Fundamental Rights in Europe

URL study guide

https://studiegids.vu.nl/en/courses/2024-2025/R_FunRE

Course Objective

The overall learning aim of the course is: acquiring a high academic and intellectual level in applying the core doctrines of European fundamental rights law and the ability to reflect critically on the relationship between fundamental rights and a society characterized by diversity and pluralism. Attaining these aims enables you to address the fundamental rights dimension in other legal fields during the remainder of your study and in your future career. There are five specific learning aims. Upon finishing this course, students should be able to: 1. Read understand and analyse case law of the European Court of Human Rights) (ECtHR) andv the Court of Justice of the European Union) (CJEU); 2. Apply core doctrines of European Fundamental Rights law to a legal case 3. Present (both in writing and orally) convincing and clear legal arguments; 4. Read, understand and analyse legal texts in English, including case law, legislation and academic literature. 5. Reflect on the ethical dimension of fundamental rights law and questions relating to social and cultural diversity in this field, with an awareness of your own perspective as well as the perspective of others.

Course Content

Fundamental rights are one of the corner stones of democratic societies. As such, they are important for our daily lives and have a great impact on our national legal systems. Fundamental rights protection in Europe is provided through an interplay between three different legal orders: domestic (national) constitutional law, European Union (EU) law and the European Convention of Human Rights (ECHR). Fundamental rights protection in more than one legal order raises important questions as regards coherence and consistency of these rights, and the effect of European rights and principles in national legal orders. The Fundamental rights in Europe course builds on two courses from the first year of your Bachelor in Law, namely: Beginselen Staatsrecht and Beginselen Europees recht. Since fundamental rights are significant in every legal field, this course is key for understanding and recognizing the importance of human rights in other fields of law, such as administrative law or criminal law. Understanding the application of European human rights law and the interplay between national and European courts is elementary for your general legal education, even if you decide to practice only national law in your future career.

Teaching Methods

This course is taught in English and consists of weekly lectures and interactive tutorials. During the tutorials, students will be working (individually and in small groups) on reading judgments, solving concrete cases, and discussing key issues related to fundamental rights in Europe. In previous years an excursion to the Dutch Human Rights Institute has been part of the course.

Method of Assessment

The assessment consists of a written examination. The final exam may bepreceded by one or two partial assessments (deeltoetsen) taking placeduring the course. Since this is an English course and you will be familiar with the English terminology during the course, we strongly recommend that you answer the questions in English. Answering in Dutch is, however, allowed.

Literature

The literature and case law will be published on Canvas.

Target Audience

Apart from regular students, the course is also available for:
- Students from other universities/faculties
- Exchange students
- Contractors (students who pay for one course)

Additional Information

Upon successful completion of this course, you will gain the following knowledge and skills: 1. Knowledge and understanding: you will have thorough knowledge and understanding of European fundamental rights law, it’s sources, how it developed and its relation to national and social context, as well as English legal terminology. 2. Analytical skills: you will be able to read, analyse and reflect on case law on European fundamental rights law, as well as deduce general rules from it 3. Problem solving skills: you will be able to construct a legal solution for a legal case by applying the core doctrines of fundamental rights . 4. Communication skills: you will be able to take an underpinned position in a legal debate and communicate this both orally and in a written form by using English legal terminology. 5. Ethics and diversity: you will be able to discuss questions regarding ethics and diversity in case law andliterature on fundamental rights and to discuss these issues respectfully from the perspective of different stakeholders.

Entry Requirements

- Beginselen staatsrecht
- Beginselen Europees recht The entry requirements should be fulfilled before the registration deadline of the course