OVERVIEW

The course analyzes the protection of human rights in the European Union, with particular reference to the Charter of Fundamental Rights and the relationship with ECHR

AIMS AND CONTENT

LEARNING OUTCOMES

At the end of the course, students will acquire methodological tools and specific, advanced skills in the field of the protection of fundamental rights, specifically in the European Union, and will be able to understand and analyse current legal issues, as well as independently develop possible solutions to open questions.

AIMS AND LEARNING OUTCOMES

The course aims to provide students with adequate knowledge and understanding of the rules relating to fundamental rights in the European Union legal system. In this perspective, the course analyses:

- the sources of fundamental rights (Treaties, Charter of Fundamental Rights, general principles, common constitutional traditions) and the methods of coordination of the same with respect to the provisions of the legal system of the Member States and of the ECHR, for the identification of the discipline concretely applicable to the cases;

- the scope of application and the specific interpretative criteria applicable to the Charter of Fundamental Rights;

- the content and scope of the fundamental rights guaranteed by the Charter, in the light of the relevant case law of the Court of Justice

- the relationship between the principles of the Union legal system (autonomy, primacy and direct applicability) with respect to the Italian constitutional system, in the light of the relevant case law of the Court of Justice and the Constitutional Court.

Individual study, attendance and participation in the proposed training activities will allow the student to:

Identify the sources applicable to the cases and understand and apply the rules contained therein according to the methods specific to each area;
Understand and remember the main regulatory provisions that regulate them;
Understand the content and scope of the main fundamental rights provided for in the Charter;
Identify the solution to specific cases in light of the relevant rules and case law;
Critically evaluate the application and impact of the Charter on the internal legal system;
Read and critically examine, with independent judgment, regulatory texts of international origin, of the European Union and texts of judgments of the Court of Justice, the ECHR and the Italian Constitutional Court;
Express oneself in appropriate technical legal language.
Illustrate and explain clearly what has been learned.
Ability to communicate effectively in written and oral form
Use of various sources and aids
Ability to use, process and evaluate information
Argumentative ability
Awareness of one's preferred learning strategies, organization and evaluation of personal learning according to what has been understood and learned

Through attendance and active participation in the course, students will obtain the open badge:

- Ability to learn to learn - basic level

By completing the specific teaching activities for this purpose, students will be able to obtain the open badge:

- Functional literacy competence - advanced level

TEACHING METHODS

The course, held by Prof. Pierangelo Celle, consists of lectures, for a total of 36 hours (equal to 6 CFU), during which the main notions of the subject will be presented and analyzed, as well as practical cases and the related jurisprudence of the Court of Justice and other supranational and national Courts (teaching by cases and problems). The calendar with the topics of each lesson, with the indication of the pages of the text related to them, and any supplementary materials with respect to those available in the adopted text (judgments, articles of doctrine) are published on Aulaweb 

Particular attention is paid to the concrete and applicative dimension of the subject, with respect to which students are invited to interact during the lessons. 

At the end of the course, only attending students will be given the opportunity to prepare a written essay on a practical case, with illustration of the same in the classroom and related debate. 

In case of RED weather alert, the lesson will be held only on Teams.

Students with valid certifications for Specific Learning Disorders (SLDs), disabilities or other educational needs are invited to contact the teacher and the School's contact person for disability at the beginning of teaching to agree on possible teaching arrangements that, while respecting the teaching objectives, take into account individual learning patterns. Contacts of the teacher and the School's disability contact person can be found at the following link Comitato di Ateneo per l’inclusione delle studentesse e degli studenti con disabilità o con DSA | UniGe | Università di Genova

SYLLABUS/CONTENT

International Law and Human Rights - The European Convention on Human Rights and the relationship between the ECHR and the EU - European Union and Fundamental Rights - The Charter of Fundamental Rights of the European Union - ECHR and Italy

RECOMMENDED READING/BIBLIOGRAPHY

Attending students: Celle, The protection of fundamental rights of the European Union, Aracne Editrice, 2016, Chapters I, II, III, IV, V, XI, XII;plus ONE chapter chosen by the student among the remaining Chapters VI to X; additional readings and materials will be available on Aulaweb 
Non-Attending Students: Celle, Fundamental Rights of the European Union, Aracne Editrice, 2016, Chapters I, II, III, IV, V, XI, XII, plus TWO chapters chosen by the student among the remaining Chapters VI to X.

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

16th september 2024

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The exam is normally oral and is divided into three open questions that relate to topics that are representative of the entire course program. In particular, the student may be required to deepen the analysis of at least one practical case taken from the case law precedents illustrated in the text.

Only students who have participated in at least 2/3 of the lessons will be given the opportunity to take the exam in written and oral form which takes place in two phases: firstly, the student will have to write a written essay relating to a case practical, not already subject to analysis during the course, agreed with the teacher; the essay must then be illustrated orally by the student in a specific session held at the end of the course. Secondly, the student will have to answer a written test with closed questions relating to the topics specifically covered during the course.

Students with learning disorders ("Disturbi Specifici di Apprendimento", DSA) will be allowed to use specific modalities and supports that will be determined on a case-by-case basis in agreement with the delegate of the Committee for the Inclusion of Students with Disabilities.

ASSESSMENT METHODS

The exam aims to verify the students' actual knowledge and acquisition of the basic theoretical notions as well as their ability to identify and apply the reference standards to specific concrete cases. Through questions of a general theoretical nature and the proposal of cases and problems of a practical nature, it will be verified whether the student is able to:

identify and define legal concepts using appropriate technical language;
describe the content and scope of the rights guaranteed by the Charter and apply the main provisions of the Charter to specific cases;
understand and interpret, with a critical spirit, the main legislative texts, as well as the texts of some fundamental judgments of the Court of Justice and other supranational and constitutional courts;
apply the acquired knowledge to the analysis and solution of concrete cases
effectively illustrate and explain the concepts learned.

Students with a disability or SLD certification may request the use of compensatory measures (e.g. additional time, concept maps and diagrams, modifications in the written/oral mode) during the examination, following the procedure indicated in the guidelines (p. 5) published qui 

FURTHER INFORMATION

Further information, the lessons schedule and additional teaching material are on the Aulaweb page of the course. For other issues contact the teching staff.