Postgraduate Course: EU Fundamental Rights Law (LAWS11323)
Course Outline
| School | School of Law |
College | College of Humanities and Social Science |
| Course type | Standard |
Availability | Not available to visiting students |
| Credit level (Normal year taken) | SCQF Level 11 (Postgraduate) |
Credits | 20 |
| Home subject area | Law |
Other subject area | None |
| Course website |
None |
Taught in Gaelic? | No |
| Course description | This course covers the law of fundamental rights in the European Union. The course is divided up into three parts: the first introductory part aims at familiarizing students with the development of fundamental rights law in the European Union; the second part addresses the internal dimension of EU fundamental rights and will have a focus on the EU Charter of Fundamental Rights, which only entered into force in December 2009. We will have a look at various doctrinal questions, e.g. surrounding the applicability of the Charter in the Member States and in private law relationships as well as the limits to the rights guaranteed in the Charter and the difference between rights and principles. Furthermore, we will look at the substantive content of the rights mainly on the basis of the case law of the CJEU. This part of the course will also grapple with the problem of enforcement of fundamental rights, in particular the issue of systemic shortcomings in the Member States, such as in the case of Hungary. The third part addresses the external dimension, which is the relationship between the EU and the European Convention on Human Rights. It will address the clash between fundamental rights and UN Security Council Resolutions, the responsibility of EU Member States before the European Court of Human Rights and the imminent accession of the EU to the ECHR and its impact on both the EU and the ECHR systems. |
Entry Requirements (not applicable to Visiting Students)
| Pre-requisites |
|
Co-requisites | |
| Prohibited Combinations | |
Other requirements | None |
| Additional Costs | None |
Course Delivery Information
|
| Delivery period: 2013/14 Semester 2, Not available to visiting students (SS1)
|
Learn enabled: No |
Quota: None |
Web Timetable |
Web Timetable |
| Course Start Date |
13/01/2014 |
| Breakdown of Learning and Teaching activities (Further Info) |
Total Hours:
200
(
Seminar/Tutorial Hours 20,
Programme Level Learning and Teaching Hours 4,
Directed Learning and Independent Learning Hours
176 )
|
| Additional Notes |
|
| Breakdown of Assessment Methods (Further Info) |
Written Exam
0 %,
Coursework
100 %,
Practical Exam
0 %
|
| No Exam Information |
Learning Outcomes
On completion of this course, the student will be able to:
1. By the end of the course, the students should:
1. Have a deep understanding of the legal issues surrounding the entry into force of the EU charter of Fundamental Rights
2. Appreciate the impact the Charter has on the legal orders of the Member States;
3. Comprehend the complexities of the EU/ECHR relationship; and
4. To be able to engage in debate as to the proper distribution of supervisory responsibility for fundamental rights in Europe and its future development |
Assessment Information
| one essay, 5000 words |
Special Arrangements
| None |
Additional Information
| Academic description |
Not entered |
| Syllabus |
1. Introductory Session
2. Genesis of EU Fundamental Rights Law: General Principles
3. The Charter of Fundamental Rights I: Structure
4. The Charter of Fundamental Rights II: Rights
5. Impact of the Charter in the Member States
6. Enforcing EU Fundamental Rights
7. Fundamental Rights v. International Obligations
8. The EU and the ECHR I: pre-Accession
9. The EU and the ECHR II: post-Accession
10. Overview and Core Themes: the EU as a Human Rights Organization?
|
| Transferable skills |
Not entered |
| Reading list |
Not entered |
| Study Abroad |
Not entered |
| Study Pattern |
Not entered |
| Keywords | EU; fundamendal rights, ECHR, Charter |
Contacts
| Course organiser | |
Course secretary | Mr Douglas Thompson
Tel: (0131 6)50 2022
Email: D.Thompson@ed.ac.uk |
|
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|
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