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 enable students  

- to discuss and implement the various legal philosophies, general theories of law, legal and political cultures feeding the controversies on subjective fundamental rights in an open society, not only in Europe, but beyond

- 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.

Due to the emergency context, the course will be held by exploiting different tools available. In a specific way, traditional academic classes shall be replaced by production of slide shows and other teaching material, such as academic papers, videos, law texts, judgements. Once a week it shall be set up a meeting in order to discuss such a material. Student could be involved in giving a short presentation of a specific case study by a comparative point of view.

In order to deal with organization and logistic issues it’s warmly recommended that student interested in attending classes register themselves on the moodle platform in the related course. Any communication related to the course shall be given on the specific forum set up in moodle platform’ course

Written exam only. The exam has to be carried out in English and will focus on the theoretical and practical questions examined during the classes related to a specific case from list handed over during the course. Attending students can discuss their own case or a new book on specific topics of fundamental rights during classes and present a paper on the case (or on a book) for the examination.

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

FIRST PART

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

CASE STUDIES

Selected cases of ECHR, ECJ and national constitutional courts.

A. Rainer (ed.), The Convergence of the Fundamental Rights Protection in Europe, Springer, 2016 (e-book available)

Papers, Slides and Materials which will be uploaded until the class end