Postgraduate Course: EU Fundamental Rights Law (LAWS11323)
Course Outline
| School | School of Law |
College | College of Humanities and Social Science |
| Credit level (Normal year taken) | SCQF Level 11 (Postgraduate) |
Availability | Not available to visiting students |
| SCQF Credits | 20 |
ECTS Credits | 10 |
| Summary | This course covers the law of fundamental rights in the European Union. The course is divided up into three parts: the first introductory part aims at familiarizing students with the development of fundamental rights law in the European Union; the second part addresses the internal dimension of EU fundamental rights and will have a focus on the EU Charter of Fundamental Rights, which only entered into force in December 2009. We will have a look at various doctrinal questions, e.g. surrounding the applicability of the Charter in the Member States and in private law relationships as well as the limits to the rights guaranteed in the Charter and the difference between rights and principles. Furthermore, we will look at the substantive content of the rights mainly on the basis of the case law of the CJEU. This part of the course will also grapple with the problem of enforcement of fundamental rights, in particular the issue of systemic shortcomings in the Member States, such as in the case of Hungary. The third part addresses the external dimension, which is the relationship between the EU and the European Convention on Human Rights. It will address the clash between fundamental rights and UN Security Council Resolutions, the responsibility of EU Member States before the European Court of Human Rights and the imminent accession of the EU to the ECHR and its impact on both the EU and the ECHR systems. |
| Course description |
1. Introductory Session
2. Genesis of EU Fundamental Rights Law: General Principles
3. The Charter of Fundamental Rights I: Structure
4. The Charter of Fundamental Rights II: Rights
5. Impact of the Charter in the Member States
6. Enforcing EU Fundamental Rights
7. Fundamental Rights v. International Obligations
8. The EU and the ECHR I: pre-Accession
9. The EU and the ECHR II: post-Accession
10. Overview and Core Themes: the EU as a Human Rights Organization?
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Entry Requirements (not applicable to Visiting Students)
| Pre-requisites |
|
Co-requisites | |
| Prohibited Combinations | |
Other requirements | An understanding of EU law, in particular, of the principles of primacy and direct effect and the basic workings of the Court of Justice. |
Course Delivery Information
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| Academic year 2017/18, Not available to visiting students (SS1)
|
Quota: None |
| Course Start |
Semester 2 |
Timetable |
Timetable |
| Learning and Teaching activities (Further Info) |
Total Hours:
200
(
Seminar/Tutorial Hours 20,
Programme Level Learning and Teaching Hours 4,
Directed Learning and Independent Learning Hours
176 )
|
| Assessment (Further Info) |
Written Exam
0 %,
Coursework
100 %,
Practical Exam
0 %
|
| Additional Information (Assessment) |
One essay worth 80% and class participation worth 20% |
| Feedback |
Students will be given the opportunity to complete one piece of writing as a formative assessment during the first half of the semester. They will be given detailed individual written, and if required, oral feedback.
Students will also be given individual oral feedback on their progress regarding their course participation marks in Week 5.
Students received detailed written individual feedback on their summative essay. |
| No Exam Information |
Learning Outcomes
On completion of this course, the student will be able to:
- Students will acquire an in-depth knowledge of EU fundamental rights law and its limitations
- Students will be enabled to appreciate the role of fundamental rights in the context of EU constitutionalism
- Students will get a thorough understanding of the multi-layered reality of human rights protection in contemporary Europe
- Students will acquire a good understanding of selected substantive human rights questions
- Students will explore the limits of the enforceability of European human rights values and critically evaluate alternative solutions
|
Reading List
| G de Burca, The Evolution of EU Human Rights Law in Craig/de Burca, The Evolution of EU Law, 2nd Edition, OUP 2011, Chapter 16 |
Additional Information
| Graduate Attributes and Skills |
Students will acquire an in-depth knowledge of EU fundamental rights law and its limitations
Students will be enabled to appreciate the role of fundamental rights in the context of EU constitutionalism
Students will get a thorough understanding of the multi-layered reality of human rights protection in contemporary Europe
Students will acquire a good understanding of selected substantive human rights questions
Students will explore the limits of enforceability of European human rights values and critically evaluate alternative sources |
| Keywords | EU Law; Human Rights; Fundamental Rights; Charter of Fundamental Rights; International Organis |
Contacts
| Course organiser | Dr Tobias Lock
Tel: (0131 6)51 5535
Email: |
Course secretary | Mr David Morris
Tel: (0131 6)50 2010
Email: |
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