Corsi di Studio del Dipartimento di Giurisprudenza

Fundamental Rights are a key topic of the Europeanization and globalization of the institutions of public law at every level of government. The protection of fundamental rights requires specific legal knowledge and a proper methodology. Theories and practices of fundamental rights need to be analysed from different viewpoints so to enhance cultural sensitivity on the topic of fundamental rights in Europe and the role played by national systems and supranational organizations (above all EU institutions and EctHR) to improve protection of human dignity and enable students

- to apply a systematic interpretation of the various legal orders and sources of law regarding fundamental rights,

- to apply all tools offered by jurisdictional, administrative and political guarantees, including human rights watching, within the various legal orders operating in Europe

- to analyse and provide solutions for all kinds of old and new, decided, pending or future fundamental rights' problems. 

By the end of the course students should have an overall awareness of the multilevel protection of human rights in Europe and should be able to envisage solutions for specific classical and new fundamental rights' cases, by recognising all tools offered by jurisdictional, administrative and political guarantees, including human rights watching, within the various legal orders operating in Europe.

Starting from the academic year 2023/24, the course is part of the Jean Monnet's Module "Fundamental Rights in Europe: Enhancing cultural sensitivity for INclusiveness (FREE IN)". The module aims at improving sensitivity on the topic of Fundamental rights protection and, above all, the role of EU system in empowering and protecting people and minority communities that are unheeded.

Within this framework, the course shall consist of two different parts. In the first part, though in a not exhausting way, classes should focus on general and theoretical issues. The second part shall deal with specific case studies, involving students in a comparative analysis of different solutions and protection’s systems with specific regard to protection of unheeded categories and people in a weak position. This year a special focus will be dedicated to the protection of fundamental rights related to the environment and future generations as well as same sex couples.

FIRST PART

1. The concept and history of fundamental rights
2. Fundamental rights in the EU system
3. Fundamental rights under the ECHR system
4. The Interplay between Constitutional and European fundamental rights guarantees

CASE STUDIES

Selected cases of ECHR, ECJ and national constitutional courts.

The course shall be organised in face-to-face lectures, that will be supported on the Moodle platform by the publication of supplementary teaching materials relating to the course topics.

Attending students could be involved in giving a short presentation of a specific case study by a comparative point of view.

In case of emergency situation, classes organization may be subject to change. Any changes will be promptly communicated on the Moodle platform. More generally, all communications relating to the course, including any decisions on intermediate tests and exercises, will be posted on a special forum on the Moodle platform. Students interested in actively attending the course are therefore warmly invited to enrol themselves to the course activated on the Moodle platform before the formal start of classes.

The exam generally consists of a written test with open-ended questions designed to assess the acquisition of knowledge related to the course topics. In the case the emergency situation does not allow exams to be held in person, remote written examinations may be considered. In any case, remote written examinations will be available for those who find themselves in one of the conditions set out in the University regulations in force.

Based on the number of students actively involved in the classes, attending students may be admitted to discuss a case or a new book on specific topics of fundamental rights during classes and present a paper on the case (or on the book) for the examination.

Papers, slides and further materials will be uploaded until the class end

For non attending students it's also required the study of A. Rainer (ed.), The Convergence of the Fundamental Rights Protection in Europe, Springer, 2016 (e-book available)