Courses - Winter Semester

WINTER TERM

 

I. General courses

 

II. Courses of Specialization 

I. General courses

 
CZECH CONSTITUTIONAL LAW
 
JAN KUDRNA / HELENA HOFMANNOVÁ / MILUŠE KINDLOVÁ /MAREK ANTOŠ 

Lectures:

1) Introductory Information; Roots of the Contemporary Constitutional System of the Czech Republic (Kudrna)

2) Law-making and the Sources of Law in the Czech Republic; International Law and European Law (Hofmannová)

3) The President of the Republic (Kindlová)

4) The Government in the Parliamentary System of the Czech Republic (Kindlová)

5) Elections in the Context of Constitutional Law of the Czech Republic (Antoš)

6) Institutional Protection of Human Rights – the Judiciary, the Constitutional Court and the Public Defender of Rights (Kindlová)

7) The Charter and Its Character; the Principle of Equality (Hofmannová)

8) Political Rights in the Czech Republic (Hofmannová)

9) Principles of the Welfare State and Social Rights in the Charter, related decisions of the Constitutional Court of Czech Republic (Hofmannová)

10) Transformation of the Constitutional System; Selected Topical Problems – Sample Study: Lustration (Kudrna)

11) Examination
Course Materials:

  • The Introduction to Czech Constitutional Law (a course-book)
  • The Constitution of the Czech Republic
  • The Charter of Fundamental Rights and Freedoms
  • Kieran Williams: A Scorecard for Czech Lustration (in Central Europe Review, Vol. 1, No. 19, available at

http://www.ce-review.org/99/19/williams19.html)

 

 

PUBLIC POLICY: AN ECONOMIC PERSPECTIVE 

HELENA CHYTILOVÁ

Course Description
The course aims to provide students with basic knowledge of economic issues and economic principles. It studies behaviour on the part of consumers and firms, how markets work, market efficiency and market failure, public policy issues such as taxation, trade policy, the problems of unemployment, inflation, and economic growth, and the instruments of monetary and fiscal policy.

Lectures:
MICROECONOMICS
I. Homo Oeconomicus and its Behavior
principles of economics, consumer choice, market demand
producer choice, specialization and comparative advantage
supply, demand and market equilibrium
II. Government Regulation
state price interventions, taxes and subsidies
monopoly, regulation, cartels, antitrust law
III. Market for Factors of Production
labor demand, labor supply, equilibrium wage, minimum wage laws, trade unions and unemployment
capital markets and the interest rate, usury laws
IV. Market Failures
property rights, externalities, transaction costs, Coase theorem, free common resources, free goods, public goods, free rider problem
MACROECONOMICS
V. Measuring a Nation´s Income
Domestic product, price index, aggregate expenditures
VI. Economic Growth
productivity, physical and human capital
VII. Money and Inflation
money, money supply and state monopoly over money creation, money demand, inflation, nominal and real interest rate
VIII. Open Economy and Trade policy
export, import, exchange rate, flows of capital, international trade regulations
IX. Business Cycle and Macroeconomic Regulation
aggregate demand and aggregate supply model, monetary policy, fiscal policy, Phillips curve, short run and long run

Selected Readings:
Mankiw, G. N., Principles of Economics, 2004, Mason: Thomson, course book, (a different edition may also be used)
Becker, G., Nobel lecture, The Economic Way of Looking at Behavior, Journal of Political Economy, Vol. 101, No. 3, Jun., 1993, pp. 385-409, (Section I.).
Smith, A. an Inquiry into the Nature and Causes of the Wealth of Nations, Chapter 1 (pp.10-17), an Electronic Classics Series Publication, Jim Manis, Editor, PSU-Hazleton, Hazleton, PA 18202, Pennsylvania University, 2005, (Section I.)
Coase, R.H., The problem of Social Cost, Journal of Law and Economics, Vol. 3, Oct., 1960, pp. 1-44, (Section IV.)
Acemoglu, D., Robinson, J., The Making of Prosperity and Poverty, Chapter 3, in book: The Origins of Power, Prosperity and Poverty, Why Nations Fail? Crown Business; Reprint edition, Sep. 17, 2013, ISBN-13: 978-0307719225, (Section VI.).
Friedman, M., Friedman, R., The Anatomy of Crisis, The Journal of Portfolio Management Fall 1979, Vol. 6, No. 1: pp. 15-21, (Section IX.).

 


PRIVATE LAW

ALENA MACKOVÁ / ONDŘEJ FRINTA / DAVID ELISCHER / MARTIN ŠTEFKO / PETRA ŽIKOVSKÁ 

Course Description
The aim of the course is to introduce the essentials of Czech private. Private Law, after 1989, has become again the very basis of the Czech legal order. The first part of the course is aimed at the understanding of the private law system, and its fundamental notionss and principles thereof. Then, the course will focus in more details on the essentials of property and other rights to things, essentials of contracts as well as essentials of torts. The end of this part of the course is aimed at labour law and intellectual property law. At the end of the course the attention will be paid to the judicial protection of the rights in the Czech Republic. This is aimed at the elements of the judiciary system, the civil litigation and the system of legal remedies. 

Outline of the Course

1. Introduction to the Private Law and Fundamental Institutions of the Private Law
History of civil law • Basic principles of private law • System of private law 
Subjects of rights and duties • Property rights • Law of obligations etc.

2. Property Law
System of rights to things • Ownership • Lien (pledge, mortgage), easements,
rights of retention

3. Contracts
Fundamental principles • Formation of contracts • Types of contracts

4. Torts
General and special liability for damage • Compensation of damage • Unjust
enrichment

5. Law of Succession
Concept and function • Testamentary succession • Intestate (statutory) succession

6. Family Law
Features of the Family Law • Comparative insight into several institutes • Present
codification and the future of the Family Law

7. Labour Law
Fundamental legislative changes • Provision of Employment • Collective Labour
Law • Labour Disputes

8. Protection of Intellectual Property
Copyright Law • Industrial Property Rights • Trade Mark Law

9. Judiciary System
Overview of the History • Elements of the Judiciary system • Role of the
Supreme Court

10. Courts, Judges and Legal Aid System
Independence of the judge • Position and the liability of the judge • The Bar
(Attorney, European Attorneys)

11. Civil Litigation
Basic principles of civil litigation • Role of the court and parties • Rules of
evidence, judgement, costs, review 

Reading List
Private Law – Excerpts from the textbook of Civil Law, Codex, 1995, Vol. 1

MACKOVÁ, WINTEROVÁ – Civil Procedure in Czech Republic, International Encyclopaedia

of Laws, Kluwer, 2007

BĚLINA, M.: Labour Law and Industrial relations in the Czech Republic, (in: Labour Law and Industrial

Relations in Central and Eastern Europe, Kluwer Law International, The Hague 1996)

International copyright law and practice, yearbook, Mathew Bender

Text of laws:
Civil Procedure Code, Trade Links, Prague, 1999

The Civil Code, Trade Links, 1998

The Act on Arbitral Proceedings and Enforcement of Arbitral Awardes

 

ADMINISTRATIVE LAW I, II 

RICHARD POMAHAČ / JAKUB HANDRLICA / ZDENĚK KÜHN / LENKA PÍTROVÁ 

Course Description
Administrative law is a body of law the rules of which are characterized by derogation from common/private law in accordance with the demands of public interest. The course is concerned with the sources and principles of administrative law and regulatory policy. It focuses on two key problems - the judicial review of administrative action and the structure and function of the European Administrative Space.


Outline of the Course

  • Administrative Law I
    (Administrative Law in Comparative and European Perspective) 

1. National and Transnational Public Administration. Good Governance

2. Substantive Principles of Administrative Law
Legality and Restricted Discretion • Equality • Transparency • Proportionality • Legitimate Expectations • Public Liability

3. Procedural Principles of Administrative Law
Right to Hearing • Equality of Arms • Due Care • Fair Proceedings

4. Administrative Justice and Judicial Review

5. Europeanization of Administrative Law and the European Administrative Space

6. Comparative Administrative Law

Reading List:
1. POMAHAČ, R.: Czech Administrative Law, Charles University, Prague 2009

2. Administrative transformation in Central and Eastern Europe (ed. J. J. HESSE), Blackwell, Oxford 1993

3. Principles of Good Administration http://www.statskontoret.se/upload/Publikationer/2005/200504.pdf

4. The Independence and Efficiency of Administrative Justice http://www.aeaj.org/spip.php?article77  

  • Administrative Law II
    (Administrative Law and Public Administration Reform in the Czech Republic in the context of its EU membership)

7. Organization of the Public Administration in the Czech Republic I

Government • Ministries • Czech National Bank • Supreme Audit Office• Independent Regulatory Authorities (problems and challenges) 

8. Organization of the Public Administration in the Czech Republic II

Cooperation of the Czech administrative authorities with the EU agencies • Cooperation of the Czech administrative authorities with authorities of the other Member States

9. Delegation of powers on the persons of the private law

Challenges and risks • New trends in public administration (receptions of the UK models in the Czech law) • Examples (construction procedures) • Problem of control of the decision making by the persons of private law

10. Decision making in the process of change I

Administrative Act • Certificate issued by authorised inspectors • Public contracts • Administrative acts issued in the other EU Member States • Case studies

11. Decision making in the process of change II

Measures of general nature • Planning law and special development • Case studies

12. Judicial Control – Code of Administrative Justice

Reading List:

1. POMAHAČ, R.: Czech Administrative Law, Charles University, Prague 2009.

2. COMTE, F.: 2008 Commission Communication “European Agencies - the Way Forward”: What is the follow-up since then?, Review of European Administrative Law, Vol. 3 (2010), pp. 65-110 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0135:FIN:EN:PDF

3. MEUWESE, A., SCHUURMANS, Y., VOERMANS, W.: Towards a European Administrative Procedure Act, Review of European Administrative Law, Vol. 2 (2009), pp. 3 – 35. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1494274

4. Designing independent and accountable regulatory authorities for high quality regulation http://www.oecd.org/dataoecd/15/28/35028836.pdf

5. Code of Administrative Procedure (in: Nový správní řád, zákon č. 500/2004 Sb. Act of 24th June 2004 Code of Administrative Procedure. Praha:ASPI, a.s., 2005) http://aplikace.mvcr.cz/archiv2008/spravnirad/500_2004_eng.pdf

6. Code of Administrative Justice (in: Nová úprava správního soudnictví, ASPI Publishing, 2003 http://www.nssoud.cz/docs/cap2004.pdf

 

INTERNATIONAL PROTECTION OF HUMAN RIGHTS - Universal and Regional Standards

HARALD CHRISTIAN SCHEU 

Course description
This course examines different aspects of international human rights protection. Special focus will be given to the protection of human rights as a fundamental component of the current international legal system. The course will introduce students to the development of both universal and regional human rights instruments and mechanisms of protection. Participants of the course will examine the international human rights system in the context of current changes in the structure and organization of international law.

Students will explore the functioning of universal and regional human rights mechanisms. The course aims at providing insight into relevant instruments of protection, like e.g. individual complaints, state reports and fact-finding missions. Students will further study selected case-law developed by the European Court of Human Rights and other international bodies, with a special focus to the practice of the Czech Republic.

Outline of the course

A. The Universal Protection of Human Rights
1. The Basic Structure of the International System for the Protection of Human
Rights – Norms and Institutions
2. International Standard Setting and United Nations Human Rights Treaties
3. International Mechanisms of Control
4. The role of the UN Human Rights Committee
5. Case Study I – Individual Communication to the Human Rights Committee

B. The Regional Protection of Human Rights
1. Regional Systems for the Protection of Human Rights
2. Universalism and Regionalism in International Human Rights Law
3. Regional Human Rights Organizations in Europe
4. The role of the European Court of Human Rights
5. Case Study II – Complaint to the European Court of Human Rights

Reading List
Mandatory Reading 

Walter Kälin, Jörg Künzli: The law of international human rights protection, Oxford University Press, 2009.

Manfred Nowak, U.N. covenant on civil and political rights. CCPR commentary, Kehl: Engel, 2005.

B. G. Ramcharan: The protection roles of UN human rights special procedures, Leiden: Boston: Martinus Nijhoff Publishers, 2009.

Martin Scheinin, Caterina Krause (ed.): International protection of human rights. a textbook, Turku, Finland: Åbo Akademi University, Institute for Human Rights, 2009.

Recommended Literature
Christian TOMUSCHAT: Human rights: between idealism and realism, Academy of European law, European University Institut, Oxford : Oxford University Press, 2003

Hellen Keller, Alec Stone Sweet (ed.): A Europe of rights. the impact of the ECHR on national legal system, Oxford University Press, 2008.

David ROBERTSON: A dictionary of human rights, London, 2004.

Walter KÄLIN, Lars MÜLLER, Judith WYTTENBACH: The face of human rights, Müller Publishers, Baden, 2004.

R. St. J. MACDONALD, F. MATSCHER, H. PETZOLD (eds.): The European System for the Protection of Human Rights, Martinus Nijhoff Publishers, 1993

Andrew CLAPHAM: Human rights obligations of non-state actors, Oxford University Press, 2006

Henry J. STEINER, Philip ALSTON (eds.): International Human Rights in Context, Clarendon Press, Oxford, 1996

Sandra FREDMAN (ed.): Discrimination and Human Rights. The Case of Racism, Academy of European Law, European University Institute, Oxford University Press, 2001

René PROVOST: International Human Rights and Humanitarian Law, Cambridge Studies in International and Comparative law, Cambridge University Press, 2002

Gudmundur ALFREDSSON & Asbjorn EIDE: The Universal Declaration of Human Rights: A Common Standard of Achievement, Martinus Nijhoff Publisher, Kluwer Law International, 1999

 

II. Courses of Specialization

 
FINANCIAL LAW

PETR KOTÁB / RADIM BOHÁČ / MICHAEL KOHAJDA 

Course Description
The purpose of the course is to provide rather brief and general and yet professionally oriented introduction to Czech Financial Law with occasional overlaps to the Financial Science. Special emphasis is given to those areas of Financial Law that are connected to the stay, activities, business and investments of foreigners in the Czech Republic.

Outline of the Course

  • General Introduction

Finance and money. Financial activity. Financial Law in the system of Czech Law. Financial organs. Ministry of Finance. Czech National Bank. Fiscal (tax) authorities. Customs authorities. 

  • Monetary Law

Tangible and intangible money. Issuance of money. Issuing authority. Legal tender. Forced circulation of money and connected rules. Payment intercourse. Payment systems. Czech crown and the euro. 

  • Foreign Exchange Control and Anti-Money Laundering Regulations

Foreign exchange regulations. Convertibility. Residents and non-residents. Foreign exchange values. Obligations and restrictions. Acquisition of real estate. Anti-money laundering legislation. Suspicious transactions. Reporting obligation. Identification of participants. Suspension of transaction. 

  • Czech Tax System

System of taxes and other budgetary revenues. Classification of taxes. Direct and indirect taxes. Basic elements of tax construction. Subject, object, tax base, tax rate and maturity. 

  • Income Taxes

Individual Income Tax. Corporate Income Tax. Taxpayers and payors. Computation of tax base. Partial tax bases. Tax residents and non-residents. Tax-deductible expenses and other tax-deductible items. Tax rates. Tax credits. Administration of Income Taxes. 

  • Value Added Tax

Universal indirect taxes. VAT concept. Taxable persons and VAT payor registration. Taxable supply. Principles of VAT. Output and input VAT. Tax point. Tax rates. Administration of VAT. VAT exemptions. 

  • Other Taxes

Property taxes. Real estate tax. Road tax. Transfer taxes. Inheritance Tax. Gift Tax. Real- Estate Transfer Tax. Excise taxes. Energy taxes. Customs. 

  • Banking Law

Central banking, commercial banking and investment banking. Types of banks and credit institutions. Criteria of bank authorization. Rules of prudent banking business. Capital adequacy. Credit and other asset engagement. Deposit insurance. Bank secrecy. 

  • Financial Market

Definition of financial market. Division of financial market. Capital and money market. Investment services. Investment instruments. Classification of participants of capital market. Collective investment. 

Reading List
1) Presentation outlines for individual lectures – will be distributed electronically at the end of the course

Recommended:

RADVAN, Michal: Czech Tax Law, 3rd edition, MUNI Press – Masaryk University, Brno, 2010

3) KOTÁB, Petr, VOŽEHOVÁ, Lucie, ŠAFKA, Jiří: Czech Republic, In: Financial Services Regulation in Europe (General Editor: Etay Katz), Second Edition, Oxford University Press, Oxford 2008, pp. 151-167

4) KOTÁB, Petr: Czech Republic, In: The International Comparative Legal Guide to: Corporate Tax 2011, Global Legal Group Ltd., London 2010, pp. 56-61

Also available for free download on the Internet at: http://www.iclg.co.uk/khadmin/Publications/pdf/3999.pdf

 

INTRODUCTION TO PUBLIC INTERNATIONAL LAW IN THE CZECH LEGAL CONTEXT

PAVEL ŠTURMA / VERONIKA BÍLKOVÁ

Course Description
The course intends to provide the participants with basic knowledge concerning
the theory of public international law. Particular attention will be given to the
Czech position in the international community and to the interaction between the
Czech legal system and international law.

 Outline of the Course

  • Introduction to the Course • Basic concepts • Public International Law and its

peculiarities in comparison with national legal orders

  • Relationship between international and internal law • Theory and practice •

Comparative approach • International dimension of the Constitution of the

Czech Republic • Article 10 and further developments

  • Subjects of international law • State and its jurisdiction • International organizations

at the universal and regional levels • Examples: United Nations and Council of Europe

  • International status of individuals • Natural and juridical persons • Nationals

and other categories of persons • Rights and obligations of individuals under international law

  • The Czech constitutional Charter of Fundamental Rights and Freedoms •

International protection of human rights • Categories of rights • Fundamental United Nations international instruments

  • International protection of human rights (cont.) • Implementation mechanisms

at the UN level • Case law

  • European protection of human rights • Activities and instruments of the

Council of Europe • European Convention on Human Rights, European Social
Charter, etc.

  • European protection of human rights (cont.) • ECHR norms and standards •

European Court of Human Rights and its interpretation of the protected rights •
Case law

  • International criminal justice • History and new developments of the prosecution

of war crimes and crimes under international law • International Criminal
Tribunal for the former Yugoslavia • International Criminal Court

  • Time reserve for a possible extension of any subject • Case studies • Tutorial

 

Reading List
M. GEISTLINGER & E. KONJECIC (eds.): Public International Law at Central European

Universities. Casebook, Karolinum, Praha, 2000

P. ŠTURMA (ed.): Implementation of Human Rights and International Control Mechanism,

PF UK, Praha, 1999

P. ŠTURMA: The European Convention on Human Rights and the Role of National Constitutional

Courts, in: Verfassung, Rechtsstaat und Demokratie im europäischen Umfeld. Seminar,

PF UK, Praha, 1999

P. ŠTURMA: Poverty and International Instruments on Economic and Social Rights, in: Hofmann

et al., Armut und Verfassung. Sozialstaatlichkeit im europäischen Vergleich, Verlag

Österreich, Wien, 1998

 

NATURAL RESOURCES LAW

MILAN DAMOHORSKÝ / MICHAL SOBOTKA / KAROLINA ŹÁKOVSKÁ 

Course Description
The aim of the course is to introduce and discuss basic approaches to natural resources management and protection under Czech law. Historical and political context is introduced with a specific consideration for transition from the state controlled economy. Attention is paid to the ownership rights over natural resources and statutory limits of their execution. Different public and private approaches to natural resources management are explained with respect to key conflicts between their economic utilisation and environmental protection. This course is related to the Czech and European Environmental Law and Policy course.

Outline of the Course

  • General introduction and overview
  • Legal regulation of mining
  • Energetic law
  • Atomic law
  • Renewable and alternative sources of energy
  • Water management law
  • Land use
  • Biological diversity protection and exploitation
  • Forest management law
  • Fishing and hunting
  • Marine resources

 

Reading List
Report on the Environment of the Czech Republic 2009 (Ministry of the Environment)

State Environmental Policy (2002-2010) (Ministry of the Environment)

State Energy Policy (Ministry of Industry and Trade, 2004)

The Raw Material Policy of the Czech Republic in the Field of Mineral Materials and Their Resources (Ministry of Industry and Trade and Ministry of the Environment, 1999)

National Renewable Energy Action Plan of the Czech Republic (Ministry of Industry and Trade, 2010)

Conception of Water Management Policy of the Czech Republic for the Period after EU Accession (2004-2010) (Ministry of Agriculture)

Report on Forestry in the Czech Republic (Ministry of Agriculture, 2009)

Game Management in the Czech Republic (Ministry of Agriculture, 2004)

Convention on Biological Diversity (Rio de Janeiro, 1992)

United Nations Convention on the Law of the Sea (Montego Bay, 1982)

 

CZECH LEGAL HISTORY

JAN KUKLÍK / PETR BĚLOVSKÝ / ZÁBOJ HORÁK

Course Description
In order to understand the recent legal development in Czech Republic it is an indispensable requirement to know the past. The Czechs are often deeply rooted in their history and the knowledge of the basics of Czech historical background appears therefore useful.

Outline of the Course
1.– 2. An outline of the Legal history of the Czech lands until the age of enlightened absolutism

3.– 4. Austrian Civil Law (foundations of civil law tradition, ABGB)

5.– 6. Criminal Law in the 19th century and Austrian constitutional development

7.– 8. Czechoslovak legal development 1918–1939: the first Czechoslovak Republic

The Constitutional Act 1920 • Legal dualism • Legal development 1938/1945

9.–10. Czechoslovak legal development 1945–1948 and 1948–1989 in outline

Constitutional developments • Characteristic of communist regime and its

periods • Main branches of law

11. Typology of State Law on Churches in states of Europe and Northern America.

12. State Law on Churches in Czechoslovakia and in the Czech Republic.

Reading List
V. MAMATEY & R. LUA: A history of the Czechoslovak Republic 1918–1948, Princeton, 1973

Z. A. B. ZEMAN: Pursued by a Bear: the Making of Eastern Europe, London, 1989

J. POLIŠENSKÝ: History of Czechoslovakia in Outline, Praha, 1991

J. KUKLÍK: The Recognition of Czechoslovak Government in Exile and its International Status

1939/1941, in: Prague Papers on History of International Relations, vol. 1, 1997

E. TABORSKY: Czechoslovak democracy at work, Londýn, 1945

G. ROBBERS (ed.): State and Church in the European Union, 2nd Edition, Baden-Baden, 2005

 

AN INTRODUCTION TO THE CENTRAL EUROPEAN JUDICIAL CULTURE

ZDENĚK KÜHN / MAHULENA HOFMANN

Course Description
This course focuses on the judicial culture of Central Europe, particularly on Poland, Hungary and the countries of former Czechoslovakia. We would briefly explain the origins of Central European judicial culture. After this historical introduction, we would deal with the communist judicial culture as developed in the four decades of Eastern European communism and with its impact on the transforming Central European legal cultures. We would compare various features of judicial culture and its ideology in Central Europe with Western European judicial culture and try to assess what new these countries can bring to the emerging new European legal culture. In the framework of this course, the constitutional systems of the new EU-candidate countries, Bulgaria, Romania, Croatia and Turkey, will be analyzed.

Topics
1. The Concept of Europe • The Historical Emergence of Eastern Europe • Does
Something like Central Europe Exist? • Gaze in the Course of the Centuries •
The Emergence of Central European Legal Tradition

2. Marxism and Law • Positivism or Anti-Positivism? • The Role of Judges and Law
in Marxist Theory

3. The Practice in the 1950’s: The Stalinist Judicial Culture: General Features, its
Central European Variations • The Emergence and the Decline of Communist
Anti-Positivism • The Practice in the 1970’s and 1980’s: Communist Post-Stalinist
Judicial Culture in Central Europe • Making a Post-Stalinist Ultra-Positivism

4. The Basic Problems of Post-Communist Legal Culture • The Transformation of
Post-Communist Judiciary

5. Facing a New European Legal and Judicial Culture: Are Central European Judges
Different?

6. The EU and its Judiciary in the Next Decade: How European Post-Communist
Newcomers Might Respond to the Challenges Relating to the EU Enlargement?

7–10. Constitutional Systems of the New EU-Candidate Countries: Bulgaria, Romania,
Croatia and Turkey

Readings is based on the coursepack, including:
Topics 1–6: Mirjan DAMAŠKA: The Faces of Justice and State Authority. A Comparative Approach

to the Legal Process. New Haven, London, Yale University Press, 1986.

Agata FIJALKOWSKI: The Judiciary’s Struggle towards the Rule of Law in Poland, in:

The Rule of Law in Central Europe (Jiří Přibáň, James Young eds.), Dartmouth: Ashgate, 1999

John HAZARD: Communists and Their Law. A Search for the Common Core of

the Legal Systems of the Marxian Socialist States. The University of Chicago Press, Chicago, London, 1969

Martijn W. HESSELINK: The New European Legal Culture, Kluwer-Deventer, 2001

Zdeněk KÜHN: Worlds Apart. American Journal of Comparative Law, 2004

LENIN V. I.: State and Revolution. http://www.marxists.org (excerpts)

Wojciech SADURSKI: Marxism and legal positivism, in: Essays In Legal Theory (Galligan D. J., ed.), Melbourne University Press, Victoria, 1984

Larry WOLFF: Inventing Eastern Europe, Stanford, 1994 Topics 7–10: Stanimir ALEXANDROV: Paving the way for Bulgaria’s accession to the European Union. – Fordham international law journal, 21 (1998) 3, pp. 587–601

Davor BOŽINOVIČ: Croatia and the European Union, in: Review of international affairs, 54 (2003) 1111, pp. 25–31

Dinesh D. BANANI: Reforming history: Turkey’s legal regime and its potential accession to the European Union, in: Boston College international and comparative law review, 26 (2003) 1, pp. 113–127 The selected case law and statutes

 

EMERGING LEGAL DISCIPLINES: MEDICAL LAW, SPORTS LAW, IT LAW


JAN KUKLÍK / PETR ŠUSTEK / PETRA ŽIKOVSKÁ AND OTHERS

Course description
Despite the increasing globalization and interdependence of national legal orders it is possible to observe certain internal tendencies for particularisation of law. The complexity of law and professional challenges bring needs for deeper specialization of modern lawyers beyond traditional branches of law. As a consequence new legal disciplines emerge and gain growing importance both in the legal theory and practice.

This course aims at introducing (some of) these new legal disciplines that arose often on the thin line between the Private and Public Law. The purpose of this course is to present the basic principles and most remarkable issues connected to these areas of law to the students and make them acquainted with approaches common to these legal (sub-)disciplines.

The Medical Law has received a lot of attention over the last decades as it is preoccupied with values central to human life and involves often great ethical implications. The Sports Law regulates not only a leisure activity but in the present world it is connected also to business activities as well as disciplinary or even Criminal Law issues (e.g. doping, liability for damages). Last but not least the IT Law also represents a discipline with great actual importance as it contains aspects of regulation of business activities, intellectual property rights or criminal liability on part of offenders in the cyberspace.

Outline of the course
1. Civil Liability for Medical Malpractice (dr. Holčapek)

2. Wrongul life, wrongful birth (dr. Šustek, dr. Peterková)

3. Euthanasia (dr. Šustek, dr. Peterková)

4. Pharmaceutical Law (dr. Sovová)

5. Sports Law – General Notion, Perspectives and Development (prof. Kuklík)

6. Doping in Sport and Civil Liability (dr. Sup, Mgr. Haindlová)

7. Jurisdiction over Sport Related Disputes (Mgr. Kohout)

8. IT Law – Technologies vs. Law (dr. Žikovská)

9. File Sharing and Protection of Intellectual Property Rights on the Internet (dr. Žikovská)

10. Crossroads of IT Law and Criminal Law (dr. Krupička)

Reading list
BRAZIER, M., CAVE, E.: Medicine, patients and the law, 4th ed., London: Penguin Books, 2007.
MASON, J. K.: Mason & McCall Smith´s law and medical ethics, 7th ed., Oxford: Oxford University Press, New York, 2006.

BLACKSHAW, I. S.: Sport, mediation and arbitration, Hague: T.M.C. Asser Press, 2009.

GARDINER S.: Sports law, 4th ed., London: Routledge, 2012.

 

IP AND IT LAW

PETRA ŽIKOVSKÁ / TOMÁŠ DOBŘICHOVSKÝ
 

Course description
This course covers the whole area of the intellectual property law and so called IT law. Lectures will also aim at copyrights, patents, trademarks, trade secrets and designs. The course addresses the policies underlying the protection of intellectual property and IT and compares the different ways organizations and individuals can use intellectual property to protect their interests. Technological developments and innovations affecting copyright are also addressed, including issues related to computer software, internet and cyberspace. Special attention shall be paid on the international case law at the respective field.


List of lectures
1. The subject and system of IP Law
2. Copyright Law – License agreements and limitations and exceptions
3. Copyright Law – Neighboring rights, other related rights and collective management
4. Copyright protection in Cyberspace
5. IT Law (protection of software, databases, know-how and other IP rights related to IT)
6. Industrial property – Trademarks
7. Industrial property – Patents, Utility models, Industrial designs, Geographical indications, Commercial names
8. International Copyright Law, EU Copyright Law



 


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