EC 53.8 Dispute Settlement Mechanisms and Human Rights

EC 53.8 Dispute Settlement Mechanisms and Human Rights

  • Level

    Bachelor's degree

  • ECTS

    2,5 credits

  • Component

    Collège Etudes Européennes et Internationales (EEI)

  • Number of hours

    20h

  • Semester

    Autumn

Description

The protection of fundamental rights is a core dimension of both international and European law. However, its effectiveness largely depends on the implementation of legal remedies at the universal/international and regional/European levels. Indeed, human rights litigation today comprises various international and supranational mechanisms for resolving disputes, whether between states or between individuals and public authorities.
This course aims to explore the interaction between the protection of fundamental rights and the various dispute resolution mechanisms related to this area, focusing on the position of the individual within the systems for safeguarding fundamental rights as provided for by international law, the European Convention on Human Rights, and the law of the European Union.

  • Course outline (simplified):
     Introduction
  • Types of mechanisms for the protection of fundamental rights
  • The universal/international level: Sources of fundamental rights at the international level
  • The universal/international level: Procedures before the UN Human Rights Council and treaty bodies
  • The regional/European level: Key features of the European Convention on Human Rights
  • The regional/European level: Litigation before the European Court of Human Rights
  • The regional/European level: The protection of fundamental rights within the legal order of the European Union
  • The regional/European level: Fundamental rights litigation before the Court of Justice of the European Union
  • The interaction between the European Court of Human Rights and the Court of Justice of the European Union in the context of the protection of fundamental rights
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Objectives

• To familiarize you with the main mechanisms for protecting fundamental rights at the international and European levels;
• To explore the challenges of protecting fundamental rights within the context of dispute resolution mechanisms at the universal and regional levels;
• To gain a better understanding of how the legal avenues for protecting fundamental rights function within the international and European Union legal systems;
• To understand the position of the individual in relation to the various dispute resolution mechanisms concerning the protection of fundamental rights.

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Course parts

  • CMLecture20h

Additional information

  • Lecture course – 20 hours
  • The teaching method is not limited to imparting theoretical knowledge, but aims to develop students' reasoning and analytical skills in relation to a legal phenomenon that exhibits different characteristics and operational mechanisms at the international/universal and regional/European levels. To this end, the course will be taught not only through lectures, but also through interactive discussions with the instructor.
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