EUROPEAN HUMAN RIGHTS LAW-JEAN MONNET

Specific Foundation / Core

Course Objectives: The students are encouraged and expected to: - to get to know the European dimension of human rights (based on the European Convention of Human Rights and th EU Charter of Rights) as well as their comparative perspective - discuss modern topics related to fundamental rights on European level. Students are expected: a) to have an energetic and substantial contribution not only to the seminars, but also to the discussions and debates that will be held. b) to orally present in the class and submit a written paper on a theoretical topic included in the course’s curriculum OR take part at the final written exams.

Syllabus 1st Course: Meeting the students presentation of scope and subject of the whole course 2nd Course: GENERAL INTRODUCTION IN THE PROTECTION OF HUMAN RIGHTS {Ι}. the notion: The content of the right, distinction from similar notions (freedom, value and principle). {ΙΙ}. Historical “trip” of the rights in the European territory (e.g. ancient Athens, Magna Charta, etc). The increased protection after World War II. {ΙΙΙ}. Categorization of the rights: civil, social, political (or according to others civil – political & social – economic), reference to the “new generation” rights. {IV}. Texts and Institutions of Protection: the Member-States especially through their national courts, the Council of Europe and European Union with their jurisdictional institutions. Fundamental Texts: the national Constitutions, the ECHR, the EU Charter of Fundamental Rights, as well as specific texts such as Oviedo Convention of Human Rights and Biomedicine. 3rd Course: THE EUROPEAN CONVENTION OF HUMAN RIGHTS {I}. its establishment in 1950 within the framework of the Council of Europe (reference to this regional international organization, distinction from the EU institutions). {ΙΙ}. Its basic purpose: the protection primarily of civil rights. An obvious influence by the national Constitutions, elliptical wording, relation with them. {ΙΙΙ}. The high efficiency of this text in comparison to other similar ones: a). the existence of a Court, b). the whole procedure before it, c). the individual application, the consequences of the trial for the parties and the States. 4th Course: LIMITATIONS OF RIGHTS AND MARGIN OF APPRECIATION IN THE ECHR {Ι}. The clause of “democratic society“ {ΙΙ}. The public interest (public health, case of emergency, public health, third people’s rights) {ΙΙΙ}. The prohibition of abuse of rights {IV}. the margin of appreciation of the Member-States {V}. Principle of proportionality 5th Course: THE HUMAN RIGHTS PROTECTION IN THE EU {Ι}. the blame towards EU for lack of democracy and lack in the protection of human rights. {ΙΙ}. The Charter of Fundamental Rights as an answer: its establishment with Nice Treaty as a non-legally binding text, its “upgrade” with Lisbon Treaty as primary EU Law. {ΙΙΙ}. Field of application {IV}. The principle of the most effective protection 6th Course: DIGNITY AND THE RIGHT TO LIFE [articles 2 & 3 – 4 ECHR, articles 1,2,3,4 & 5 EU Charter] {Ι}. The human dignity a). Prohibition of slavery, of forced labour, of torturing and generally of inhuman behaviour. b). the protection of genetic identity and the protection form biomedical applications. {ΙΙ}. The absolute protection of life a). Prohibition of death penalty b). A right (?) to death 7th Course: PRIVATE AND FAMILY LIFE, Part A’: [articles 8 ECHR, articles 7 & 8 EU Charter] {Ι}. Asylum of residence {ΙΙ}. Personal Data and confidentiality (cameras, internet – social networking, health data, confidentiality of communication) -Presentation by Spaniard Colleague, Ms ………… : “interplay between ECJ and ECHR in some interesting decisions in which the right to a private life (article 8 of ECHR) has been interpretated by the ECHR in relation with the application of EU Council Regulations by national courts” 8th Course: EQUITY AND PROHIBITION OF DISCRIMINATION [article 14 ECHR, articles 21 – 25 EU Charter] {Ι}. Equity before the law and prohibition of discrimination based on national, religious, political, social or other characteristics {ΙΙ}. Equity of men and women Career opportunities, remuneration, quotas {ΙΙΙ}. Rights of children and elderly 9th Course: PRIVATE AND FAMILY LIFE, Part B’: [articles 8§1 & 12 ECHR, articles 9 & 33 (secondarily) EU Charter] {Ι}. Right to marriage and to partnership (kinds of partnership, partnership pacts, homosexual couples, etc) {ΙΙ}. Reproductive Rights (single-parent families, use of medically supported reproduction) 10th Course: FREEDOM OF CONSCIENCE & EXPRESSION & RELIGIOUS FREEDOM [articles 9 & 10 ECHR, articles 10 & 11 EU Charter] {Ι}. Right of conscience, right to manifest one’s thoughts, to receive information, criticism, defamation specially of public people, freedom of press and prohibition of censorship {ΙΙ}. Religious freedom: religious conscience and worship (religious education, religious symbols at schools, conscientious objection) 11th Course: POLITICAL RIGHTS TO VOTE AND ELIGIBILITY [article 3 of the 1st Ad. Protocol ECHR & articles 39-40 EU Charter] {Ι}. the notion and the content of these rights {ΙΙ}. The necessary characteristics of each ballot (free-unadulterated, direct, total, secret) {ΙΙΙ}. The vote and eligibility of EU citizens to the local authorities’ elections {IV}. The vote and eligibility of EU citizens to the European Parliament elections (the importance especially after Lisbon Treaty and the upgraded role of the Parliament in the EU law-making procedure) -Students’ presentation about their national electoral systems mainly for the European Parliament elections 12th Course: POLITICAL RIGHTS PART II -Students’ presentation about their national electoral systems mainly for the European Parliament elections 13th Course: RIGHT TO A FAIR TRIAL [article 6 ECHR, articles 47, 48, 49, 50 EU Charter] {Ι}. The establishment of legal proceedings (remedies) {ΙΙ}. The reasonable duration of the trial {ΙΙΙ}. Equity between the parties of a trial (especially in view of the procedural privileges of the government) {IV}. Defendant’s presumption of innocence {V}. Right to legal assistance by an advocate, right to understanding the language of the procedure and the case documents

Human Rights, ECHR, Charter, Proportionality, margin of appreciation

21-07-2015