RIGHTS PROTECTION IN THE EUROPEAN UNION
Learning outcomes of the course unit
The course aims to provide students with specialist knowledge related to the protection of rights in the European Union. At the end of the course, the student will be able to:
- know in detail the methods of jurisprudential and non-jurisprudential protection of the rights conferred on individuals by European Union law;
- identify the main evolutionary tendencies of the jurisprudence relating to the protection of specific rights;
- study independently other specific aspects related to the subject;
- make critical comments on the application of the main relevant legal instruments;
- correctly frame legal issues relating to the protection of rights, whether taken from current events or merely hypothetical;
- elaborate legal arguments using appropriate language and autonomy of reasoning.
Course contents summary
The course focuses on the protection of rights in the legal order of the European Union. After a general introduction, also of historical nature, particular attention will be paid to the means of protection, of both jurisdictional and non-jurisdictional nature, that individuals can activate to see the rights guaranteed to them by EU law recognized. Attention will be also paid to the content of some rights, including, in particular, those enshrined in the Charter of Fundamental Rights of the European Union. In this regard, some seminars will be organized to analize the following topics: the right to health; the right to data protection; the right to paid leave.
Finally, the relationships between the legal order of the European Union, the legal systems of the Member States and the system of the European Convention on Human Rights will be analyzed. Some specific areas will be deepened through the analysis of case-law and the discussion of practical cases. A moot court will also be organized, during which students will have the opportunity to apply the theoretical concepts acquired during the course.
- Introduction to the Protection of Rights in the European Union;
- The sources of fundamental rights in the European Union;
- The Charter of Fundamental Rights of the European Union: content, scope of application, relationship with the European Convention on Human Rights and domestic law;
- Analysis of the case law and legal framework on the protection of selected fundamental rights;
- Focus 1: Asylum and immigration;
- Focus 2: EU citizenship;
- Final moot court.
- Craig, De Burca, EU Law: Text, Cases and Materials, sixth ed., Oxford, 2015, chapter 11 on "Human Rights in the EU", pp. 380-428, and chapter 23 on "Citizenship of the European Union", pp. 852-891.
- Further teaching material (slides, documents and readings on specific aspects), which will be upload on the Elly platform every week.
The course will alternate lectures and seminars. The theoretical analysis of the issues covered by the course will be complemented by the reference to the Court of Justice of the European Union's case-law and by the in-depth discussion of case studies. In order to enhance active learning methods, a moot court will be organised on a fictitious case modelled on the basis of a case actually decided by the Court of Justice.
Assessment methods and criteria
For students attending lectures, there are two alternative options depending on the developments related to the current Covid-19 pandemic:
1. If lectures will be held in class: Intermediate written test, concerning the first part of the program (to be defined at the beginning of the course) and final oral test, concerning the second part of the program. The intermediate written test will consist of five multiple choice questions, two questions on practical cases and an open question. Every correct answer to the multiple choice questions determines the attribution of 3 points and every wrong answer a penalty of point 1. The answers not provided do not give score. Questions on practical cases will be awarded up to 4 points and the open question up to 7 points. The test will be considered passed with a score of 18/30.
The oral exam will consist of a general question and more specific questions.
The presentation of a practical case in the oral examination and the commitment shown in the context of the moot court will also be taken into consideration in order to assess the student's ability to apply concretely the knowledge learned and his/her autonomy of judgment. The ability to communicate will be ascertained in the oral examination. The final grade will be based on the average of the marks obtained in the intermediate written test and in the oral examination.
2. If lectures will be held online due to the Covid-19 pandemic: Intermediate oral exam, concerning the first part of the program (to be defined at the beginning of the course) and final oral test, concerning the second part of the program. Both tests will consist of a general question and more specific questions.
The presentation of a practical case in the final oral examination and the commitment shown in the context of the moot court will also be taken into consideration in order to assess the student's ability to apply concretely the knowledge learned and his/her autonomy of judgment. The ability to communicate will be ascertained in both examinations. The final grade will be based on the average of the marks obtained in the intermediate test and in the final examination.
Students not attending lectures:
Oral examination. The acquired knowledge will be verified through questions aimed at ascertaining the effective understanding of the main means of protection.
The ability to communicate will be ascertained by evaluating the answers provided by the candidate during the examination, taking into account the capability to use technical language.
Students can choose to undertake the exam either in English or in Italian.