THE ECHR AND THE CHARTER OF FUNDAMENTAL RIGHTS IN THE GREEK LEGAL ORDER

Specific Foundation / Core

Learning Results The aim of the course is to familiarize students with the interpretation and application of the ECHR and CFR, to sharpen their ability to distinguish the sources of law (international and national) in solving practical issues raised by litigation practice. Upon successful completion of this course, the students will be able to: - present and analyze the fundamental rights in international / regional legal protection systems (ECHR and the EU CFR) using jurisprudential examples as well. - delimit the relations developed between the national Constitution, the ECHR and EU law and the interpretative approach that are adopted by both the academics and the national jurisprudence in order to ensure the harmonious coexistence of three distinct levels of legal protection. - analyze and understand examples of case-law in the fields of public law, civil law, labor law, civil procedure and criminal law, where the application of the ECHR and the CFR is found and influences of these rules in the interpretation of national rules are detected .

Course’ s Content Coordinator: M. Kaiafa Gbandi I. Seminar is available in the 6th semester II. Division into 14 weeks: Curriculum and tutors 1st week (4 hours) (P. Stagkos): Introduction to ensuring of fundamental rights in Europe - I• The pluralism of legal systems and the diversity of legal remedies to protect human rights in Europe - European Convention of human rights, EU law, national law. • Methods, dynamics and results of the dialogue of judges at the European level - Examples from European and national law. 2nd week (4 hours) (P. Stagkos): Introduction to ensuring of fundamental rights in Europe - II• The inexorable reality of the conflicts between fundamental rights - Examples from the European and national case law. • Trends towards a centralized monitoring of the safeguarding of human rights in Europe - The future of the EU accession to the ECHR after the Opinion 2/2013 of the European Court of Justice. 3rd week: Public Law (Panayotis Mantzoufas – Lina Papadopoulou) Methodological issues: The relationship between national Constitution, European Convention of Human Rights and European Union Law – Interpreting the Greek law and Constitution in accordance with the ECHR and EU law – Principle of proportionality: CJEU, ECtHR, and national Courts Substantive issues I: ECHR and religious freedom - ECHR and collective autonomy 4th week: Public Law (Panayotis Mantzoufas – Lina Papadopoulou), Substantive issues II: ECHR and the right to property, ECHR, CJEU and right to personality, Professional liberty and right to free establishment – recognition of professional qualifications acquired in another EU Member State - Principle of non-discrimination based on race, nationality etc -ECHR and private and family life (civil unions etc) 5th week: ECHR/ EU Charter of Fundamental Rights and Civil Law: (Κ.Fountedaki) Ι. ECHR and protection of personality 1. Health and body integrity (especially: consent to medical interventions) 2. Name, image, reputation 3. Private life 4. Freedom of expression, of science and of art II. ECHR and Family Law 1. The notion of “Family Life” and it’s implementation in greek law 2. Same-sex couples 3. Issues of kinship and medically assisted procreation. 6th week: ECHR / EU Charter of Fundamental Rights (A. Valtoudis) A. The meaning of the property, B. Protected persons, C. The principle of the peaceful use of goods, D. The deprivation of the property 1. The meaning 2. The prerequisites of a permissible deprivation 3. The role of the compensation in particular, E. The restrictions of the monetary rights 1. The meaning, 2. The prerequisites of a permissible restriction 3. The role of the compensation in particular ST. Conclusive remarks 7th week: ECHR / EU Charter of Fundamental Rights and Labor Law (A. Kazakos) 8th week: Civil Procedure in the light of Art. 6 of the European Convention on Human Rights and Fundamental Freedoms and Art. 47 of the EU Charter of Fundamental Rights (E. Podimata): 1. The possibility of provisional relief on each and every claim under the condition of an urgent need or in order to evade an imminent danger as an aspect of the right of effective access to court - 2. Unfair Jurisdiction Clauses reflecting the enterpriser’s powerful position and hindrance of the consumer’s effective access to justice - 3. Unfair Arbitration Clauses impairing the right to the judge prescribed by law - 4. Third persons’ exceptional standing to sue and hindrance of the proper party’s access to court - 5. The principle «Audiatur et altera pars » as a constituent of the right to a fair trial - 6. Equality of arms as an aspect of the right to a fair trial - 7. The parties’ right to produce means of proof as an aspect of the right to a fair trial - 8. Adequate reasoning of the judgment as a component of the right to a fair trial - 9. Admissibility requirements for Cassation and problems of compatibility with Art. 6 ECHR - 10. The binding effect of judgments (res judicata) as a component of the right to a fair trial - 11. The right of the victorious claimant to resort to enforcement proceedings as a requirement for effective access to court. 9th week: ECHR / EU Charter of Fundamental Rights and criminal law (M. Kaiafa – Gbandi – A. Papadamakis) - Contact points of the ECHR and the EU Charter of Fundamental Rights with the criminal law - General characteristics of the jurisprudence of the ECtHR and the ECJ in criminal cases - ECHR / EU Charter of Fundamental Rights and life protection • Police violence and attacks against life • Alternative detention measures (conditional release) and risk of life for third parties by the dismissed person 10th week: ECHR / EU Charter of Fundamental Rights (M. Kaiafa – Gbandi – A. Papadamakis) ECHR / EU Charter of Fundamental Rights and torture - ECHR / EU Charter of Fundamental Rights and attacks upon honor and human dignity- ECHR / EU Charter of Fundamental Rights and n.c.n.p.s.l. principle- ECHR / EU Charter of Fundamental Rights and protection of property and confiscation 11th week ECHR / EU Charter of Fundamental Rights and criminal trial (M. Kaiafa – Gbandi - A. Papadamakis) – Discrimination of deprivation and limitation of freedom (arrests in police stations, arrest of convicted persons) – ECHR / EU Charter of Fundamental Rights and deprivation of liberty: case load: detention after conviction, detention in criminal proceedings, detention of mental patients, foreigners’ detention before deportation. Ensuring rights during the deprivation of freedom - ECHR / EU Charter of Fundamental Rights and the principle of fair trial (content, scope) Reasonable duration of the trial. Criteria. The Greek problem. The pilot’s decisions. Recent tackling. Illegal evidence. Special investigative acts (police penetration). The right of silence. Principle against self-incrimination (DNA analysis). 12th week: ECHR / EU Charter of Fundamental Rights and criminal law (M. Kaiafa – Gbandi – A. Papadamakis) - ECHR / EU Charter of Fundamental Rights and presumption of – protection of accused’ s personality – Accused rights and in particular the right to an effective defense – The right of witnesses examination -ECHR (7th Protocol) and remedies. 13th week: Synthesis (all the tutors) 1. The relation between national Constitution, the ECHR and EU law – Interpretation of the law and the Constitution in accordance with the ECHR and the EU law 2. Articles 6 ECHR and 47 Charter and reasonable duration of trial 3. Detailed reasoning of judgments and Article 6 ECHR 4. Vague pleadings in civil proceedings and Article 6 of the ECHR 14th week: Synthesis (all the tutors) 5. The proportionality of fundamental rights’ restrictions as a criterion for their compatibility with the ECHR in the case of ECtHR 6. Precedent substantial and precedent "interpretative" of ECtHR decisions (in comparison with "binding" of: a) Supreme Courts’ decisions i) towards the judged case and ii) beyond it as to the unresolved legal issues; b) the decisions of ECJ i) towards the judged case and ii) beyond the legal systems of the EU Member States). 7. The compliance of the management to the judicial decisions after conviction of the ECHR, as an expression of the principle of legality and the rule of law - 3068/2002 law and the difficult application in practice. Tour Curriculum • Lectures: 52 HOURS Student Assessment Methods of Student Assessment • Written examination through questions that require short answers (Conclusive: The conclusive evaluation (for scoring) refers to the assessment of learning and expresses students’ development in the context of the course.) • Written examination through questions that require expanded response (Conclusive: The conclusive evaluation (for scoring) refers to the assessment of learning and expresses students’ development in the context of the course.) Bibliography Course’ s Bibliography (Eudoxus) --- (there will be a course folder) Additional bibliography for study Alivizatos, The public utility in expropriation, Opinion, EDDD 1993, 5, Vasilakakis, The jurisprudential evolution of property’s protection under Article 1 of the First Protocol to the European Convention on Human Rights, ChrID 2002, 201, Dagtoglou, Civil Rights, 4th ed., Vol. II, 2012, pp. 1342, Karakostas B., S. 17 - Property and protection of precedence, D. 2005, 547, Fountedaki, Unions between persons of the same sex: their timeless confrontation by Greek law, a legislative proposal and its implications, Honorary Volume E. Kounougeri-Manoledaki (2015) Roukounas, International Protection of Human Rights, 1995, p. 337, Satlanis, The protection of property rights -based primarily on the case law of the ECtHR, Armenopoulos, 2007, 1877, Sicilianos LA (Editing), European Convention on Human Rights, Interpretation in Article (2013), Stangos, Judicial protection of fundamental rights in community legal order, 2004, pp. 75, Stangos, Implementation of European Law of Human Rights on contractual claims for social benefits. Remarks because of decisions 3, 4 and 5/2007 of Supreme Special Court for "ceiling" in the lump sum payment of bank employees, EDKA 2008, 617, Fountedaki., Natural person and personality in Civil Code (2012) Latest Update 26/09/2014

Fundamental Rights, EU Charter of Fundamental Rights, the European Convention on Human Rights

10-07-2015