Fundamental Rights in Europe
Fundamental Rights in Europe
Anno accademico 2022/2023
- Codice attività didattica
- Prof. Dario Elia Tosi (Titolare del corso)
- Corso di studio
- Laurea in Global Law and Transnational Studies - a Torino (D.M. 270/2004) [0707L31]
- 3° anno
- Primo semestre
- Affine o integrativo
- SSD attività didattica
- IUS/21 - diritto pubblico comparato
- Tipologia esame
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 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.
Risultati dell'apprendimento attesi
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.
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 student in a comparative analysis of different solutions and protection’s systems
- The concept and history of fundamental rights
- Fundamental rights in the EU system
- Fundamental rights under the ECHR system
- The Interplay between Constitutional and European fundamental rights guarantees
Selected cases of ECHR, ECJ and national constitutional courts.
Modalità di insegnamento
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.
Due to the ongoing 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.
Modalità di verifica dell'apprendimento
The exam generally consists of a written test consisting of 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.
Attending students can 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.
Attività di supporto
Testi consigliati e bibliografia
- An Introduction to Fundamental Rights in Europe
- Anno pubblicazione:
- A. Facchi - S. Faccetta - N. Riva
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)
Given the persistence of the emergency, more precise indications on teaching activities and examinations can only be given close to the start of classes