LAW IN BUSINESS FROM THE EUROPEAN PERSPECTIVE

LAW IN BUSINESS FROM THE EUROPEAN PERSPECTIVE

Tutor JUDr. Marta Zavadilová Ph.D.

This LL.M. programme offers a unique opportunity to acquire in-depth knowledge of all areas of private and public law relevant for business activities in the European Union. Special attention is given particularly to private international law, corporate law, law of contractual and non-contractual obligations, competition law, European Union internal market freedoms, tax law, labour law, intellectual property law, and commercial dispute resolution from the law of the European Union and international law perspective.

This LL.M. programme is intended especially for lawyers planning to or already working as in-house counsels, auditors, or attorneys specializing in (international) commercial law.

Participants are required to complete 5 mandatory courses (each for 8 credits). In addition, they have to complete a minimum of 4 optional courses of their choice (each for 5 credits). In the third semester participants are expected to attend the LL.M. Thesis Seminar (5 credits) and write, submit, and orally defend an LL.M. Thesis. (25 credits).
 

  • Mandatory courses

    Winter Semester:

    Introduction to European Business Law, responsible supervisor: JUDr. Alena Bányaiová, CSc.

    The course introduces the general legal framework for business activities and commercial transactions within the European Union. Participants will gain knowledge of the general principles of business law, various legal aspects of business activities such as the legal status of entrepreneurs and their commercial activities, the essentials of company law and the most common commercial contracts, antitrust law, as well as competition law. It will be focused on relevant provisions of European Union law and some reflection thereof in the law of the Czech Republic and in the practice of Czech courts. The course will end with a case study where participants will get to test their gained knowledge on a hypothetical business case with real life relevance.

    Private International Law and International Business Transactions, responsible supervisor: JUDr. Marta Zavadilová, Ph.D.

    The course focuses on the regulation of business transactions with a cross-border element in private international law (PIL). It includes lectures on general concepts of private international law, system of sources of PIL, and rules of their application from the perspective of the Czech Republic as one of the Member States of the European Union. Lectures will be focused mainly on European PIL (Rome I, Rome II, Brussels I bis Regulations, Insolvency Regulation) and relevant case-law of the European Court of Justice. The main part of the course focuses on special provisions of the private international law relevant for business activities and commercial transactions such as provisions on the law applicable to status of natural persons and companies, contractual and non-contractual obligations (particularly in relation to contracts most commonly used), and the torts most commonly occurring in international business activities. Finally, the course includes lectures on the procedural aspects of cross-border commercial transactions, i.e., rules on jurisdiction of courts and main principles of alternative disputes resolution methods. 

    European Contract and Tort Law, responsible supervisor: prof. JUDr. PhDr. David Elischer, Ph.D.

    This course aims at deepening the knowledge of the law of contracts and torts in a wider European context, including the DCFR and PETL. Participants will gain skills to solve specific problems related to individual contractual obligations (formation and form of the contract, content of contractual arrangements, general terms, surprising clause, change of obligations, their securing and confirmation, termination, and others). Participants will also gain knowledge about the individual assumptions and prerequisites of civil liability and how they work in individual European tort systems. Based on the necessary knowledge of the rules of the law of contractual obligations and tort law and the relevant jurisprudence, the participants will develop their critical legal thinking.

    Summer Semester:

    EU Internal Market Freedoms and Competition Law, responsible supervisor: doc. JUDr. Magdalena Svobodová, Ph.D. 

    The course is an introduction to the foundations of the European Union internal market and its legal regulation. All of the lectures depart from positive law as construed by the European Court of Justice, whose case-law has not only been filling-in the lacunas of the Treaties but also shows which of its parts have proven to be important for economic practise. The course will demonstrate a common feature of all four market freedoms. Basic links to global economic regulation (GATT, GATS, TRIPs) are part of the course.

    International Economic Law, responsible supervisor: Prof. JUDr. Pavel Šturma, DrSc.

    The course focuses in more detail on both general problems and selected special areas of international economic law (IEL). The general part includes the concept, sources, and subjects of IEL, including the role of states and international organizations. The special part deals in particular with the WTO law and the protection of international investment. 

  • Optional courses

    Winter Semester:

    EU Law - General Introductory Course, responsible supervisor: prof. JUDr. Richard Král Ph.D., LL.M.
    (Mandatory for participants from non-EU countries who cannot prove previous sufficient background in EU Law) 

    The course is primarily designated for those participants who have not completed a comprehensive European Union law course during their previous undergraduate studies, i.e., particularly for participants from non-European Union countries, for whom this course shall be mandatory. The aim of the course is to provide general knowledge of the structure of the European Union, its functioning, institutions, and key policies and law, i.e., knowledge which will contribute to the efficient participation in other courses of this programme. 

    Fundamentals of Private Law for Business and the Judicial Protection of Rights in the Czech Republic, responsible supervisor: doc. JUDr. Ondřej Frinta, Ph.D., Prof. JUDr. Alena Macková, Ph.D. 

    The aim of the course is to introduce the essentials of Czech private law and civil procedure. The first part of the course is aimed at the understanding of the private law system (namely its fundamental concepts and principles, subjects, property and other rights to things, essentials of contracts, as well as essentials of torts). The second part of the course is focused on the system of courts, legal professions in the judiciary system, the legal aid system, the civil litigation (1st instance litigation, the system of legal remedies), and the enforcement of judgments as well. The system of Alternative disputes of resolution will be explained as well.

    Company Social Responsibility, responsible supervisor: Prof. JUDr. Kristina Koldinská, Ph.D

    This course will provide participants with basic information on social rights and their protection within a company. It will focus especially on labour law and social security, rights of employees, collective rights, and employer´s duties. Special attention will be paid to employer´s duties in connection with social insurance systems (paying contributions), e.g., when employing people from abroad. EU law and CJEU case-law will be discussed in connection with labour law and social security rights. Comparative perspectives and specificities of Central Europe will be taken into account.

    Transnational corporations: rights and duties, responsible supervisor: JUDr. Monika Feigerlová, PhD., LL.M.

    This course will provide participants with a basis for understanding the regulatory framework of the transnational corporations (TNCs) and multinational enterprises (MNEs) and will reflect on current challenges concerning the climate crisis and developments towards business sustainability. It will particularly focus on two areas of regulation: (i) the interaction between human rights and the TNCs, and (ii) the interaction between international investment arbitration and climate measures.

    Summer Semester:

    Comparative Private Law, responsible supervisor: Prof. JUDr. Michael Bogdan, B.A., LL.M.

    The course on comparative private law is intended to make the participants acquainted with the fundamental features of the principal legal cultures (common law, German law, French law, Chinese law, and Islamic law) regarding private-law issues. Another purpose of the course is to make the participants understand the main problems arising with the study of foreign law in general, as well as to introduce them to the theoretical and practical aspects of comparing, explaining, and evaluating national solutions to private-law problems.

    Public Law Regulation of Business Activities, responsible supervisors: prof. JUDr. Milan Damohorský, DrSc., Prof. JUDr. Zdeněk Kühn, PhD., SJD, LLM.

    This course shall introduce participants to the area of legal regulation that provides for the protection of public interests. The promotion of public interests (such as public order, protection of cultural heritage, environmental protection etc…) represents significant limits for the execution of individual rights. The powers of public authorities and means for their enforcement will be discussed as well as their judicial control.

    Intellectual Property Law, responsible supervisor: JUDr. at MgA. Petra Žikovská

    The course covers the area of intellectual property law, including patents, copyrights, trademarks, trade secrets and designs. The course addresses the policies underlying the protection of intellectual property and compares the different ways organizations and individuals can use intellectual property to protect their interests. Technological developments affecting copyright are also addressed, including issues related to computer software and the internet. Special attention shall be paid to the international case law in the respective field.

    Tax Law, responsible supervisor: JUDr. Petr Kotáb, Ph.D. 

    The purpose of the course is to provide solidly based and professional introduction into Czech financial law. Special emphasis is given to the law of public revenues, in particular taxes. The course focuses on such areas of financial law that are connected to pursuing business in the Czech Republic or that affect the integration of foreigners and foreign entities in respect of their stay, existence, and gainful and other activities in the Czech Republic.

Meet our lectures

  •

    JUDr. Marta Zavadilová, Ph.D.

    She is a member of the Department of Commercial Law, since 2018, she has been a senior lecturer in private international law and international commercial law. She graduated from the Law Faculty of Charles University in…
    Lecturer

    JUDr. Marta Zavadilová, Ph.D.

    She is a member of the Department of Commercial Law, since 2018, she has been a senior lecturer in private international law and international commercial law. She graduated from the Law Faculty of Charles University in 2003 and with her Ph.D. degree in 2007 at the same institution. She has more than 19 years of practical experience in private international law as legal advisor in the Ministry of Justice of the Czech Republic and practising lawyer and a member of the Czech Bar Association.

  • doc. JUDr. Ondřej Frinta, Ph.D.

    He is an associate professor of civil law at the Charles University (Czech Republic, Prague), Faculty of Law. Since 2004, he has worked at the Department of Civil Law, where he teaches compulsory private law courses and is a…
    Lecturer

    doc. JUDr. Ondřej Frinta, Ph.D.

    He is an associate professor of civil law at the Charles University (Czech Republic, Prague), Faculty of Law. Since 2004, he has worked at the Department of Civil Law, where he teaches compulsory private law courses and is a guarantor of  a private law course for incoming Erasmus students. He also takes part in LL.M. course Fundamentals of Private Law for Business and the Judicial Protection of Rights. His area of interest includes issues concerning legal regulation of subjects (both natural and artificial), their legal personality, capacity to perform juridical acts, legal status in family etc.

  • doc. JUDr. Magdaléna Svobodová, Ph.D.

    She teaches EU law at the Faculty of Law, Charles University. She has been a member of the Department of European Law since 2015. She became an associate professor in 2022. In her professional activity concentrates on the free movement of persons…
    Lecturer

    doc. JUDr. Magdaléna Svobodová, Ph.D.

    She teaches EU law at the Faculty of Law, Charles University. She has been a member of the Department of European Law since 2015. She became an associate professor in 2022. In her professional activity concentrates on the free movement of persons, free movement of services, EU citizenship, and protection of fundamental rights in the EU.

  • prof. JUDr. Milan Damohorský, DrSc.

    He graduated from Charles University, Faculty of Law in 1985. Before becoming a teacher (1989–2005) and later a professor of environmental law at Charles University in 2005, he served as lawyer specialist at the State Institute for Nature…
    Lecturer

    prof. JUDr. Milan Damohorský, DrSc.

    He graduated from Charles University, Faculty of Law in 1985. Before becoming a teacher (1989–2005) and later a professor of environmental law at Charles University in 2005, he served as lawyer specialist at the State Institute for Nature Conservation. He was Vice-Dean for Foreign Affairs for 22 years and Head of the Environmental Law Department and Erasmus and LL.M. Programmes Coordinator for 20 years. He is a member of the Commission of Environmental Law of the International Union for Nature Conservation, a member of European Council of Agricultural Law and president of the Czech Society for Environmental Law (from 2001). His main publications comprise monographs on environmental law liability and nature conservation. Author or co-author of more than 320 books, commentaries, textbooks, and articles on environmental law issues. 

  • JUDr. Petr Kotáb, Ph.D.

    He is a member of Faculty of Law of Charles University, focusing on international taxation, monetary law, financial markets, and banking. He lectured at other universities in the Czech Republic and the USA and has also…
    Lecturer

    JUDr. Petr Kotáb, Ph.D.

    He is a member of Faculty of Law of Charles University, focusing on international taxation, monetary law, financial markets, and banking. He lectured at other universities in the Czech Republic and the USA and has also been active in the practice of law as an attorney. He serves as the chairman of the Appellate Senate of the Czech National Bank and previously of the Czech Securities Commission.

  • prof. JUDr. Richard Král, LL.M., Ph.D., DSc.

    He is a professor of European law at the Charles University Faculty of Law since 1992. Graduated from the Law Faculty in1986. Master of EC law at the University of Amsterdam (1990–91). Is a member of the Legislative…
    Lecturer

    prof. JUDr. Richard Král, LL.M., Ph.D., DSc.

    He is a professor of European law at the Charles University Faculty of Law since 1992. Graduated from the Law Faculty in1986. Master of EC law at the University of Amsterdam (1990–91). Is a member of the Legislative Council of the Czech Government. He has authored many books, textbooks, and articles on European law issues, e.g., Transposition and implementation of EC Directives in the EU member states and Czech Republic, Prague C. H. Beck 2002; Principles of application of EC law by national courts, Prague C. H. Beck 2003; National application and implementation of EC regulations, Prague C. H. Beck 2006; National Normative implementation of EC Regulations : an exceptional or rather common matter?, European Law Review, 2/2008.

  • doc. JUDr. Martin Štefko, Ph.D., DSc.

    He is a senior lecturer at the Charles University Faculty of Law, a fellow at the Max Planck Institute in Munich and a guest professor at NOVA Southeastern University in Florida, USA (2009). He holds a degree as Doctor…
    Lecturer

    doc. JUDr. Martin Štefko, Ph.D., DSc.

    He is a senior lecturer at the Charles University Faculty of Law, a fellow at the Max Planck Institute in Munich and a guest professor at NOVA Southeastern University in Florida, USA (2009). He holds a degree as Doctor of Law (2003) and a Ph.D. degree (2005), both from Charles University. Martin Štefko teaches a variety of courses in labour law as well as in social security law. He is also the coordinator of the human resources and public employment policy course. His primary research interest is the Posted Workers Directive and its implementation in EU Member States but he is also active in topics on the relationship between civil law, labour law and immigration law. Martin Štefko has written more than 90 articles published in various legal journals. He has also written, jointly or individually, 20 books concerning labour law and social security law. He also works as a legal adviser at the Czech Social Security Administration in Prague and is an honour member of the Expert Board at the Labour Office of Prague.

  • JUDr. Petra Žikovská

    She is the director of the Department of IP Law, Faculty of Law, Charles University. She graduated from the Faculty of Law at Charles University in 1993 And earned her doctoral degree (JUDr.) in 2001. She graduated from…
    Lecturer

    JUDr. Petra Žikovská

    She is the director of the Department of IP Law, Faculty of Law, Charles University. She graduated from the Faculty of Law at Charles University in 1993 And earned her doctoral degree (JUDr.) in 2001. She graduated from the Academy of Music Art, Department of Dance theory 1995 And was awarded the Fulbright Scholarship at New York University where the doctoral thesis was written on the protection of the choreography works in the Czech Republic and USA. She is an assistant professor at the Institute of the Copyright Law, Industrial Property Rights and Competition Law, dealing with license agreements, exceptions and limitations of copyright law, differences between the European and Anglo-American copyright law systems. She is a member of the copyright law experts group organized by the Ministry of Culture of the Czech Republic, a member of the European Intellectual Property Teachers Network steering committee, and a member of the EUIPO expert group.

  • prof. JUDr. Alena Macková, Ph.D.

    She is a long-term and active member of the prestigious International Association of Procedural Law. She is a member of the Commission on the new procedural law of the Ministry of Justice of the Czech Republic and is a member of the Board of the…
    Lecturer

    prof. JUDr. Alena Macková, Ph.D.

    She is a long-term and active member of the prestigious International Association of Procedural Law. She is a member of the Commission on the new procedural law of the Ministry of Justice of the Czech Republic and is a member of the Board of the Justice Academy. She is an Insurance Ombudsman and arbitrator. Her areas of expertise are: the position of the judge, legal professions, and protection of the rights, and also alternative dispute resolution (ADR),  mediation, arbitration.
    Her experience includes (inter alia)  a research stay at Catholic University in Leuven, Democratic Institution Fellowships (Brussels); San Francisco – Dublin Summer Law School in Prague – lecturership; Socrates Erasmus + Programme tutorship, LL.M. UK Programme tutorship, ADR LL.M. Programme tutorship, visiting scholarships at the Ruprecht-Karls-University Heidelberg, Ludwig-Maximilian University Munich, University Passau, University Regensburg, Johannes Kepler University Linz, Vienna University, University Komensky Bratislava; research stay at the Court of Justice of the European Union in Luxembourg; etc.

  • prof. JUDr. Pavel Šturma, DrSc.

    He is professor of international law, Charles University, Faculty of Law, and coordinator of the Research Centre for Human Rights. He is a member and former chairperson of the UN International Law Commission. He is the…
    Lecturer

    prof. JUDr. Pavel Šturma, DrSc.

    He is professor of international law, Charles University, Faculty of Law, and coordinator of the Research Centre for Human Rights. He is a member and former chairperson of the UN International Law Commission. He is the president of the Czech Society of International Law and the Editor-in-Chief of the Czech Yearbook of Public & Private International Law. He is author or co-author of 19 books and more than 200 articles and studies in international law. The main topics of his research include human rights, the codification of international law, international responsibility and international investment law.

  • prof. JUDr. Kristina Koldinská, Ph.D.

    She is professor of social security and labour law at the Charles University in Prague (Czech Republic), Faculty of Law. Since 1997, she has worked in the Department of Labour Law and Social Security Law, where she…
    Lecturer

    prof. JUDr. Kristina Koldinská, Ph.D.

    She is professor of social security and labour law at the Charles University in Prague (Czech Republic), Faculty of Law. Since 1997, she has worked in the Department of Labour Law and Social Security Law, where she teaches social security law and labour law and she guarantees and teaches courses on discrimination and migration, connected with social law. She publishes extensively in Czech Republic and abroad, with various foreign publishing houses and legal reviews. Her research interests include gender equality and discrimination, EU social law, coordination of social security, and social assistance. She is a member of European network of legal experts in gender and non-discrimination and MoveS network (Free movement and coordination of social security), both long-lasting projects run by prestigious European universities and financed by the EU Commission.

  • prof. JUDr. PhDr. David Elischer, Ph.D.

    He graduated from the Faculty of Law at Charles University in Prague in 2005 and received the degrees of JUDr. in 2006 and Ph.D. in 2009. In 2015, he was appointed associate professor in the field of civil law after successfully defending his…
    Lecturer

    prof. JUDr. PhDr. David Elischer, Ph.D.

    He graduated from the Faculty of Law at Charles University in Prague in 2005 and received the degrees of JUDr. in 2006 and Ph.D. in 2009. In 2015, he was appointed associate professor in the field of civil law after successfully defending his habilitation thesis on the topic: donation and its modalities in private law. He participated in working groups of the Legislative Council of the Czech Government on drafting the Civil Code. He is an author and has co-authored commentaries to the Civil Code, textbooks of civil law, and a several monographs. He is also a member of editorial boards of a number of scholarly journals (Jurisprudence, AUC Iuridica). In 2022, he was appointed head of the Department of Civil Law and became a member of the scientific council of the Faculty of Law. He is a member of the international academic study group Common Core of European Private Law and a contributor to the French Center d'acces aux droits étrangers (Juriscope).  

  • Mgr. Ing. Tomáš Střeleček, LL.M., Ph.D.

    He is assistant professor of the Department of Civil Law of the Faculty of Law Charles University in Prague (the Czech Republic). He earned his Ph.D. in Civil Law at the Faculty of Law, Charles University, he is also a…
    Lecturer

    Mgr. Ing. Tomáš Střeleček, LL.M., Ph.D.

    He is assistant professor of the Department of Civil Law of the Faculty of Law Charles University in Prague (the Czech Republic). He earned his Ph.D. in Civil Law at the Faculty of Law, Charles University, he is also a graduate of the University of Economics in Prague and the University of Cambridge, Darwin College. He was involved in the legislative drafting of civil procedure legislation at the Ministry of Justice of the Czech Republic. He regularly publishes on topics of civil procedure law, civil law (especially trust law), and law and economics; he published in an Oxford University Press journal, Právník journal, and journals in portfolio of Wolters Kluwer and C. H. Beck and in several collective monographs. 

  • prof. JUDr. Zdeněk Kühn, Ph.D., LL.M.

    He earned his Ph.D. degree from the Charles University School of Law, Prague, Czech Republic, in 2001, and his LL.M. and S.J.D. degrees from the University of Michigan Law School in Ann Arbor, Michigan in 2002 and 2005 respectively. Zdenek Kühn…
    Lecturer

    prof. JUDr. Zdeněk Kühn, Ph.D., LL.M.

    He earned his Ph.D. degree from the Charles University School of Law, Prague, Czech Republic, in 2001, and his LL.M. and S.J.D. degrees from the University of Michigan Law School in Ann Arbor, Michigan in 2002 and 2005 respectively. Zdenek Kühn is an associate professor of jurisprudence at the Charles University Law School. In 2007, he was appointed Justice ad hoc at the European Court of Human Rights in Strasbourg and in 2008 Justice of the Supreme Administrative Court of the Czech Republic. He has authored 3 books and is co-editor of 2 other books. He has written a number of articles published in the Czech Republic, USA, Great Britain, China, Russia, the Netherlands etc. His academic interest includes issues of jurisprudence, constitutional interpretation, fundamental rights, and constitutional aspects of European integration.

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