Postgraduate Course: EU Fundamental Rights Law (LAWS11323)
|School||School of Law
||College||College of Humanities and Social Science
|Credit level (Normal year taken)||SCQF Level 11 (Postgraduate)
||Availability||Not available to visiting students
|Summary||The course is aimed at providing the students with a detailed insight into a number of thorny issues in EU Fundamental Rights Law. The results of the Brexit referendum have only increased the importance of understanding the centrepieces of Union law. Starting with the basic tenets of the historical background and the EU fundamental rights institutional framework, the course will address the main principles governing: the relationship between EU and national law; the role of the Union as an actor involved in fundamental rights protection; the controversial interplay between the EU and the ECHR system. The students will familiarise deeply with the controversial interaction between fundamental rights and fundamental freedoms. Furthermore, the student will gain knowledge of 'burning topics', such as fundamental rights and the Internet.
This course covers the law of fundamental rights in the European Union. After a first introductory part - aims at familiarizing students with the development of fundamental rights law in the European Union - the course will address the internal dimension of EU fundamental rights and will have a focus on the EU Charter of Fundamental Rights. Students will be exposed to doctrinal questions, as well as at the discussion on the substantive content of the rights mainly on the basis of the case law of the CJEU. At this stage, students will also grapple with the problem of enforcement of fundamental rights, and in particular the issue of systemic shortcomings in the Member States. Finally, the course will address the external dimension: 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 relationship between the EU and the ECHR systems.
The course content will cover, inter alia:
- Horizontal effect of the Charter and right v principles;
- EU Fundamental Rights and EU Criminal Law;
- The Internet and EU Fundamental rights;
- EU Fundamental Rights v Fundamental Freedoms;
- Multi-level protection of fundamental rights;
- National rights v EU rights;
- Enforcing Fundamental Rights in the EU;
- The relationship between the EU and the ECHR.
The course will be taught in ten seminars addressing the issues referred to above. The course will be based on a high level of interaction, fostered by the implementation of class participation. Students will gain an insight into the tenets of EU Fundamental Rights Law. The course is aimed at providing the students with deep knowledge of the centerpieces of EU Fundamental Rights Law, which will be acquired through the improvement of their analytical, synthesis and problems solving skills. Furthermore, their oral and presentation abilities will be tested. In order to assess the achievement of these goals, students will write a long abstract/outline of 1000 words, followed by a presentation at a class workshop organized in collaboration with the Europa Institute.
Entry Requirements (not applicable to Visiting Students)
||Other requirements|| An understanding of EU law, in particular, of the principles of primacy and direct effect and the basic workings of the Court of Justice.
Course Delivery Information
|Academic year 2017/18, Not available to visiting students (SS1)
|Learning and Teaching activities (Further Info)
Seminar/Tutorial Hours 20,
Programme Level Learning and Teaching Hours 4,
Directed Learning and Independent Learning Hours
|Assessment (Further Info)
|Additional Information (Assessment)
||The assessment of the students will be based on three different sources:
* Class Participation (worth 10%)
* Long abstract/Outline (max 1000 words, worth 25%)
* Presentation at the class workshop at the end of the semester (worth 65%)
The combination of these different methods of evaluation will allow the course organiser to assess the students through a broad spectrum of skills. Class participation will serve the purposes of evaluating students in their seminar-by-seminar commitment to the course, as well as their reasoning skills. In the outline, the student will write a short piece of research, and therein their synthesis capacities will be assessed. The presentation at the class workshop on EU Fundamental Rights, organised in collaboration with the Europa Institute, will allow an assessment of students¿ oral and presentation skills.
A formative essay is to be submitted around reading week. As a training for their final assessment, students will answer a research question - laid down in the handbook ¿ through either: 1- an abstract (max 300 words); or, a power point presentation (max 5 slides)
||The feedback will be based on student¿s capacity for analysis and synthesis, as well as their skills in original thinking and problem solving. Four kinds of feedback will be provided over the course:
* Constant feedback in classroom discussion. Furthermore, before reading week the CO will meet the students individually and discuss their level of class participation. This will be a further opportunity to highlight strengths and weaknesses of students' performance, allowing them pursue an effective strategy for improvement.
* Feedback on the formative assessment. Since the formative assessment will be conceived as a 'rehearsal' for the final exam, feedback on this will be particularly helpful to the students.
* Feedback on the outline. Students will be confronted with the writing of an outline of the presentation they will give in the EU Fundamental Right Law workshop at the end of the semester. This form of ideas dissemination is increasingly relevant in EU law, so that feedback will help students familiarise with this form of activity.
* Feedback on the presentation at the workshop. Through this feedback, students will be given suggestions as to how improving their presentation and oral skills.
|No Exam Information
On completion of this course, the student will be able to:
- Demonstrate and/or work with knowledge and understanding of the ways in which EU Fundamental Rights Law is developing.
- Apply knowledge, skills and understanding in using a wide range of the principal materials associated with EU Fundamental Rights Law.
- Offer insights, interpretations and solutions to problems and issues related to EU Fundamental Rights Law.
- Use a wide range of routine skills (bibliographical research) and some advanced and specialised skills in support of established practices in EU Fundamental Rights Law.
- Manage resources within defined areas of EU Fundamental Rights Law.
|Reading lists will be prepared each year, depending on the specific topics discussed in class. |
Recommended textbooks for additional or background reading are: Craig and De Búrca, EU Law: Text, Cases and Materials (OUP, 6th edition, 2015); Chalmers et al, European Union Law: Text and Materials (CUP, 3rd edition, 2014; also available online via www.lib.ed.ac.uk)
|Graduate Attributes and Skills
* Use a range of approaches to address defined and/or routine problems and issues within EU Fundamental Rights Law.
* Undertake critical analysis, evaluation and/or synthesis of ideas, concepts, information and issues that are within the common understandings fundamental rights law.
* Present and evaluate arguments, information and ideas that are routine to fundamental rights law.
Communication, numeracy and IT skills:
* Use a wide range of routine skills, such as:
* Convey complex ideas in well-structured and coherent form.
* Communicate, using appropriate methods, with peers and staff members.
* Present or convey information EU Fundamental Rights Law to staff members and peers.
* Undertake critical evaluations of a wide range of sources associated with EU Fundamental Rights Law.
Autonomy, accountability and working with others.
* Use of a wide range of routine skills and a significant range of advanced and specialised skills, in particular:
* Exercise autonomy and initiative in research activities.
* Practise in ways that show awareness of own and others¿ roles, responsibilities and contributions.
* Take responsibility for a range of resources.
* Work in a peer relationship with other students.
* Demonstrate initiative and make a contribution to change and development and/or new thinking.
|Keywords||Fundamental Rights; European Court of Human Rights; Court of Justice of the European Union; Charter
|Course organiser||Dr Leandro Mancano
Tel: (0131 6)50 2050
|Course secretary||Mr David Morris
Tel: (0131 6)50 2010