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Lecturer(s)
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Šišková Naděžda, doc. et doc. JUDr. Ph.D.
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Hamuľák Ondrej, JUDr. Ph.D.
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Course content
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Lectures 1. The notion and role of human rights within the EU legal system - introductory lecture. 2. The evolution of human rights protection on the level of EC/EU - approach of the CJEU 3. The codification of human rights on the level of EU - analysis of the process of the adoption of the Charter of Fundamental Rights of the EU 4. Structure and content of the Charter of Fundamental Rights of the EU - general description and comparison with other international sources. 5. Rights within the EU Charter I - commentary on the content of chapters I-III of the Charter 6. Rights within the EU Charter I - commentary on the content of chapters IV-VI of the Charter 7. The scope and regime of the application of the Charter of Fundamental Rights of the EU. 8. The instruments and possibilities of judicial enforcement of the EU Charter. 9. EU and European Convention for the Protection of Human Rights and Fundamental Freedoms - interrelations and interactions from past to present days. 10. Accession of the EU to the European Convention for the Protection of Human Rights and Fundamental Freedoms. 11. Other sources of human rights protection at the level of supranational entities - political procedures, soft law, secondary law, ombudsman, European Data Protection Supervisor, FRA. 12. EU as global human rights player - promotion of human rights within the external relations of the EU. Seminars: 1. The role of human rights within the EU legal system and evolution of their protection. 2. Charter of Fundamental Rights of the EU - analysis of content. 3. Charter of Fundamental Rights of the EU - problems of interpretation. 4. Charter of Fundamental Rights of the EU - paths of enforcement. 5. Accession of the EU to the European Convention for the Protection of Human Rights and Fundamental Freedoms. 6. Other sources and tools of human rights protection at the level of supranational entities.
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training)
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Learning outcomes
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The recognition of human rights and the introduction of a system that monitors their observance are not important only for individual citizens and their protection within the supranational structure. It represents also a certain autopoiesis of the EU's constitutionalism. It is clear that a constitution without human rights is not a constitution. Only the recognition of the possibility to protect human rights, only their recognition as an immanent component of the supranational legal system, gave this system the nature of a material constitutional structure. This course will be focused on role, concepts and tools of human rights protection within the European Union. The course will be based on an analysis and comparison of individual instruments (EU Charter of Fundamental Rights, the European Convention for the protection of Human Rights and Fundamental Freedoms, fundamental rights as general principles of law), defining their relationship and possible interactions. Students will gain the knowledge necessary for further understanding of the entire system of EU law. The course will also provide students with examples of practical application of human rights at Union level and procedures that may be used to protect an individual (judicial and non-judicial instruments) which will lead to obtaining the necessary practical skills (which rights, how and when to defend at EU level?). The aim is also to introduce students to the importance of human rights for the building of the EU constitutional dimension in historical perspective and in its current form (in particular the importance of human rights protection for the legitimization of the EU activities and for the justification of the autonomy of EU law). The course will furthermore help students to grasp the role of the EU as an enforcer of human rights in a global context..
Students will learn about issues of level, content, procedures and mechanisms of human rights protection in the European Union and get analytical skills necessary for further study and research on issues of constitutional dimension of European integration and its human rights requirements.
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Prerequisites
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Passing of this course is not conditional upon passing any other course.
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Assessment methods and criteria
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Student performance
In order to finish the course, active participation in seminars and successful passing of final exam (in combined form) is required. Study of relevant case-law and course reading materials is the required part of the preparation for the seminars.
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Recommended literature
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Alston et al.. (1999). The EU and Human Rights. Oxford.
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Craig, de BÚRCA. (2011). The Evolution of EU Law. Oxford.
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de Búrca, de Witte et al. (2005). Social Rights in Europe. Oxford.
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De Vries, Bernitz et al.. (2013). The Protection of Fundamental Rights in the EU After Lisbon. Oxford.
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Gragl. (2013). The Accession of the European Union to the European Convention on Human Rights. Oxford.
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Peers, Hervey et al. (2014). The EU Charter of Fundamental Rights - A Commentary. Oxford.
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Peers, Ward et al.. (2004). The EU Charter of Fundamental Rights - Politics, Law and Policy. Oxford.
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Popelier, van de Heyning et al.. (2011). Human rights protection in the European legal order: The interaction between the European and the national courts. Cambridge.
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Torres Pérez. (2009). Conflict of Rights in the European Union. Oxford.
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WEILER. (1999). The Constitution of Europe. New York.
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