Module: Human rights protection in the european legal space

Unit Human Rights Protection in the European Legal Space

Versione italiana

Course

Law

Study-unit Code

A001860

Location

PERUGIA

Curriculum

In all curricula

Teacher

Maria Cristina Carta

Teachers

Maria Cristina Carta

Hours

54 ore - Maria Cristina Carta

CFU

Course Regulation

Coorte 2021

Offered

2025/26

Learning activities

Affini o integrative d.m.270/04

Area

Attività formative in ambiti disciplinari affini o integrativi a quelli di base e caratterizzanti, anche con riguardo alle culture di contesto e alla formazione interdisciplinare

Sector

IUS/14

Type of study-unit

Opzionale (Optional)

Type of learning activities

Attività formativa monodisciplinare

Language of instruction

Italian

Contents

The course deals with the protection of human rights in the European Legal Space. Within the multi-level dimension of fundamental rights protection, the UN, the Council of Europe and the European Union systems will be analysed. In particular, it will examine the legal effects of the ECHR and the EU Charter of Fundamental Rights, 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, one of the following manuals:
- V. Zagrebelsky, R. Chenal, L. Tomasi, Manuale dei diritti fondamentali in Europa, il Mulino, Bologna, ult. ed;
- Malfatti E., I livelli di tutela dei diritti fondamentali nella dimensione europea, Giappichelli, ult. ed.
Students attending the course will be given alternative readings to the above texts.

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.

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 teaching. The course includes lectures and seminars also with external guests. The slides and in-depth materials will be uploaded by the Professor on the online platform Unistudium. Seminars and exercises are planned as part of the classroom lectures. Particular attention will be given to the case-law of the ECHR and the Court of Justice of the European Union.

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. Working students and Erasmus students are invited to contact the professors to better organize the study. For more information on support services for students with disabilities and/or DSA visit the website http://www.unipg.it/disabilita-e-dsa

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) General Part: - The protection of human rights in the international regional system and within the Council of Europe end EU: institutional profiles and case studies. - Definition and characteristics of fundamental rights; multi-level protection in the European legal area; protection of human rights from an internal perspective; - 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 legal effects of the ECHR in the Italian legal order and the enforcement of judgments requiring the adoption of measures of general scope; 2) The protection of fundamental rights in EU Law - Protection of fundamental rights and general principles; - Article 6 TUE; 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; - Responsibility of the European Union for human rights violations - Relationship between the EU and domestic levels of protection; - 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. - Relationship between the EU system and the ECHR system. Special Part: - contrast against gender violence; - AI Act of the EU.