COURSES IN SUMMER SEMESTER 2017/2018

Transcription

1 COURSES IN SUMMER SEMESTER 2017/2018 No SUMMER SEMESTER COURSE TITLE LECTURER Актуальные проблемы конституционного права (20 hrs) - Language: Russian Prof zw. Dr hab. Krzysztof Skotnicki 1. Topics discussed during the course concern the most current constitutional problems in Poland and are agreed upon with participating students who indicate relevant issues of their interest. kskotnicki@wpia.uni.lodz.pl All students may extend their language skills with specialized terminology in the field of constitutional law. Moreover, foreign students will also get to know Polish constitutional arrangements Allgemeines Buergerliches Gesetzbuch (ABGB) aus dem Jahre 1811 (20 hrs) - Language: German 1. Die Einführung im ABGB 2. Die Vorstellung von der wichtigsten allgemeinen Begriffe des Bürgerliches Rechtes, 3. Das Familienrecht, 4. Das Schuldrecht, 5. Das Erbrecht, 6. Die Vorstellung von der weiteren Entwicklung. American civil procedure (20 hrs) 1. General Considerations a. The General Description (Structure) of the American Court System b. Civil Procedure Defined c. The Adversary System d. The Federal Rules of Civil Procedure e. The Law of Civil Procedure 2. Authority to Adjudicate a. Overview b. Subject-Matter Jurisdiction c. Removal Jurisdiction d. Venue e. Personal Jurisdiction 3. Due Process a. Due Process Definition b. Due Process Requirements c. Service of Process Requirements and Limits 4. Challenges to Jurisdiction a. Challenging Jurisdiction An Introduction b. Methods of Challenging Jurisdiction 5. Choice Between State and Federal Law 6. Stages of Litigation: Pre-trial and Trial 7. Pre-trial Phase a. Modern Pleading b. Discovery: Scope and Mechanics of Discovery, Purposes of Discovery, Discovery of Expert Testimony c. Pre-trial Conference d. Settlement Procedures 8. Comparison of the Structure (Sequence) of Litigation in American Procedure with Civil Law First-Instance Proceedings 9. The Trial a. General Description b. Right to Jury Trial c. Composition and Selection of a Jury d. Admissibility of Evidence and Sufficiency of Evidence e. Problems Dealt with the Rules of Evidence: Relevance Competence Privilege and Prejudicial and Cumulative Evidence Anti-Discrimination Law (20 hrs) The lecture aim is to familiarize students with problems of anti-discrimination law, with particular emphasis on regulations relating to the prohibition of discrimination in employment. Within the monographic lecture students, focus both on substantive and procedural law. They learn in a straightforward, practical way what legal regulations (both in Polish and European law) relate to the issues in question, what is the subjective and objective scope of non-discrimination, which claims are beneficial for people who are discriminated and to whom they can report, what responsibility rests on those who are responsible for compliance with the prohibition of discrimination. Classical Republican and Liberal Traditions in the System of Polish Public Law (20hrs) The outline of Polish constitutional tradition with its doctrinal sources. The influence of Classical Republican thought on the institutions, rights and values of Polish constitutional law. The influence of Liberal thought on the institutions, rights and values of Polish constitutional law. The influence of Liberal tradition on Polish criminal law. The influence of Republican and Liberal traditions on the selected institutions and values of Polish commercial law. The influence of Republican and Liberal traditions on Polish educational law. Dr Joanna Machut-Kowalczyk JMachut-Kowalczyk@wpia.uni.lodz.pl Dr Robert Kulski rkulski@wpia.uni.lodz.pl Dr Monika Smusz-Kulesza msmusz@go2.pl Dr Marek Tracz-Tryniecki cmppadt-mtt@wp.pl

2 Competition Law and State Aid (20 hrs) The course aims at familiarising the student with the EU economic legal order. The Internal Market is based on fair competition rules. The lectures will be focused mainly on a competition law and state aid. The competition rules addressed to undertakings as well as member states will be thoroughly analysed The relationship between the industrial and competition polices of the EU 2. Overview of the EU Competition Rules 2.1. Competition law objectives 2.2. The rules addressed to undertakings a. Prohibition of anti-competitive agreements, decisions & concerted practices (Article 101(1) b. The criteria the Article 101(3) c. Abuse of dominant position (Article 102) d. Competition law in particular sectors 2.3. The rules addressed to a states a. State aid Environmental Protection Law and Politics (20hrs) The main objective of the course is to provide knowledge about the law and environmental policy. During the course they will be presented issues of international legal solutions in the field of policy and environmental law on a global basis and the implementing regulations of the European Union and individual selected countries. The program includes the presentation of the fundamental issues relating to the subject and the principles of environmental protection as a whole and its individual components, in particular biodiversity, landscape and climate. - Ecological Policy of the State. Regional and local strategies and programs for the protection of the environment. - Principles and methods of forecasting in environmental protection. Administrative tools and market axis. Public participation in the implementation of environmental policy objectives. Conditions for effective protection of the environment, its barriers and restrictions in different countries and regions of the world. The conflict between ecology and economy, the opposition between environmental protection and the needs of society and business. - The transnational nature of environmental problems and environmental law. - The concept and role of international law and international negotiations on the environment, history of law and environmental policy. - International agreements, their nature and role in environmental protection: United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro (Earth Summit), other documents and establish the Earth Summit (general), the Rio Declaration on Environment and Development Agenda Principles of environmental law (detailed presentation of the principles of prevention, precaution, polluter pays), the concept of sustainable development (idea, history, different spheres of interest, different meanings, implementation in practice, problems, etc.). - Atmosphere and climate protection: United Nations Framework Convention on Climate Change and the Kyoto Protocol (negotiations, the parties, the principles, the objectives, the instruments, including economic instruments, mechanisms). Climate protection in the EU (the system of allowances, the stakeholders, the main ideas and principles chapter, auctions etc.) climate protection in selected countries. Other aspects of the air and climate protection: the Geneva Convention on cross-border transmission of air pollutants over long distances and related protocols. - Protection of the biosphere: biodiversity conservation reasons, the specific problems in this area, the development of policies for the protection of the biosphere, CITES (Convention on International Trade in Endangered Species threatened with extinction), the Rio Convention on Biological Diversity and the Cartagena Protocol. Protecting the marine environment and waterways. -Other Issues related to environmental policy: international ecological safety, the use of economic instruments for environmental protection, access to environmental information, etc. Europäisches Wirtschaftsrecht (20 hrs) - Language: German The emphasis is on the economic aspects of legal integration. The policies dealt with will include i.a. the free movement of goods, persons, services, capital and payments, common customs tariff, agriculture, transport, competition, social policy, labour law, equality, environment, state aid. The course aims to familiarise the student with the main EC substantive regulations of its economic policies. European Constitutional Law Focus on EU External Relations (20 hrs) CLUSTER I EU in the International Legal System Session 1: Fundamentals of the law of EU external relations 1. Particularity of the EU as an international actor 2. Basics of International Law 3. Legal Personality of the EU 4. Policy Objectives 5. Policy Coherence 6. Actors 7. Instruments Session 2: The Competence of the EU in its external dealings CLUSTER II The EU External Relations Toolbox Session 3: International Agreements Session 4: Other instruments Session 5: Case Study: Trans-Atlantic Trade and Investment Treaty with the US CLUSTER III The Effects of International Law in EU internal legal order Session 6: The effects of international law in the EU internal legal order Session 7: Case study: the Kadi saga Session 8: Case study: the EU accession to the ECHR CLUSTER IV The Policies Session 9: The European Neighbourhood Policy Session 10: The External Dimension of the AFSJ European Labour Law (20 hrs) Content of the proposed course 1. Scope and legislative procedure of European Labour Law 2. Free movement of persons (incl. employees), 3. Anti-discrimination law in the labour relations, 4. employee involvement in management (European company, European works councils, information and consultation on national level), 5. atypical employment Prof zw. Dr hab. Maria Królikowska-Olczak MKrolikowska@wpia.uni.lodz.pl Dr Monika Król ikakrol@uni.lodz.pl Prof nadzw. Dr hab Monika Namysłowska mnamyslowska@wpia.uni.lodz.pl Prof zw. Dr hab. Anna Wyrozumska awyrozumska@uni.lodz.pl Dr hab. Dagmara Skupień dstateczny@wp.pl

3 Entertainment Law (20 hrs) freedom of expression: media law and entertainment law press law general principles Dr Joanna Kulesza 11. rights and duties of journalists journalistic offences audiovisual media services radio and television broadcasting copyright and the entertainment industry protection of personal rights in the entertainment industry media convergence International Labour Law (20 hrs) Prof zw. Dr hab. Michał Seweryński 12. The course contains a description of origins, structure and functioning of the ILO as well as its legal instruments shaping mseweryn@uni.lodz.pl employment, industrial relations and social policy in the contemporary world. All these issues are presented on the political, economic and social background determining historical and current tendencies in labour relations and social policy with special regard to the EU policy. International Tax Law (20 hrs) The course is designed to show the international dimension of tax law, with references to general international tax law and bilateral international tax agreements. The course is designed to familiarise the student with international tax regulations and their effects in the domestic tax systems. I. Concept of international law. Dr hab. Ziemowit Kukulski II. II. International Tax Law: 1. Tax jurisdiction zkukulski@wpia.uni.lodz.pl Residence principle, principle of source and territorial principle as principle governing taxpayer s tax liability in different tax jurisdiction (unlimited tax liability and limited tax liability). 3. Double taxation in juridical sense versus double taxation in Economic sense. 4. Measures Against double taxation: unilateral, bilateral and multilateral characteristics. Methods for elimination of double taxation: exemption method and tax credit method. 5. Bilateral double taxation Convention (DTC) the role of the OECD Model Tax Convention and the UN Model Tax Convention. 6. Structure of the OECD Model Tax Convention on Income and Capital the examples of different allocation rules of taxing rights in the OECD Model. 7. The avoidance of double taxation in case of different types of income and capital based on the OECD Model. 8. Polish treaty practice differences and similarities between Model Conventions (OECD and UN) and bilateral DTC concluded by Poland. Introduction to Private Law ( 20 hrs) Notion of Private Law and distinction between Private and Public Law Basics of Private International Law (Conflicts of Law) Notions of Entrepreneur and Consumer Basics of Law of Commercial Contracts Freedom of contracts and limits Conclusion of contract Form of contract Dr Bartosz Kucharski 14. Kinds of contracts Intermediation and Representation bartosz.kucharski@adwokatura.pl Basics of Partnerships and Company Law Partnerships and Companies Partnership Registered Partnership Professional Partnership Limited Partnership Joint Stock Partnership Limited Liability Company Joint Stock Company Basics of Bankruptcy Law Law of the Internet (20 hrs) The course is dedicated to key issues of international Internet law (IIL) - international law framework for Internet Governance. Dr Joanna Kulesza Internet Governance is an interdisciplinary area of research and practice. Its main goal is to provide for a uniform, multi-stakeholder 15. regime applicable to cyberspace and all its netizens. It encompasses a number of issues, ranging from sociology, through joannakulesza@gmail.com philosophy, corporate management and economy, all leading up to crucial and difficult legal questions. Most controversial areas of various national legislations are indicated during the lecture (including copyright, privacy protection, regulation of converging media, cybercrime and cyberterrorism and legal status of domain names), key problems are identified and some solutions are offered for debate. A detailed curriculum of the lecture may be found at: L'histoire de la propriete (10 hrs) - Language: French - ECTS: 2 The course covers the evolution of the notion of property and property rights in Roman law and legal systems deriving therefrom. The course aims to familiarise the student with the Roman foundations of the system of private law in Europe and thus allow for better understanding of the modern regimes of civil law. Prof zw. Dr hab.anna Pikulska-Radomska apikulska@wpia.uni.lodz.pl

4 Polish Civil Procedure in European Law Perspective ( 20 hrs) The course comprises the basics of Polish civil procedure and also introduces to the basic EU regulations in this field and their impact on the Polish legal order. 1. Basic information on the organization of the Polish administration of justice a) the structure of common courts b) the Supreme Court c) the Chief Administrative Court Dr Maciej Muliński 17. d) the Constitutional Tribunal MMulinski@wpia.uni.lodz.pl e) the Tribunal of State 2. Principles of the Polish Civil Procedure 3. Parties, their statutory agents and attorneys 4. Formal requirements of procedural acts 5. The trial and evidence 6. Appeals 7. The non-litigious proceedings 8. The enforcement proceedings 9. Other types of civil proceedings 10. European Union Regulations on Civil Procedure Polish Constitutional Law (20 hrs) 1. sources of constitutional law (2), Dr Anna Michalak 2. constitutional principles: sovereignty of Nation, separation of powers, rule of law (5), constitutional system of rights and freedoms (3), amichalak@wpia.uni.lodz.pl 4. the electoral system (2), 5. the legislature: sejm and senat (2), 6. the executive: president, government (2), 7. judicial review of law (2), 8. the judicial power: system of courts, judicial review of administration, other constitutional organs (2). Private International Law of the EU (20 hrs) ADVANCED course in form of a tutorial. Only students who have already passed an exam in private international law are accepted. The course is devoted to problems of applicable law under the following EU regulations: Prof nadzw. Dr hab. Michał Wojewoda 19. 1) Regulation 593/2008 (Rome I) law applicable to contractual obligations michalw@uni.lodz.pl 2) Regulation 864/2007 (Rome II) law applicable to non-contractual obligations 3) Regulation 4/2009 and the 2007 Hague Protocol law applicable to maintenance obligations 4) Regulation 1259/2010 enhanced cooperation in the area of law applicable to divorce and legal separation 5) Regulation 650/2012 law applicable to succession IMPORTANT: The course DOES NOT concern the problems of conflicts of jurisdictions Public Procurement Law (20 hrs) Dr Anna Górczyńska Public Procurement Law regulates the contracts between public administration and private entrepreneurs. The subject of public 20. procurement procedures are public works, public services and public supplies. The EU public procurement market is estimated on anna.gorczynska@interia.pl the level of 17 % GDP of EU Member States. The main issues presented during the lecture include: subject and object of public procurement, qualification criteria, public procurement procedures, award criteria, remedies, electronic public procurement. The lecture will present EU public procurement legal system with the examples of national legal rules and actual European and national judgements. Roman Law / Rőmisches Recht (30 hrs) - tutorial for Erasmus students, - Langue: English or German Dr Dagmara Skrzywanek-Jaworska - ECTS: dskrzywanek@wpia.uni.lodz.pl The course deals with the basic elements of Roman law during the Republican age concerning with special emphasis put on civil law. Its aim is to give an insight into the system of law which has exerted an immense influence on legal thinking and legal culture in Europe. The EU System of Judicial Protection (20 hrs) 22. The course is composed of three parts. The first part covers the presentation of the function of the Court of Justice of the EU within the whole system of judicial protection in the Union, as well as the presentation of the structure of the CJEU, its functioning, rules of Dr Marcin Górski marcin.gorski@tga.com.pl procedure, jurisdiction, participant of proceedings, their representatives etc. The second part consists of discussing the particular procedures before the CJEU, including the coercive actions, action for annulment, action for failure to act, action for damages and preliminary reference procedure. The third part concerns the protection of fundamental rights in the EU. The Protection of Human Rights (10 hrs) - ECTS: The course constitutes an overview of documents and mechanisms of international human rights' protection accompanied by the Dr hab. Jacek Skrzydło jacskrzy@poczta.onet.pl analysis of relevant ECHR jurisprudence. It is aimed to provide the student with a description of the international and European human right's protection system and the knowledge on its operation in practice. The United States Income Tax System (20 hrs) 24. SUSPENDED IN 2016/ European Union and Terrorism UNIVERSITY LRCTURE (30 hrs) - ECTS: 6 The course is open to all the University students interested in international security, international relations and the European Union. The aim of the course is to explore the European Union instruments in the field of combating terrorism. The discussion on the legal measures will be enriched with the analysis of the decisions of the Court of Justice of the European Union. The skills gained during the course will enable the students to understand and apply efficiently the EU-law mechanisms. The emphasis will be placed on the obligations resulting from the EU-law instruments, as well as on human rights. Dr Magdalena Matusiak-Frącczak matusiak.fracczak@gmail.com

5 COURSES IN FOREIGN LANGUAGES at the Faculty of Law and Administration NOTICE: Courses are available for incoming foreign students and for Polish students. The ECTS number indicated below concerns only the incoming foreign students participating in exchange programs (e.g. Erasmus) All students, including foreign students, have to register for the courses of their choice. If the foreign Erasmus students are not able to do it via the on-line registration system (USOS), they should just inform either the Faculty International Office, the Faculty Erasmus Coordinator or the ECTS Coordinator about their choice of courses (by most convenience means, e.g. ), and we will assist with their registration. However, they always have to have their (changes to) Learning Agreement signed by the Faculty Erasmus Coordinator in any case. To start a course in form of a lecture a group of at least 6 students is required; otherwise the course may be given just for 2-3 foreign students in form of a tutorial (with the same ECTS value, under particular conditions set by the lecturer in cooperation with the Faculty Erasmus Coordinator) Additional ECTS credits may be awarded after completion of additional requirements (e.g. writing an essay on a topic within the scope of the course) possible to be set out on individual basis, depending on the student s needs and interests. Please contact International Office for further details. In case of any questions or doubts please contact either the Faculty International Office, the Faculty Erasmus Coordinator or the ECTS Coordinator. CONTACT Dr Izabela Skomerska- Ms Marta Mucha Dr Anna Czaplińska Muchowska Faculty Erasmus Coordinator Faculty International Office Faculty ECTS Coordinator Office hours in room 2.11 Mon, Tue, Thu, Fri 09:00-13:00 iskomerska@wpia.uni.lodz.pl international.office@wpia.uni.lodz.pl aczaplinska@wpia.uni.lodz.pl