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B027724 - COURTS AND FUNDAMENTAL RIGHTS IN EUROPE: PROTECTION AND ENFORCEMENT PATHS
Main information
Teaching Language
Course Content
Suggested readings
Learning Objectives
Prerequisites
Teaching Methods
Further information
Type of Assessment
Course program
Academic Year 2023-24
Coorte 2019 - 5-years Single Cycle Degree in LAW
Course year
Fifth year - Second Semester
Belonging Department
Legal Sciences (DSG)
Course Type
Single education field course
Scientific Area
IUS/21 - COMPARATIVE PUBLIC LAW
Credits
6
Teaching Hours
48
Teaching Term
26/02/2024 ⇒ 31/05/2024
Attendance required
No
Type of Evaluation
Final Grade
Course Content
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Course program
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Lectureship
Mutuality
Course teached as:
B027116 - CORTI E DIRITTI IN EUROPA: PERCORSI DI TUTELA
Second Cycle Degree in INTERNATIONAL RELATIONS AND EUROPEAN STUDIES
B027116 - CORTI E DIRITTI IN EUROPA: PERCORSI DI TUTELA
Second Cycle Degree in INTERNATIONAL RELATIONS AND EUROPEAN STUDIES
Teaching Language
ITALIAN
Course Content
The course discusses the protection of fundamental rights through national constitutional courts and the EU Court of Justice and the European Court of Human Rights, in a comparative perspective. The course combines the theoretical approach and the case-study analysis, based on the Courts’ decisions on the most controversial topics in contemporary societies
Suggested readings (Search our library's catalogue)
IF YOU ATTEND THE COURSE
- Your notes;
- Case-laws and special readings uploaded on Moodle.
IF YOU DO NOT ATTEND THE COURSE
- Constitutions’ texts
- G. Cerrina Feroni, Chapter "Giustizia costituzionale", in G. Morbidelli, M. Volpi, G. Cerrina Feroni, Diritto Costituzionale comparato, Giappichelli, Torino, 2020.
- E. Malfatti, I "livelli" di tutela dei diritti fondamentali nella dimensione europea, Giappichelli, Torino, 2018.
- Your notes;
- Case-laws and special readings uploaded on Moodle.
IF YOU DO NOT ATTEND THE COURSE
- Constitutions’ texts
- G. Cerrina Feroni, Chapter "Giustizia costituzionale", in G. Morbidelli, M. Volpi, G. Cerrina Feroni, Diritto Costituzionale comparato, Giappichelli, Torino, 2020.
- E. Malfatti, I "livelli" di tutela dei diritti fondamentali nella dimensione europea, Giappichelli, Torino, 2018.
Learning Objectives
The course is designed to provide students with an advanced understanding of the concept of multilevel protection of rights through the study of constitutional justice models in their historical perspective and in their current functioning.
The course adopts a comparative approach and focuses on the study of case-law of both national constitutional courts and supranational ones (Court of Justice of the EU and European Court of Human Rights).
Students will be actively involved with papers and presentations.
At the end of the course, the student will have acquired the capacity to:
- search for sources, case-law and scholarship at a comparative level;
- discuss the protection of fundamental rights in Europe;
- critically understand the jurisprudence of the Constitutional Courts, of the Court of Justice of the EU and of the European Courts on Human Rights
The course adopts a comparative approach and focuses on the study of case-law of both national constitutional courts and supranational ones (Court of Justice of the EU and European Court of Human Rights).
Students will be actively involved with papers and presentations.
At the end of the course, the student will have acquired the capacity to:
- search for sources, case-law and scholarship at a comparative level;
- discuss the protection of fundamental rights in Europe;
- critically understand the jurisprudence of the Constitutional Courts, of the Court of Justice of the EU and of the European Courts on Human Rights
Prerequisites
No prerequisites.
Teaching Methods
Teaching Methods
A) Lectures;
B) Seminars;
C) Students’ workshops.
A) Lectures;
B) Seminars;
C) Students’ workshops.
Further information
Course attendance is strongly recommended. Students’ active participation in both lectures and seminars is welcomed and encouraged.
Type of Assessment
IF YOU ATTEND THE CLASSES
The final assessment will be based on:
(i) intermediate written test; (ii) active participation in the lesson; (iii) oral presentation of a case-study.
The topic and the structure of both paper and presentation will be illustrated by the teacher (starting from a case, students will demonstrate the capacity to expand the bibliography and critically analyse the case-law, through the comparative method)
The intermediate written test will consist of two/three questions and will cover the topics explained in class. The main evaluation parameters will be: (i) capacity to structure the legal discourse and to reason critically; (ii) quality of presentation, also with reference to the correct use of legal language; (iii) ability to connect the different topics.
IF YOU DO NOT ATTEND THE CLASSES:
ORAL exam.
The final assessment will be based on:
(i) intermediate written test; (ii) active participation in the lesson; (iii) oral presentation of a case-study.
The topic and the structure of both paper and presentation will be illustrated by the teacher (starting from a case, students will demonstrate the capacity to expand the bibliography and critically analyse the case-law, through the comparative method)
The intermediate written test will consist of two/three questions and will cover the topics explained in class. The main evaluation parameters will be: (i) capacity to structure the legal discourse and to reason critically; (ii) quality of presentation, also with reference to the correct use of legal language; (iii) ability to connect the different topics.
IF YOU DO NOT ATTEND THE CLASSES:
ORAL exam.
Course program
The course discusses: the polysemous notions of "law" and "rights"; constitutionalism; the different configuration of the mechanisms of limitation of power; origin and models of constitutional justice, with a specific focus on the Italian Constitutional Court; main types of decision of the Italian Constitutional Court and of other courts in consolidated democracies; multilevel protection of rights and "dialogue" between the Courts (mainly the Italian Constitutional Court, the European Court of Justice and the European Court of Human Rights).