contents |
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Topics |
Contact work hours and planned learning activities |
Independent work hours and tasks |
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Lectures |
Seminars and Training exercises |
Consultations |
Internship |
Other activities |
Assessment |
All contact work hours |
Independent work hours |
Tasks |
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Introduction to Comparative Jurisprudence
Definition and scope of comparative jurisprudence:
Purposes of legal comparison
Content of legal comparison
Methodology of legal comparison
The comparative process
Functionalism, a comparative method
Explaining Variation
Critical policy evaluation
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3 |
3 |
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6 |
2 |
Reading |
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Mapping the world’s legal systems :
Legal families classification
Transplant and reception of legal systems
Civil law vs. common law systems |
3 |
3 |
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6 |
4 |
Reading
Preparation of presentation on a traditional model or a legal family of system or a mixed system
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Comparative Constitutional Law |
2 |
2 |
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4 |
4 |
Reading
Preparation of presentation on on a specific topic of comparison between two domestic constitutional systems |
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Comparative Law of Obligations
Comparative Criminal law |
2 |
2 |
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4 |
4 |
Reading
Preparation of presentation on on a specific topic of comparison between two systems of law of obligations |
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Contemporary Issues in Comparative Jurisprudence
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2 |
2 |
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4 |
4 |
Reading
Preparation of presentation on on a specific topic of contemporary issues in Comparative Jurisprudence |
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12 |
12 |
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24 |
18 |
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Assessment strategy |
Weighting percentage |
Period or date of assessment |
Assessment criteria |
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40% |
According to the course schedule |
Students will be invited to pick a topic of comparative law and make a presentation in class. Substantive content and style of presentation will be decisive for the mark. |
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Comparative paper |
60% |
The end of the course |
Students will be asked to produce a comparative law paper on a specific subject. Substantive content and logic of the format will be part of the mark. |
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Readings: |
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Additional readings: |
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Web-resources: |
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The aim of this course is to provide understanding of the basics of arbitration and litigation as methods of dispute resolution for cross-border commercial disputes between private parties. The course covers both theoretical and practical aspects, in particular issues of jurisdiction, applicable law and enforcement, with the main focus on arbitration, and also includes overview of the main acts of the EU law on international commercial litigation and arbitration.
Course name: Law of the WTO
Number of credits: 6
Aims: The course aims to introduce the students to the legal system of the World Trade Organization which governs the relations of States and other international actors in the legal framework within which nations trade. Special consideration is given to the resolution of international trade disputes and the control of abuse of state power, as well as to the ways in which the WTO Member States approach the control of anti-trade behaviour.
Course objectives:
- Define, analyse, and apply legal and non-legal rules in the context of international trade law applicable among nations;
- Assess and evaluate the role and influence of various national and international organs concerned with international trade;
- Explore the enforcement practice arising from the international functioning of the WTO and its interface with business activity;
- Develop research skills by applying appropriate research and reference materials and taking due regard to ethical, socio-economic and other relevant considerations arising from international trade law.
Expected outcomes:
- Good knowledge of the WTO structure and its main instruments and principles;
- critical understanding of the principal norms establishing the legal framework within which nations trade;
- improved critical thinking applying international trade law, analysing problems concerning abuse of state powers, resolution of disputes and the ways in which different jurisdictions approach control of anti-trade behaviour;
- Mastering the terminology of the field
- improved skills to plan, design, organise and implement autonomous research, drawing on primary international trade law sources and – as appropriate – contemporary scholarship and commentary.
The course syllabus includes the following topics:
- Introduction to WTO Law: international trade law and free trade; creation and historical development of the WTO; legal structure of the WTO;
- WTO dispute settlement;
- Trade in goods: non-discrimination;
- Trade in goods: market access;
- Trade in services – GATS;
- Trade related aspects of intellectual property rights (TRIPS).
Language of Instruction: English
Status of the Course: this course is compulsory for students of the Master's programme «International law and European law»
Название предмета: EU Competition Law
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Объем (ECTS кредиты) |
5 |
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Тип предмета (обязательный или по выбору) |
Elective |
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Семестр преподавания предмета |
9 |
Короткая аннотация (до 500 печатных знаков)
The course aims to provide its participants with an in-depth understanding of the basics of EU competition law. Building on economical theoretical background, it covers such issues as restrictive practices of undertakings (Art. 101 TFEU), abuse of a dominant position (Art. 102 TFEU) and merger control. Procedural questions of competition law enforcement will be addressed in the context of the above topics with a special focus on the network of competition authorities and the central role of the Commission.
The language of instruction is English.
Предпосылки прохождения предмета
For successful completion of the course, students are required to possess knowledge of EU law, general principles of economics, constitutional law.
Цель предмета
The overall objective of the course is to provide a clear insight in the functioning of the European internal market and to familiarise students with the method of market regulation through competition law based largely by the social market theory.
Связи между результатами программы, результатами предмета, методами обучения и методами оценивания достижения результатов
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Результаты программы |
Результаты предмета |
Методы обучения |
Методы оценивания достижений результатов |
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Knowledge of the contents of principles of law and individual legal institutes in the context of national, European Union and international comparative legal regulation;
Knowledge and understanding of both main and latest theories of law science representing the essence of law, its historical development, purpose and role in society |
Demonstrate understanding of EU competition policy, its principles and legal regulation framework; |
Lectures; independent study of legal documents and cases; discussions |
Case study; |
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Correctly interpret and apply legal provisions in light of EU Commission’s recommendations and court practice (ECJ); |
Lectures, independent study of legal documents and cases; discussions |
Case study; practical exersices; written assignment, dispute resolution simulation; |
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Demonstrate understanding of relationship between EU law and national law and policy; identify applicable legal rules in specific practical context; |
Lectures; discussions; |
Practical exercises; |
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To evaluate scientific and practical concepts |
Analyze main legal concepts (dominance, collective dominance; agreements; merger) in light of legal regulation and case law |
Lecures; discussions; independent study of legal meterial and case law; |
Practical exercises, written assignment; dispute resolution simulation; |
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To make critical and systematic analysis of the knowledge of the study field of Law and to apply the knowledge in professional activities, in the new and unfamiliar environment and in carrying out scientific research. |
Demonstrate understanding of legal concepts and economic basics and its role in the formulation of the competition policy; draw legal conclusions analyzing given facts in light of existing practice; understanding “gaps” in the legal regulation. |
Lectures; discussions, case study. |
Practical exercises; written assignment; dispute resolution simulation; |
Тематика курса
1. Introduction to EU Competition Law;
2. Prohibition of harmful collusions under Article 101 TFEU;
3. Prohibition of abuse of dominance under Article 102 TFEU;
4. Merger control;
5. Enforcement of EU competition law.
Распределение нагрузки студентов
40 ч. – контактные часы (лекции, семинары, онлайн-занятия и др.)
94 ч. – самостоятельная работа.
Формы и методы оценивания учебных достижений студентов
Written assignment, two case studies; court simulation;
Структура накопительной оценки
- Case studies (2) – 20 %
- Written assignment – 30 %
- Test – 10 %
- Final tutorial – 30 %
- Participation in seminars – 10 %
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Основная литература |
1. Jones, Alison & Brenda Sufrin, EU Competition Law: text, cases, and materials, Oxford: Oxford University Press, 4th edition, 2011;
2. Ezrachi, Ariel, EU Competition Law: An Analytical Guide to Leading Cases, Oxford: Hart Publishing, 2010;
3. The Treaty on European Union;
4. The Treaty on Functioning of the European Union;
5. Commission Notice on the definition of relevant market for the purposes of Community competition law, OJ C C372/5;
6. Regulation 1/2003 (OJ L 1, 4.1.2003, p. 1), consolidated version as last amended by Council Regulation No 1419/2006;
7. Procedural Regulation 773/2004 (OJ L 123, 27.4.2004, p. 18), consolidated version as last amended by Commission Regulation No 622/2008, 30.6.2008 (OJ L 171, 1.7.2008, p. 3);
8. 2006 Leniency Notice (OJ C 298, 8.12.2006, p. 17);
9. Case T-168/01 GlaxoSmithKline Services v. Commission;
10. IMS Health GmbH & Co. OHG v NDC Health GmbH & Co. KG, C-418/01 of 29.04.2004;
11. Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings;
12. http://ec.europa.eu/competition/index_en.html – regulations, directives and other official acts regarding competition law as well as case law on the site of the European Commission;
13. http://eur-lex.europa.eu/en/index.htm - data on EU primary and secondary law as well as case law;
http://ec.europa.eu/competition/ecn/index_en.html – official site of the European Competition Network.