COURSES

COURSES

COURSES

CZECH LEGAL SYSTEM IN EUROPEAN CONTEXT
STUDY PROGRAMME FOR INCOMING EXCHANGE STUDENTS

The Faculty of Law, Charles University offers a wide range of courses for incoming exchange students that are taught in English. Go ahead and take a minute to explore our offer.


We will be happy to welcome you at our Law Faculty in the very centre of Prague.

All courses can be attended by both bachelor and master students. 

WINTER SEMESTER (October - mid February)

SUMMER SEMESTER (mid February - June)

COURSE 

ECTS COURSE  ECTS
Czech Constitutional Law 6 European and Czech Environmental Law and Policy 6
Private Law 6 European Law in the Czech – EU Context 6
Financial Law 6 Business Law and International Business Transactions 6
Natural Resources Law 6 Criminal Law 6
Introduction to Public International Law in the Czech Legal Context 3 Contracts and Torts 6
Jurisprudence 3 Labour Law and Social Security Law 6
Czech Legal History 3 Law and Economics 3
Introduction into Central European legal3 Culture 3 Out-of-Court Dispute Resolution 3
Emerging Legal Disciplines – Medical and Sport Law 3 International Administrative Law 3
Legal Reasoning: First Amendment Case Law 3 Islam in Europe – ECHR Case Law 3
Intellectual Property Law 3 Theory and Practice of the European Convention on Human Rights 3
Studies of the ICC Case Law 3 Constitutional Review in Central European Context 3
International Protection of Human Rights/Universal and Regional Standards 3 Legal Argumentation and Debate: First Amendment Issues in Context 3
Theories of Legal Personhood and Juristic Person 3 Financial Market Regulation in the Light of Financial Crisis 3
Common European Asylum System (in the time of refugee crisis) 3    
Recent Trends in European Copyright Law 3    

(N.B. The list of courses may be subject to change)

For further information check our FACT SHEET or list the courses below.

CZECH CONSTITUTIONAL LAW (HASC1)

Winter Semester 6 ECTS

The course deals with the fundamental features of the Czech constitutional system. First of all, it analyses the historical roots of the current Czech constitutionalism and studies the position of main constitutional bodies and their mutual relations in the system of government (Parliament, Government, President of the Republic, Constitutional Court etc.). After this institutional introduction, various aspects of the substantive human rights protection in the Czech Republic are addressed.

  1. Roots of the Contemporary Constitutional System of the Czech Republic
  2. Sources of Law in the Czech Republic; International Law and European Law + Parliament and the Legislative procedure
  3. Elections in the Context of Constitutional Law of the Czech Republic
  4. The President and the Government in the Parliamentary System of the Czech Republic
  5. Institutional Protection of Human Rights – the Constitutional Court
  6. Institutional Protection of Human Rights – the Judiciary and the Public Defender of Rights
  7. Freedom of Assembly in the Czech Republic
  8. Socio-economical rights and their Interpretation by the Constitutional Court.
  9. Fundamental Rights and Freedoms, the Right to Judicial and Other Legal Protection in Charter and in the Decisions of the Constitutional Court.
  10. Political Rights in the Czech Republic
  11. Transformation of the Constitutional System; Selected Topical Problems – Sample Study: Lustrations

PRIVATE LAW (HASC3)

Winter Semester | 6 ECTS

The aim of the course is to introduce the essentials of Czech private law. 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 notions and principles thereof. Then, the course will focus in more details on the essentials of subjects, 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.

  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)
  2. Subjects of Private Law (Natural persons • Legal entities • Legal capacity)
  3. Family Law (Features of the Family Law • Marriage Registered Partnership • Child and Parents • Comparative insight into several institutes)
  4. Property Law (System of rights to things • Ownership • Lien (pledge, mortgage), easements, rights of retention)
  5. Law of Succession (Concept and function • Testamentary succession • Intestate /statutory/ succession)
  6. Contracts (Fundamental principles • Formation of contracts • Types of contracts)
  7. Torts (General and special liability for damage • Compensation of damage • Unjust enrichment)
  8. Labour Law (Provision of Employment • Collective Labour Law • Labour Disputes Fundamental legislative changes)
  9. Copyright Law (Principles • Copyright and Related Rights • European Copyright Law • Collecting Societies)
  10. Industrial Property Rights (The Classification of Industrial Property Rights • International Protection • Trade Marks • Trade Mark Registration Procedure • WIPO)
  11. Judiciary System and Legal Aid System (Elements of the Judiciary system • Independence of the judge • Position and the liability of the judge • The Bar • Basic principles of civil litigation)

 

NATURAL RESOURCES LAW (HASO4)

Winter Semester | 6 ECTS

The course provides a comprehensive overview of the legal regulation of natural resources management at the international, EU and Czech national level. It deals with rules on the protection and sustainable use of both living and non-living natural resources , such as minerals, water, land and fauna and flora. It covers issues of energy generation from both conventional and non-conventional sources; it pays attention to specific legal regulation of marine resources exploitation and legal regime of resources of Antarctica. Students will acquire knowledge of main tools used in natural resources management with a focus on achieving sustainability, and will be provided with information enabling them to analyze relevant legal regulation of their home countries. The final exam is composed of a written test based on the knowledge transmitted during the course and a group presentation (2-4 students from at least two different countries) on a topic chosen from a list proposed by lecturers.

  1. General introduction. Mining Law
  2. Energetic law.
  3. Nuclear law.
  4. Renewable resources.
  5. Fresh waters.
  6. Biological diversity.
  7. Fishing and hunting.
  8. Soil and agriculture.
  9. Forestry.
  10. Marine resources.
  11. Resources of Antarctica

FINANCIAL LAW (HASO1)

Winter Semester | 6 ECTS

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. The course will cover both the fiscal and non-fiscal parts of Financial Law as well as the basics of theory of finance and financial law. Focus will be given to Czech tax system and its individual components, direct and indirect taxes, and also customs duties. The course will also cover the financial system, banking and insurance, in particular their public-law aspects.

  1. Introduction, Financial Organs
  2. Czech Tax System
  3. Income Taxes I
  4. Income Taxes II
  5. Property Taxes
  6. Gambling Tax, Excise and Energy Taxes
  7. Value Added Tax
  8. Banking
  9. Financial System
  10. Insurance
  11. Customs Duties

INTRODUCTION TO PUBLIC INTERNATIONAL LAW IN THE CZECH LEGAL CONTEXT (HASO2)

Winter Semester | 3 ECTS

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.

  1. Introduction to the course. Basic concepts. Relationship between national and International law. The practice of the Czech Republic. 
  2. Sources of International Law. Primary and subsidiary sources. Treaties. Customary international law.
  3. Subjects of International Law. States. International organizations.
  4. Individuals in International Law. Categories of inhabitants. Protection of refugees and IDPs.
  5. International protection of human rights and the Czech Republic. 
  6. International humanitarian law.
  7. International criminal law. The International Criminal Court.
  8. International responsibility.
  9. The use of force under International Law.
  10. International economic law. The WTO and other institutions. Investment protection. 

JURISPRUDENCE (HASO3)

Winter Semester | 3 ECTS

The aim of the course is to enhance students' understanding of law by placing it in its theoretical, philosophical and sociological contexts.

  1. Introduction: Anarchy or Obligation?
  2. Law as a Social Fact
  3. Law & Morality
  4. Law and Rights
  5. Reading Week
  6. Liberty and Justice
  7. Solidarity and the Limitations of Liberalism
  8. Liberalism and Its Discontents
  9. Global Justice & Human Rights
  10. Discussion

CZECH LEGAL HISTORY (HASO5)

Winter Semester | 3 ECTS

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.

1.   An outline of the Legal history of the Czech lands until the age of enlightened  Absolutism

2.   Austrian Civil Law (foundations of civil law tradition, ABGB)

3. – 4. Criminal Law in the 19th century and Austrian constitutional development

5. – 6. Czechoslovak legal development 1918-1939: the first Czechoslovak Republic The  

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

7. – 8. Czechoslovak legal development 1945-1948 and 1948-1989 in outline

      Constitutional developments • Characteristic of communist regime and its 

      periods • Main branches of law

9.   Typology of religion law systems in states of Europe and Northern America

10. Religion law of Czechoslovakia and of the Czech Republic

 

INTRODUCTION INTO CENTRAL EUROPEAN LEGAL CULTURE (HASO6)

Winter Semester | 3 ECTS

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.

1.    The Concept of Europe • The Historical Emergence of Eastern Europe • The Emergence of Central and Eastern European Legal Tradition • The Issue of Human Rights in the Region

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 • Emancipation Thesis alas Some Positive Features of the Communist Legal Culture

4.    The Practice in the 1970’s and 1980’s: Communist Post-Stalinist Legal Culture in Central Europe • Making a Post-Stalinist Ultra-Positivism Constitutional Act 1920 • Legal dualism • Legal development 1938/1945

5.    The 1990s and the Early 2000s: The Transformation of Post-Communist Legal Systems • Dealing with the Communist Crimes  • Lustration • Judiciary

6.    Constitutional Courts of Central Europe • The Transformation of the Legal System via Constitutional Adjudication • The Emergence of New Constitutionalism

7.    – 8. Democratic Backsliding •  The Fall of New Constitutionalism • The Rise of New Democratic Backsliding

9.    – 10. Constitutional Systems of the New EU Countries: Bulgaria, Romania, Croatia

EMERGING LEGAL DISCIPLINES / MEDICAL LAW, SPORTS LAW (HASO8)

Winter Semester | 3 ECTS

It is possible to observe increasing 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.
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).

  1. Course introduction + Main Priciples of Sports Law
  2. Contracts in Sport
  3. Doping Regulation in Sport
  4. Civil and Criminal Liability in Sport
  5. Jurisdiction over Sport Related Disputes
  6. Health Law and Patient Rights - International and Czech Perspective
  7. Euthanasia
  8. Introduction to Czech Health Law
  9. Civil Liability for Medical Malpractice
  10. Era of Digitalization in Healthcare

LEGAL REASONING: FIRST AMENDMENT CASE LAW (HASO9)

Winter Semester | 3 ECTS

The First Amendment to the U.S. Constitution safeguards freedom of expression, freedom of religion, and freedom of press, and also protects the principle of separation of church and state. Studying the judicial interpretation of the First Amendment is fundamental to understanding constitutional law in the United States, as many important and controversial high court cases have concerned the First Amendment, especially in recent years.

This course focuses on U.S. Supreme Court decisions in selected First Amendment cases, including the arguments asserted and reasoning applied. Students are required to assess these cases and make legal arguments in seminar discussions and also formal moot court debate exercises. In particular, the cases in this course concern the following topics: symbolic expression, extremist expression, political satire, threatening speech, speech rights of students, establishment of religion, and exercise of religion. This course also takes a comparative approach to studying many of the decisions, especially those which are inconsistent with the decisions of European courts in similar cases. Cultural differences and implications are naturally considered as well.

The objectives of this course include the following: 1) to deepen students’ understanding of U.S. interpretation of freedom of expression and religion; 2) to provide context for students to compare and assess various approaches to such issues; 3) to provide a framework for students to evaluate the applicability and merits of First Amendment legal arguments in potential future cases; 4) to aid students in acquiring and using sophisticated legal English vocabulary and grammar.

  1. intro to the First Amendment • principles of freedom of speech/expression • what constitutes speech/expression
  2. hate speech /extremist expression under the First Amendment • incitement principle: Brandenburg v. Ohio (speech of KKK) • The Skokie controversy
  3. ECtHR case analysis • Norwood v. United Kingdom  (hostility toward a religious group) • Perincek v. Switzerland  (Armenian genocide denial) • Waldron’s “dignity” argument
  4. threatening speech • true threats principle:  Planned Parenthood v. ACLA (controversial anti-abortion website)
  5. personally offensive speech • Hustler v. Falwell (satire involving public figures) • Snyder v. Phelps (funeral protest)
  6. symbolic speech • U.S. v. O’Brien (burning of the draft card) • Texas v. Johnson (flag burning)
  7. student speech rights in public schools •  Tinker v. Des Moines (armband political protest) • Bethel v. Fraser (lewd and indecent speech) • Morse v. Frederick (drug reference)
  8. First Assessment – Moot Court • [two teams of 3 lawyers – all other students are judges]
  9. prohibition of establishment of religion • approaches to secularism • secularism in schools:  Wallace v. Jaffree, Lee v. Weisman
  10. free exercise of religion • Employment Division v. Smith (drug use in religious ritual) • Lukumi Babalu Aye v. Hialeah (animal sacrifice) • Masterpiece Cakeshop v. Colorado (cake for same-sex wedding refusal)

INTELLECTUAL PROPERTY LAW (HSSO8)

Winter Semester | 3 ECTS

This course covers the whole area of the 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 internet. Special attention shall be paid on the international and european case law at the respective field.

  1. The subject and system of IP Law
  2. Copyright Law – License agreements and limitations and exceptions
  3. Copyright protection in Cyberspace
  4. Protection of software, databases, know how and other IP rights related to IT
  5. Copyright Law – Neighboring rights, other related rights and collective management
  6. Industrial property – Trademarks
  7. International Copyright Law, EU Copyright Law
  8. Industrial property – Patents, Utility models, Industrial designs, Geographical indications, Commercial names
  9. Current Development of the EU copyright 
  10. Decisions of the SDEU in IP Law Cases  tba

RECENT TRENDS IN EUROPEAN COPYRIGHT LAW

Winter Semester | 3 ECTS

The course should cover recent changes in the European Copyright Law. It should be dealing with new Directives, specifically with the Directive on copyright in digital single market and its implementation in a different EU member states and its consequences. In the second part of the course we will focus on the respective decisions of the ECJ.

  1. Overview of the current copyright law legislation on the EU level
  2. Directive on Copyright in digital single market („DSM“)
  3. Article 15 of DSM
  4. Article 17 of DSM
  5. Articles 18-22 of DSM
  6. Implementation of DSM
  7. German Implementation of DSM
  8. ECJ decisions – article 17 (Polish government case)
  9. ECJ decisions – RAAP etc.
  10. Conclusions

STUDIES OF THE ICC CASE-LAW (HASO11)

Winter Semester | 3 ECTS

The subject is intended for students with special interest in public international law, particularly international criminal law. To reach course goals the students are required to prepare every week according to the list of sources and exercises, to prepare answers to provided questions and actively participate in the lectures. Home preparation is thus combined with thematically focused interactive lectures. Students of the subject include Czech Master´s degree students, Erasmus students and LL.M. students. The work is in English language only.

  1. Course Introduction, ICC Basic Information
  2. Sexual and Gender-based Crimes
  3. The Crime of Aggression
  4. Forms of Responsibility 1
  5. Forms of Responsibility 2
  6. The Principle of Complementarity
  7. Rights of the Accused
  8. Immunities
  9. Victims
  10. Current Events in International Criminal Law

INTERNATIONAL PROTECTION OF HUMAN RIGHTS / UNIVERSAL AND REGIONAL STANDARDS (HASC5)

Winter Semester | 3 ECTS

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.
The course aims at providing insight into relevant instruments of protection, like e.g. individual complaints procedures, the evaluation of state reports and fact-finding missions. Students will 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.

  1. Introduction. The sources of international HR Law
  2. The universal system of protection. Relevant international organizations (UNO, ILO, WHO, etc). The role of HR NGOs
  3. UN charter-based protection. The role of the GA, SC, ICJ and ECOSOC. The UN HR Council and its special procedures
  4. UN Treaty-based protection. Relevant HR treaties and control mechanisms 
  5. Case studies. Individual complaint procedure (ICCPR, ICERD, etc.)
  6. Regional mechanisms of HR protection. Universality and regionalism. Cultural relativism
  7. European HR organizations (OSCE, and the Council of Europe). Major human rights instruments
  8. The European Convention of Human Rights. Material and procedural standards. The genesis of the Strasbourg system
  9. European Court of Human Rights case studies
  10. The future of the European system: current problems and reforms

THEORIES OF LEGAL PERSONHOOD AND JURISTIC PERSON (HASO12)

Winter Semester | 3 ECTS

How is it possible that “something” which does not naturally exist, “something” which cannot be perceived with one’s own senses, can have rights and obligations? How is it possible that “something” which – unlike a human being – cannot have its own reason and will, can engage in legal conduct? How is it possible that “something” which cannot have conscience and feel guilt – like a human being – can be legally responsible? And what is then such a legal creation – a juristic person – good for? The presented course aims to answer all these questions and explain the concept of legal personhood, the concept of juristic person and the theories of juristic person.

  1. What does it mean to be a person under the law?
  2. The Concept of “person” in civil law and in Anglo-American law
  3. Fiction theory of juristic person
  4. Organic theory of juristic person
  5. Theory of interest and combined theories of juristic person
  6. Juristic persons from the point of view of the Pure theory of law
  7. Person as a “point of imputation”
  8. Legal personhood of a juristic person
  9. Legal capacity of a juristic person
  10. Defining elements of a (juristic) person

COMMON EUROPEAN ASYLUM SYSTEM (IN THE TIME OF REFUGEE CRISIS (HASO13)

Winter Semester | 3 ECTS

The course is focused on one of the most important problems of our European contemporary life – refugee crisis and its political and legal solution. It should cover an introduction to the European Asylum System in a historical context and international context, analysis of EU legislation in force and case study on transposition of relevant legislation into Czech legal system. Contemporary problems in the time of Ukraine refugee crisis, and activation of temporary protection régime, especially in the light of the Czech Republic experience. The course should focus not only on theoretical aspects of legal regulation of international protection of refugees, but should also give an opportunity for participants to simulate negotiations over the European legislation in the Council and to simulate an interview with an asylum or temporary protection seeker. The aim of the course is to improve the knowledge of the European Asylum system, its application

  1. Historical development of international protection
  2. International protection in Europe
  3. Development of the European Asylum System
  4. EU legislation in force I
  5. EU legislation in force II
  6. The role of the courts - relevant jurisdiction of CJEU and ECHR
  7. Case study relevant Czech legislation
  8. Ukraine war crisis and EU reaction
  9. Temporary protection
  10. Integration of refugees

EUROPEAN AND CZECH ENVIRONMENTAL LAW AND POLICY (HSSC1)

Summer Semester | 6 ECTS

The course will give to the students the fundamental information and knowledge of international, European and Czech regulation of protection of the environment and its parts and components.

  1. The state of the environment on global, European and national level. International, European and Czech environmental policy. European and national environmental law – transposition and implementation.
  2. Environmental law as a key instrument of Environmental policy (system, instruments, principles). Institutional safeguards for environmental protection.
  3. Access to environmental information, public participation in environmental decision-making.
  4. Main horizontal legislation: Land-use planning, EIA, IPPC.
  5. The liability system of environmental protection.
  6. Earth’s climate system protection. Air pollution regulation.
  7. Water resources protection.
  8. Agriculture land and forest protection.  
  9. Biodiversity and nature protection.
  10. Regulation of sources of endangerment I: Waste  II: Chemicals & protection against accidental harm.
  11. Ownership and environmental protection. Role of the justice (courts) in the protection of environment.

EUROPEAN LAW IN THE CZECH-EU CONTEXT (HSSC2)

Summer Semester | 6 ECTS

First, basics of the institutional and legal system of the 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. Within this context the institutional and legal aspects of the Czech EU membership shall be introduced. The course will focus also on EU citizenship status, the role of the CJ EU and the effects of EU law within legal and judicial systems of the EU Member States.

  1. The evolution of the EU
  2. EU membership
  3. EU citizenship
  4. The Institutional framework of the EU I.
  5. The Institutional framework of the EU II.
  6. EU law – nature, sources, effects I.
  7. EU law – nature, sources, effects II.
  8. EU budget and EU monetary union
  9. Internal market I.
  10. Internal market II.
  11. EU competition law

BUSINESS LAW AND INTERNATIONAL BUSINESS TRANSACTIONS (HSSC3)

Summer Semester | 6 ECTS

The course consists of two blocks. The first block of the course focuses on the general principles of conducting business, including various aspects of business conduct such as the legal status of entrepreneurs and their commercial activities, the essentials of company law and most common business contracts in comparative Czech-European view. Special attention is paid to the impact of the European legislation on this area in national law in EU member countries, especially in Czech law. Further, the course offers introduction to Czech/European antitrust law as well as unfair competition law.

The second block of the course focuses on the regulation of cross-border civil and business relations and their practical implications. Special regard is given to both conflict rules and rules of international civil procedure in unified European private international law and in Czech national private international law. Students are introduced to the conflict of laws regime of international business transactions, in particular international business contracts as well as to various options of settlement of commercial disputes.

  1. Introduction to Business Law and Specifics of Business Relations.
  2. Essentials of Company Law and Commercial Transactions
  3. Business Companies in Comparative View
  4. Unfair Competition Law
  5. Antitrust Law
  6. Typical Business Contracts
  7. Introduction to Private International Law
  8. Private International Law Rules  
  9. Persons in European private international law
  10. International Business Contracts
  11. Settlement of disputes in international commercial relations

CRIMINAL LAW (HSSC4)

Summer Semester | 6 ECTS

The aim of the course is to introduce students to the basics of Czech criminal law, including its historical context. In doing so, we also draw on criminological theories. We will try to compare some institutes under different legal systems and focus on new phenomena in criminal law such as cybercrime or electronic evidence.

  1. History of Czech Criminal Law
  2. Key Terms of Criminology
  3. Psychology and Crime
  4. Schools of Thought in Criminology
  5. Czech Criminal Substantive Law I.
  6. Mens Rea
  7. Czech Criminal Substantive Law II.  
  8. Czech Criminal Procedure I.
  9. Czech Criminal Procedure II.
  10. Electronic Evidence in Criminal Proceedings
  11. Cybercrime

CONTRACTS AND TORTS

Summer Semester | 6 ECTS

The aim of the course is to provide students with more details the Czech contractual and tort/delict law. The aim is then to introduce the essential principles and typology of different contracts or more largely the obligation as whole. The course will focus in more details on the essentials of contracts in family law, inheritance law, consumer law as well as essentials of torts. The second part of the course will particularly focus on different prerequisites of civil liability as fault, causation, wrongfulness and damages. The course also put the Czech legislation into broader European context via comparative approach.

  1. Concept of Obligation • Historical and Modern Development • Decisive Features of Obligations • Principles of Obligations • Sources of Obligations • Types of Obligations • Origination of Obligations
  2. Principles of Interpretation of Contracts • Common Types of Nominate Contracts • Purchase Contract·• Contract on Work·• Lease Contract • Carriage contract
  3. 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. Concept of Contract • Foundations of the Binding Force of Contract (Lex Contractus) • Types of Contracts • 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
  5. Recent Developments • Consumer Contracts • Consideration of Cases and Examples from Legal Practice
  6. 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. Introduction to Torts • Principal Sources • Civil liability • Prerequisites • Fault as a Prerequisite of General Liability for Damage • Comparative Overview • Case law  
  8. Fault as a Prerequisite of General Liability for Damage • Intention and Negligence • Fortuity • Contribution of Injured Party • Comparative Overview • Case Law
  9. Wrongfulness/Unlawfulness as a Prerequisite of Liability for Damage • Circumstances Excluding the Unlawfulness • Comparative Overview • Causality as a Prerequisite of Liability for Damage • Factual and Legal Causation • Prescription in Tort Law • Comparative Overview • Case law
  10. Damages • Manner and Scope of Compensation for Damage • Compensation in Money and Restitution • Joint Liability • Comparative overview
  11. Different Types of Special Liabilities for Damage in Civil law • Cases and Practical Examples

LABOUR LAW AND SOCIAL SECURITY LAW (HSSO4)

Summer Semester | 6 ECTS

The course examines and compares the history, structure, and regulations of both employment law (labour law) and social security law in Central Europe, while it mainly focuses on EU law aspects.
The course provides a comprehensive information on current EU legislation, including CJEU case law, it focuses also on international law, not leaving behind some up-to-date impacts of EU legislation on Czech labour and social security law.

  1. Law of Social Protection and its History in Europe
  2. Employment and employee
  3. Protection of Work, Liberalisation of Employment Law (Flexicurity)
  4. Contract of Employment, Employment Relationship, Establishment, Changes and Termination
  5. Working Time, Rest Periods, Payments
  6. Discrimination and its ban in social law
  7. Pregnancy, Maternity, Working Conditions of Parents  
  8. Sickness, Invalidity, Aging, Poverty and Social Exclusion
  9. Posting of Workers
  10. Coordination of Social Security Laws

LAW AND ECONOMICS (HSSO3)

Summer Semester | 3 ECTS

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.

  1. Fundamentals of Law and Economics. Externalities and the Coase theorem
  2. The Economics of Property Rights
  3. The Economics of Torts-Fundamentals and Liability
  4. An Economic Theory of Contract I.- Fundamentals, Efficient Breach
  5. An Economic Theory of Contract II.- Asymmetric Information, Risk Allocation
  6. Economics of Crime and Punishment
  7. Economics of Civil and Criminal Procedure  
  8. Legal Origins, Institutions, and Economic Growth

OUT-OF-COURT DISPUTE RESOLUTION (HSSO5)

Summer Semester | 3 ECTS

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 course will conclude with class on mediation and overview of other ADR methods.

  1. General Introduction into Arbitration
  2. Arbitration Agreement
  3. The Tribunal
  4. Applicable Law and Rules
  5. The Arbitral Proceedings and Judicial Assisstance
  6. The Award
  7. Enforcement of Arbitral Awards  
  8. Investment Arbitration
  9. Investment Arbitration
  10. Mediation and other ADR methods

INTERNATIONAL ADMINISTRATIVE LAW (HASC8)

Summer Semester | 3 ECTS

Foreign elements do regularly appear in the relations of administrative law – thus, the administrative authorities must cope with foreign driving licences, university diplomas issued by foreign universities, passports issued by other States, foreign nationals participating in administrative proceedings, facts that occurred abroad with relevance to inland (foreign incomes in tax law) etc. A special branch of law has emerged to deal with the issues, which has been labelled as “international administrative law” (droit administratif international, diritto amministrativo internazionale, Internationales Verwaltungsrecht). This course will deal with both theoretical topics and with the issues of practical application of the provisions of international administrative law (in particular with respect to the recognition of foreign administrative acts). The course is opened for both Czech and Erasmus students.

  1. Introduction, foreign elements in administrative law, international administrative law as a “national” project. Emergence of mutual recognition of vaccination certificates as a demonstration.
  2. International administrative law in the system of law, relations to international public law and to international private law, various approaches to the subject in the past.
  3. Key topics of international administrative law I: What is lex loci extera?  The territoriality and extraterritoriality of administrative law. Direct & indirect application of foreign administrative law.
  4. Key topics of international administrative law II. Foreign elements in administrative law (foreign citizenship, foreign permits, diplomatic personel etc.)
  5. Sources of international administrative law, international conventions, national law, EU law.
  6. Direct application of foreign administrative law, cases & problems arising.
  7.  Indirect application of foreign administrative law I. – General problems of recognition of foreign administrative acts, the problem of qualification.
  8. Indirect application of foreign administrative law II. – Recognition of foreign administrative law and the EU law.
  9. Indirect application of foreign administrative law III. – Topical issues of recognition, judicial review, refusal to recognise.
  10. Hard cases, foreign administrative authorities abroad and applicable law.

ISLAM IN EUROPE (HASC9) - not taught in a.y. 22-23

Summer Semester | 3 ECTS

This course focuses on analysing and assessing decisions of the European Court of Human Rights in various
cases involving the free religion and free expression rights of Muslims in Europe. These cases require judges to
perform the often difficult task of determining where the border may lie in cases of free religion under the European
Convention on Human Rights, which was drafted by the Council of Europe in 1950.
The topic of the free religion rights of Muslims has become particularly important in recent years, and most of the
cases studied in this course are quite recent, including the 2014 decision in the case of the French veil prohibition
(S.A.S. v. France). This course covers cases in a number of contexts, including the free religion rights of students in
primary and secondary schools as well as the rights of believers in public.
In this course, students are encouraged to critically analyse the reasoning of the European Court of Human Rights
in the cases studied, and there is a particular focus on the proportionality test, as well as the implications of its
application. In addition, students are introduced to comparisons with cases decided by American high courts to
gain better understanding of different reasoning used in different jurisdictions.
The objectives of this course are: 1) to deepen students’ understanding of how the free religion rights of Muslims
are protected by the European Court of Human Rights; 2) to deepen the students’ understanding of the
interpretation of freedom of expression and religion; 3) to provide a deep insight into current issues concerning the
definition of human rights in Europe; 4) to provide students the tools 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.

  1. course introduction
  2. Balance between freedom of expression and respect for religious beliefs
  3. Wearing religious symbols in public places
  4. Teachers wearing religious symbols in schools
  5. discussion on covid restrictions and vaccination mandates - consider Vavricka v. Czech Republic
  6. ungraded Moot Court activity on hypothetical case
  7. Rights of parents in schools, including exemptions
  8. Additional cases concerning rights of parents and children
  9. graded Moot Court exercise
  10. Religion at work, and requirements for citizenship

 

THEORY AND PRACTICE OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS (HASC10)

Summer Semester | 3 ECTS

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
the 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).

  1. What are “international human rights” and who cares?
  2. The Substantive Dimension
  3. The future of the Strasbourg Court and enforcement of ECHR standards: reflections on the Interlaken process. Democracy as an instrument of justice
  4. Substantive rights: Non-derogable rights Czech Republic
  5. Substantive rights: Derogable rights
  6. Substantive rights: Derogable rights
  7. General provisions affecting Convention rights
  8. The Convention and the EU
  9. Substantive Law and the Common market
  10. Concluding seminar

CONSTITUTIONAL REVIEW IN CENTRAL EUROPEN CONTEXT (HSSO9)

Summer Semester | 3 ECTS

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 detailedknowledge 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.

  1. Introduction I - doctrinal and institutional approaches to constitutional judicial review in developed countries and their historical roots
  2. Introduction II - constitutional adjudication in wider context of constitutional theory
  3. History of the theory and application of the constitutional review in Central Europe
  4. The recent position of the constitutional courts in the national division of power models in Central Europe
  5. Constitutional courts and their view on some of the questions of constitutional theory concerning their own position in constitutional system
  6. Constitutional courts and international judicial authorities
  7. Constitutional courts of Central Europe and their stance on the question of sovereignty in the context of European integration
  8. The constitutional courts under attack from the realm of political sphere in the Central European experience
  9. The role of constitutional courts in the processes of the decline of liberal democracy in the Central Europe I.
  10. The role of constitutional courts in the processes of the decline of liberal democracy in the Central Europe II.

LEGAL ARGUMENTATION AND DEBATE: FIRST AMENDMENT ISSUES IN CONTEXT (HASC6) - not taught in a.y. 22-23

Summer Semester | 3 ECTS

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 relating to the First Amendment: presence of religious symbols in public places; freedom of the press (including both news gathering and leaking); obscene and indecent expression; religious and political expression in the workplace.

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.

  1. Course introduction
  2. Establishment clause - religious symbols in public places
  3. Religious symbols in public places (cont’d.)
  4. ungraded moot court exercise
  5. Freedom to publish
  6. Right to be forgotten (right to erasure) – EU perspective
  7. Right to gather news
  8. graded moot court activity
  9. Indecent expression
  10. regulation of social media and related issues

FINANCIAL MARKET REGULATION IN THE LIGHT OF FINANCIAL CRISIS (HASO10)

Summer Semester | 3 ECTS

The course is focused on the latest development in financial market regulation. Significant changes have occurred in the particular segments of the financial markets, as a response to the latest Global financial Crises 2007-2009. These changes have substantially affected financial market regulation. And there are still running works on their full implementation.The course will also touch upon the role of the central banks which over the past decade and a half have done things they never did before. Rushed by the emergencies of the Global financial Crises and the Covid 19 pandemic, the major central banks pursued extremely accommodative policies.

The course will aim not only on mentioned changes and central bank policies but also on the core understanding of the functioning of the financial markets, financial institutions and their instruments
.

  1. Principles of the functioning of the financial markets, key terms, reasoning of the financial markets regulation.
  2. Structure of the financial market – particular sectors of the financial market, drivers of the financial sector development, types of transactions on the financial market
  3. The basic rules for the financial institutions operation – regulation of the entry into the sector, liquidity rules, capital adequacy rules.
  4. Role of the central banks, role of the lender of last resort – possible ways of the financial institutions rescue
  5. Central bank policies.
  6. Financial market in the UK - history, role of the Bank of England, changes after the Northern Rock fall, etc. Financial market in the USA - history, changes set by Dodd-Frank Act, comparison with the Czech Republic.
  7. Investment banking, investment funds – characteristics of the investment banking and the issue of its separation from the commercial banking, types of the investment funds.
  8. Banking union - fundamental pillars, position of the Czech Republic and other member states, explanation of the barriers to the fully-fledged Banking union.
  9. Financial crisis – typology of the financial crisis, analyses of the most important financial crisis in the 20th century. The global financial crisis 2007–2009 – causes, subsequent regulatory changes.
  10. Topical European issues in the regulation and supervision of the financial market.