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 .

1) The pluralism of the legal order and the multilateralism of legal protection in the protection of human rights in Europe: ECHR, EU law, national law. The finding of the dialogue of judges, its dynamics and its results national case law 2) The relentless reality of fundamental rights conflicts - Examples from European and national case law. The trend towards a centralized, European control of human rights in Europe - The (future) EU accession to the ECHR as a catalyst for this trend and its added value for the national protection of human rights. 3) The relationship between national Constitution, ECHR and EU law. Compliance with the ECHR and EU law interpretation of the law and the Constitution-The use of the ECHR by the Greek judge: methodology. 4) ECHR and religious freedom-ECHR and association (collective autonomy) -Principle of proportionality WEU, ECHR and national courts-The principle of equal treatment regardless of ethnic or racial origin. 5) ECHR / Charter of Fundamental Rights EU and Civil. ECHR and protection of personality 1.Health and significant integrity (in particular: consent in medical procedures) 2. Name, Image, reputation 3. Privacy 4. Freedom of expression, of science and art. ECHR / Charter of Fundamental Rights EU and Civil. III. ECHR and family law 1. "Concept of family life" and its use in Greek law. 2. Issues of same-sex couples. 3. Issues of kinship and assisted reproduction 6) ECHR / EU Charter of Fundamental Rights and property claims. A. The concept of property. B. Protected persons. C. The principle of peaceful enjoyment of goods. ECHR / EU Charter of Fundamental Rights and property claims D. Deprivation of property 1. Concept, 2. Conditions of permissible deprivation, 3. The role of compensation in particular E. Restrictions on property rights 1. Concept, 2. Conditions of permissible restriction, 3. The role of compensation in particular F. Concluding remarks 7) ECHR / EU Charter of Fundamental Rights and Labor Law 1. Trade union freedoms as fundamental freedoms in European law and the principle of effective protection. 1.1. An example of implementation: Are the memorandum legislative measures in Greece within the scope of the Charter (Article 51)? 1.2. Conflict of trade union freedoms with business freedom and the principle of competitiveness in conditions of asymmetric globalization and economic crisis. ECHR / EU Charter of Fundamental Rights and Labor Law. 2. Derivative Union law for the protection and protection of workers.2.1. Protection: Directive 70/1999 on the prohibition of abuse of fixed-term contracts and equivalent national (Greek) measures, Directive 98/59 on collective redundancies and Directive 2001/23 on the protection of workers' rights in the event of of transfers of companies-The ex lego group redundancies during the transfer of the companies of the group of Olympiaki and E.R.T. SA-The memorandum measure of increasing the limits of collective redundancies in 2014-Analysis of the relevant case law of the Plenary Session of the Supreme Court. 2.2.Deprotection: precarious labor relations in EU secondary law (including: employee lending, freedom to provide services). 8) Critical aspects of the right to a fair trial under art. 6 ECHR and civil litigation based on the case law of the ECHR - Assessment of basic regulations of the ECHR in the light of art. 6 ECHR-Impact of the case law of the ECHR in Greek case law. 9) In particular, the problem of the definition of the appeal according to the jurisprudence of the CA and the issue of the compatibility of the positions of the CA with Article 6 of the ECHR based on the case law of the ECtHR. 10) ECHR / Charter of Fundamental Rights EU and criminal law-Contact points of the ECHR and the Charter of Fundamental Rights of the EU with criminal law-General features of the case law of the ECHR and the WEU on criminal matters.-ECHR / Charter of fundamental rights * Police violence and insults against life. * Alternative detention measures (conditional dismissal) and risk of life of third parties from the dismissed.-ECHR / Charter of Fundamental Rights EU and criminal law-ECHR / Charter EU and torture. 11) ΕΣΔΑ / Map Θ.Δ. EU and insults to human dignity. ΕΣΔΑ / Map Θ.Δ. EU property protection and confiscation. ECHR / EU Charter of Fundamental Rights and criminal proceedings - Discrimination and deprivation of liberty (extradition to detention centers, arrest of convicts) - ECHR / Charter of Deprivation of liberty: Case study: detention after conviction, detention in criminal proceedings, criminal proceedings detention of aliens for deportation. Security rights deprivation of liberty. 12) ECHR / Charter and principle of a fair trial (content, scope) Reasonable length of trial. The criteria -The Greek problem- The pilot decisions-The recent confrontation of the problem-Illegal evidence-Special investigative acts (police penetration) Right of silence-Principle of non-self-incrimination (DNA analysis). ECHR / EU Charter of Fundamental Rights and criminal proceedings. ECHR / EU Charter of Fundamental Rights and presumption of innocence -protection of the personality of the accused-Rights of the accused and in particular the right to an effective defense. ECHR / EU Charter of Fundamental Rights and criminal proceedings - Right of witnesses to testify - ECHR (7th Protocol) and remedies.

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

18-04-2021