Winter Semester | 5 ECTS

Constitutional law is a field of law that legally anchors and defines the basic issues of the relationship between the individual on the one hand and society and public power on the other. These are questions of the first place of securing the fundamental rights and freedoms of the individual, whether against their abuse or violation by other individuals or by the public authorities and their bodies and bearers. It also concerns questions of the source of public power and the possible scope of its exercise, as well as participation in it by the individual, and its control. Other areas of interest in constitutional law include the determination of the basic structure of public power, its distribution, the links and relations between its various components, as well as the determination of the mechanisms of their mutual control.

The course "Constitutional System of the Czech Republic as a Part of European Constitutional Tradition" focuses on the described issues de constitutione lata, or their interpretation within the framework of positive legal regulation, i.e. the current framework of the constitutional order and the norms immediately following and developing it. Attention will be paid to both the Constitution of the Czech Republic and the Charter of Fundamental Rights and Freedoms, while their individual institutes will be interpreted in the context not only of the laws that implement the constitutional order, but also of the current case law of the Constitutional Court of the Czech Republic. All this in the context and comparison within the legal rules of both the Council of Europe and the European Union, or their member states.

1. Introductory Information; Roots and Main Features of the Contemporary Constitutional System of the Czech Republic (Kudrna) 
2. Sources of Law in the Czech Republic; International Law and European Law, Parliament and the Legislative procedure (Preuss) 
3. Elections in the Context of Constitutional Law of the Czech Republic (Antoš) 
4. The President and the Government in the Parliamentary System of the Czech Republic (Kindlová) 
5. Institutional Protection of Human Rights – the Judiciary and the Public Defender of Rights (Řepa) 
6. Institutional Protection of Human Rights – the Constitutional Court (Kindlová) 
7. Political Rights in the Czech Republic (Kindlová)
8. Political Rights in the Czech Republic and the example of Freedom of Assembly (Kudrna) 
9. Socio-economical rights and their Interpretation by the Constitutional Court (Antoš) 
10. Fundamental Rights and Freedoms, the Right to Judicial and Other Legal Protection in the Charter and in the Decisions of the Constitutional Court (Grinc) 
11. Examination (Kudrna)

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Winter Semester | 5 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. Introduction to NRL. Mining Law
2. Energetic Law
3. Nuclear law
4. Renewable resources I.
5. Renewable resources II.
6. Fresh waters
7. Biological diversity
8. Fishing and hunting
9. Soil and agriculture
10. Forestry

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Winter Semester | 5 ECTS

The course provides enhanced explication of legal and extra-legal issues arising in international taxation of income. It focuses on international legal double taxation, its causes and effects, as well as the tools and instruments for the elimination or at least moderation of the same, including the instruments contained in international double taxation treaties (DTTs). Students will become acquainted with basic notions, terminology, and sources of international tax law. They will work with the texts of model treaties on elimination of double taxation as well as selected bilateral treaties actually concluded and applied between various countries. They will learn to find, interpret, and apply relevant rules of elimination of international double taxation and will be given the opportunity of learning how to resolve selected practical situations by application of gained skills and knowledge.

The course is not strongly based on positive law of the Czech Republic or any particular country, and the
competences gained in it by the students can thus be utilized in any jurisdiction in which they may operate in the future.

1. Introduction
2. Tax treaties
3. Scope and definitions
4. Permanent establishment
5. Allocation of taxation rights I
6. Allocation of taxation rights II
7. Allocation of taxation rights III
8. Methods of elimination of double taxation
9. Special provisions
10. Wrap-up and practical excercises

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Winter Semester | 5 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.

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Winter Semester | 5 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

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Winter Semester | 5 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. Criminal Law in the 19th century and Austrian constitutional development
4. Criminal Law in the 19th century and Austrian constitutional development
5. Czechoslovak legal development 1918-1939: the first Czechoslovak Republic, The Constitutional Act 1920, Legal dualism, Legal development 1938/1945
6. Czechoslovak legal development 1918-1939: the first Czechoslovak Republic, The Constitutional Act 1920, Legal dualism, Legal development 1938/1945
7. Czechoslovak legal development 1945-1948 and 1948-1989 in outline, Constitutional developments, Characteristic of communist regime and its periods, Main branches of law
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

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Winter Semester | 5 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
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. Democratic Backsliding •  The Fall of New Constitutionalism • The Rise of New Authoritarianism • Poland and Hungary • The Power of the EU • European Court of Human Rights and Democratic Backsliding I
8. Democratic Backsliding •  The Fall of New Constitutionalism • The Rise of New Authoritarianism • Poland and Hungary • The Power of the EU • European Court of Human Rights and Democratic Backsliding II
9. Constitutional Systems of the New EU Countries: Bulgaria, Romania, Croatia I
10. Constitutional Systems of the New EU Countries: Bulgaria, Romania, Croatia I

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Winter Semester | 5 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

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Winter Semester | 5 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)

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Winter Semester | 5 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

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Winter Semester | 5 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

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Winter Semester | 5 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

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Winter Semester | 5 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

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Winter Semester | 5 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

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Winter Semester | 5 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

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Summer Semester | 5 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 (global, European and national level). International, European and Czech environmental policy Environmental law (system, principles, instruments), transposition and implementation of international and EU environmental law, institutional safeguards for environmental protection
2. Access to environmental information, public participation in environmental decision-making. Ownership and environmental protection. Role of the justice (courts) in the protection of environment
3. Main horizontal legislation I: Land-use planning
4. Main horizontal legislation II: EIA, IPPC
5. The liability system of environmental protection
6. Air pollution regulation. Earth’s climate system protection
7. Water resources protection
8. Biodiversity and nature protection
9. Agriculture land and forest protection
10. Regulation of sources of endangerment: Waste

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Summer Semester | 5 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. Internal market I.
9. Internal market II.
10. EU competition law

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Summer Semester | 5 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.

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. Antitrust Law
5. Typical Business Contract
6. Introduction to Private International Law
7. Persons in Private International La
8. Private International Law Rules
9. International Business Contracts
10. Settlement of Disputes in International Commercial Relations

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Summer Semester | 5 ECTS

The aim of the course is to introduce students to selected problems of (not only) Czech criminal law and criminology, seeking their solutions in the European and international context. The course focuses, for example, on problems 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
9. Electronic Evidence in Criminal Proceedings
10. Cybercrime

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Summer Semester | 5 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. 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
6. Introduction to Torts • Principal Sources • Functions of Tort Law • Economic Analyse of Tort Law • Civil Liability • Prerequisites • Comparative Overview • Case Law
7. Fault as a Prerequisite of General Liability for Damage • Intention and Negligence • Fortuity • Contribution of Injured Party • Comparative Overview • Case Law
8. 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
9. Damages • Manner and Scope of Compensation for Damage • Compensation in Money and Restitution • Joint Liability • Comparative overview
10. Different Types of Special Liabilities for Damage in Civil law • Cases and Practical Examples

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Summer Semester | 5 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. Introduction in labour law, the concept of worker
2. Key principles of EU labour law
3. Contract of employment, employment relationship, establishment, changes and termination
4. Working time, rest periods
5. Salary and working conditions
6. Discrimination and its ban in social law
7. Work-life balance in social law
8. Social protection
9. Posting of workers
10. Coordination of social security laws

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Summer Semester | 5 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. Introduction
2. Microeconomic paradigm and core concepts
3. Economic theory of property law
4. Economic theory of contract law I
5. Economic theory of contract law II
6. Economic theory of tort law I
7. Economic theory of tort law II
8. Economic theory of Crime
9. Economics of Litigation
10. Economic theory of international law

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Summer Semester | 5 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 I
9. Investment Arbitration II
10. Mediation and other ADR methods

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Summer Semester | 5 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.

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Summer Semester | 5 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

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Summer Semester | 5 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

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Summer Semester | 5 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 detailed knowledge 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 experienc
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.

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Summer Semester | 5 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.

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