LAW IN BUSINESS FROM THE EUROPEAN PERSPECTIVE

LAW IN BUSINESS FROM THE EUROPEAN PERSPECTIVE

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

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

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

  • Mandatory courses

    Winter Semester:

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

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

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

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

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

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

    Summer Semester:

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

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

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

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

  • Optional courses

    Winter Semester:

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

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

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

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

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

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

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

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

    Summer Semester:

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

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

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

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

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

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

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

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

Applicants without a valid visa need to apply
before April 30th each year.