Unit PROTECTION OF HUMAN RIGHTS IN SPACE EUROPEAN LAW

Course
European legal integration and human rights
Study-unit Code
A000274
Location
PERUGIA
Curriculum
In all curricula
Teacher
Simone Vezzani
Teachers
  • Simone Vezzani
  • Maria Cristina Carta (Codocenza)
Hours
  • 26 ore - Simone Vezzani
  • 10 ore (Codocenza) - Maria Cristina Carta
CFU
9
Course Regulation
Coorte 2024
Offered
2024/25
Type of study-unit
Obbligatorio (Required)
Type of learning activities
Attività formativa monodisciplinare
Language of instruction
Italian
Contents
The course deals with the protection of human rights within the Council of Europe and the European Union. In particular, it will examine the legal effects of the ECHR, the EU Charter of Fundamental Rights and the European Social Charter, with a special focus on monitoring, adjudicatory and enforcement mechanisms. The theoretical study will be accompanied by continuous references to case studies.
Reference texts
For non attending students:

V. Zagrebelsky, R. Chenal, L. Tomasi, Manuale dei diritti fondamentali in Europa, il Mulino, Bologna, ult. ed. chapters I-VII, IX and XX-XXIV.
Educational objectives
The course aims to provide students with advanced knowledge of human rights protection in international and EU law, by also focusing on the legal effects produced in the Italian legal order by international and EU HR instruments.

Special attention is paid to the new challenges posed by the economic crisis in Europe, to the human rights of refugees and migrants, and new generation rights.
Prerequisites
For a better understanding of the topics, it is necessary to have an adequate EU and international law background. Some introductory lessons of EU law will be given to the benefit of those students who have never studied EU law.
Teaching methods
Face-to-face and online teaching.
Other information
Attending students, if so desire, can make a speech or write a report which will be taken into account for the purposes of the final evaluation.
Learning verification modality
The exam consists in an oral test, i.e. an interview about the topics included in the programme (lasting approximately 15 minutes), aiming to ascertain the knowledge level and the understanding capability acquired by the student on the topics included in the programme.
Extended program
1) The protection of human rights within the Council of Europe: institutional profiles and case studies

- The European Convention on Human Rights (ECHR) and its Protocols;
- Mechanisms for monitoring compliance by States with the obligations laid down in the ECHR;
- Ratione personae, ratione loci and ratione temporis jurisdiction of the European Court;
- Interstate and individual applications;
- Admissibility conditions;
- Just satisfaction and other individual measures;
- Pilot -judgments procedure;
- The enforcement of judgments and the role of the Committee of Ministers;
- The rights enshrined in the Convention;
- The principle of non-refoulement in the case law of the ECtHR;
- Derogation in time of emergency;
- The legal effects of the ECHR in the Italian legal order and the enforcement of judgments requiring the adoption of measures of general scope;
- The European Social Charter: facing the challenge of the economic crisis in Europe;

2) The protection of fundamental rights in EU Law

- Protection of fundamental rights and general principles;
- Article 7 TEU;
- The Charter of Fundamental Rights (CFR) before and after Lisbon;
- Scope of application of the CFR (purely internal situations and reverse discrimination);
- Distinction between rights and principles;
- "Drittwirkung" of the CFR;
- Relationship between the EU and domestic levels of protection;
-contrast against gender violence; Data protection and Artificial Intelligence Act;
- Relationship between the EU system and the ECHR system.

3)Responsibility of the European Union for human rights violations - Allocation of international responsibility between the EU and Member States for Human Rights violations: some case studies;
- Non-contractual liability of the Union for breaches of the CFR;
- The draft Agreement for the accession of the EU to the ECHR;
- Opinion 2/13;
- Future prospects for the accession of the EU to the ECHR.

PROTECTION OF HUMAN RIGHTS IN SPACE EUROPEAN LAW

Code A000274
Location PERUGIA
CFU 3
Teacher Simone Vezzani
Learning activities Caratterizzante
Area Giuridico
Academic discipline IUS/14
Type of study-unit Obbligatorio (Required)

PROTECTION OF HUMAN RIGHTS IN SPACE EUROPEAN LAW

Code A000274
Location PERUGIA
CFU 6
Teacher Simone Vezzani
Learning activities Caratterizzante
Area Giuridico
Academic discipline IUS/14
Type of study-unit Obbligatorio (Required)
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