JJUB55134U Human Rights in the European Union - NOTE: THE COURSE IS CANCELLED IN THE AUTUMN SEMESTER 2018
The course will provide the students with a better understanding
of the different aspects of human rights protection within the
European Union. The course’s aim is to enable the students to
engage in debate about the role of the Court of Justice of the
European Union (CJEU) as a human rights court as well as give them
knowledge about substantive human rights, such as the right to
privacy, and their respective protection within the EU.
However, the course will decidedly not provide a linear narrative of the selected topics, but engage the students in a process of discovery and debate with the aim to equip them for solving complex legal problems and meet the legal challenges that face the EU legal human rights order.
Human rights have come to be an important part of EU law. Since the Court of Justice of the European Union (CJEU) first introduced fundamental rights protection as an integral part of the Community legal order, it has faced much criticism from both national and international lawyers as well as many other challenges. For example, the CJEU has had to find its place as a human rights court in a global society in which the European Court of Human Rights and the United Nations treaty bodies to a wide extent protect essentially the same rights. The course will provide an insight into the scope and nature of the EU human rights protection as well as comparative studies of the CJEU and the case law from other human rights institutions on selected human rights issues, such as the right to privacy.
- Identify the basis, history and framework of human rights
protection in the European Union,
- Identify the role and competencies of the Court of Justice of the European Union (CJEU),
- Understand the structure of the European Charter of Fundamental Rights as well as its individual Articles,
- Understand the relationship between the CJEU and other relevant international human rights institutions (primarily the European Court of Human Rights and the UN treaty bodies),
- Explain the CJEU’s principles of interpretation and their effect on fundamental and human rights in the EU,
- Discuss - orally or in writing - the quality of a judgment or a line of reasoning of the CJEU on the basis of existing case law and the general principles of interpretation,
- Identify the legal issues involved in real or hypothetical cases, and explain the relevance of CJEU jurisprudence to them,
- Identify and reflect upon current human rights challenges in the European Union and discuss the possible role of the European Union and the CJEU in responding to the challenges identified,
- Communicate and formulate her/his knowledge and arguments in a linguistically correct, structured and coherent manner using appropriate terminology.
Selected cases and materials, ca. 750 pp
The teaching will be based on students’ active participation in analysis and discussion. This dialogue will ensure feed-back to students from the teacher
- 15 ECTS
- Type of assessment
- Written examination, 1 dayAssigned individual written assignment, 1 day
- Marking scale
- 7-point grading scale
- Censorship form
- No external censorship