European Human Rights Law

Uitgebreide vaknaam	European Human Rights Law
Leerdoelen	This course reflects on the core values upon which the Union is founded, that is, “respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights....” (Treaty on European Union, Article 2). During the course we will examine how these core values, and fundamental rights protection in particular, have evolved in the European Union and their role in redressing ‘excessive’ market developments. The course is built on three strands: 1. An examination of the scope of fundamental rights protection within the European Union; 2. An examination of the institutional development and functioning of the Council of Europe system of fundamental rights protection, in particular the European Court of Human Rights (ECtHR), and the European Union system of human rights protection, in particular the European Court of Justice; 3. An examination of a selection of rights and fundamental freedoms covered in the European Convention of Human Rights and the EU Fundamental Rights Charter – including the rights to enjoyment of private life, data protection, citizenship, freedom of expression, non-discrimination and right to effective remedy and fair trial. In selecting which rights to be covered, attention to recent case-law and market developments are kept in mind. At the end of this course students are expected to: 1) have a thorough knowledge of the system of fundamental rights protection in the European Union; 2) have a thorough knowledge and understanding of particular fundamental rights in the European Union; 3) have a deep understanding of the role of fundamental rights for the economic development of the European Union; 4) have a thorough understanding of the intricate relationship between the rights existing under the European Convention of Human Rights and the EU Charter of Fundamental rights; 5) be able to independently assess and apply relevant facts, legislation, jurisprudence and literature in order to address the complex relationship between fundamental rights and market freedoms; 6) be able to independently carry out academic legal research on core values of the European Union and fundamental rights in particular; 7) be able to independently participate in the debate on fundamental rights protection in Europe.
Omschrijving	This course examines the background and scope of the European Convention of Human Rights and the European Union system of human rights protection. It examines the institutional development and functioning of the Council of Europe system of fundamental rights protection, in particular the European Court of Human Rights (ECtHR), and the European Union system of human rights protection, in particular the European Court of Justice. The course looks at the scope of fundamental rights protection within the European Union as well as by the Union in its external relations. A selection of rights and fundamental freedoms covered in the European Convention of Human Rights and the EU Fundamental Rights Charter are discussed. This section includes an examination of the individual rights in the Charter and how these differ from Convention rights. Students are encouraged to reflect on the impact of the development of seemingly different common standards within Europe. The course is built on three strands: 1. An examination of the scope of fundamental rights protection within the European Union; 2. An examination of the institutional development and functioning of the Council of Europe system of fundamental rights protection, in particular the European Court of Human Rights (ECtHR), and the European Union system of human rights protection, in particular the European Court of Justice; 3. An examination of a selection of rights and fundamental freedoms covered in the European Convention of Human Rights and the EU Fundamental Rights Charter – including the rights to enjoyment of private life, data protection, citizenship, freedom of expression, non-discrimination and right to effective remedy and fair trial. In selecting which rights to be covered, attention to recent case-law and market developments are kept in mind.
Uren per week	2
Onderwijsvorm	hoorcollege (7 2-hour lectures; This course is taught by way of lectures, in-class discussions and guest lectures.)
Toetsvorm	schriftelijk (essayvragen) (digitaal)
Vaksoort	m5-niveau, juridisch
Coördinator	prof. dr. J. Morijn
Docent(en)	prof. dr. D. Kochenov ,Prof. Dr. G.P. Mifsud Bonnici ,prof. dr. J. Morijn
Verplichte literatuur	Titel Auteur ISBN Prijs Compulsory Reading: Jacobs, White & Ovey: The European Convention on Human Rights (8th Edition, 2020) Oxford University Press Robin C.A. White & Clare Ovey ISBN 9780198847137 ca. €  50,00 Documents and cases made available through Studentportal (Nestor)under Documents Recommended Reading: Harris, O'Boyle & Warbrick: Law of the European Convention on Human Rights (third Edition 2014) Oxford University Press David Harris et al. 978-0199606399 ca. €  30,00
Entreevoorwaarden	This course is only accessible for students that have been fully admitted to a master's degree programme within the Faculty of Law. This course is not open to non-law exchange students.
Opmerkingen
Opgenomen in	Opleiding Jaar Periode Type Exchange programme Law 1 semester II b optional LLM European Economic Law 1 semester II b optional compulsory LLM European Law in a Global Context 1 semester II b optional compulsory LLM International Human Rights Law 1 semester II b b. optional compulsory Open Colleges - semester II b keuze