Course Catalog

The European Union (EU) possesses strong regulatory powers, the use of which, directly or indirectly, affects private subjects within the EU Member States. Nevertheless, not until the late 1960’s did the European Court of Justice (CJEU) acknowledge fundamental rights to be general principles of the then European Economic Community (EEC) law. And not until 2009 did a Charter of Fundamental Rights enter into force, which ranks equal to the Treaty on European Union and the Treaty on the Functioning of the European Union. The course aims to give an introduction to the sources and standards of human rights protection within the EU legal framework. Through the analysis of EU hard and soft law instruments, CJEU and member states’ case law, and doctrinal contributions the course will analyze the EU fundamental rights system in both its legal and political dimensions. The course structure is threefold: the first part aims to introduce students to the genesis of fundamental rights law within the ECC/EU system, focusing on the role played by the CJEU, also in its dialogue with national courts; the second part addresses the internal dimension of the EU fundamental rights and focuses in particular on the origins, structure and impact of the EU Charter of Fundamental Rights. The third part addresses the external dimension of the EU human rights system, in both its European and sticto sensu international dimensions. With regard to the first aspect particular attention is paid to the Council of Europe’s human rights system and to the European Convention on Human Rights (ECHR), (e.g. also considering the imminent accession of the EU to the ECHR and its impact on both the EU and the ECHR systems). With regard to second aspect, the relationship between the EU fundamental rights and the International (e.g. UN) system is analyzed, particular consideration is finally given to the emerging role of the EU as a global promoter of democracy and human rights and to its possible paradoxical outcomes.