Admission requirements
This course is only open to students of the Legal Track (LL.M.) of the LDE Master on the Governance of Migration and Diversity, sub-track to European law LL.M.
Description
This course provides students with a thorough understanding and knowledge of the legal framework governing non-discrimination law and policy in Europe. It will focus on instruments of public international law, international and European human rights law (including the ECHR) and EU non-discrimination law, as well on their interpretation by courts and their application in daily practice. It will look at the legal protection afforded to “the other” in European societies, whether these be non-citizens or groups characterised as minority by virtue of other distinguishing features, through non-discrimination law. The course will emphasize the importance of non-discrimination policies for integration and inclusion of immigrants (and other minorities) and will critically assess the role of the law in shaping the position and sense of belonging of non-citizens and other minorities.
Course objectives
The aim of this course is to provide students with knowledge and insight on the importance of the principles of equality and non-discrimination within the context of migration. Students will get familiarized with legal concepts relating to non-discrimination law, which they will be able to recognize in the required judgments. The students will be further able to observe differences in the legal protection offered to various grounds of discrimination under International and European law.
At the end of this course, students will be able to:
Identify important legal principles and structures in International and European non-discrimination law and apply them in casus to specific factual situations.
Understand the relevance and implications of these legal principles and structures for the governance of migration, as well for the protection of individuals. Students will be able to assess policies implemented by authorities in this regard.
Distinguish between unlawful discrimination and legitimate differential treatment and apply their knowledge to specific casus. Ability to recognize discrimination and differential treatment in daily life and have concrete knowledge of remedies and problem solving mechanisms in specific situations.
Understand the scope of legal protection offered to victims of discrimination and apply their knowledge in practice as well as understanding the limits of legal protection and policies tackling discrimination.
Timetable
Check MyTimetable.
Mode of instruction
Lectures
Number of (2 hour) lectures: 6
Names of lecturers: tbd
Required preparation by students: The lectures as well as the seminars in this course will be interactive and require that the students prepare the reading prescribed in the course book, prepare written answers to the questions asked (for the seminars) and take an active role during class.
Seminars
Number of (2 hour) seminars: 6
Names of instructors: tbd
Required preparation by students: The lectures as well as the seminars in this course will be interactive and require that the students prepare the reading prescribed in the course book, prepare written answers to the questions asked (for the seminars) and take an active role during class.
Assessment method
Examination form(s)
Written exam (70%): containing a mix of case-questions and essay questions.
Essay (30%): Students have to write a short case note concerning a case decided by the Court of Justice of the European Union or the European Court of Human Rights.
Students will need to pass both the written exam and the essay in order to pass the course. Depending on the number of students that need to retake the exam, the retake may take the form of an oral exam.
Submission procedures
to be announced on brightspace in advance
Areas to be tested within the exam
The examination syllabus consists of the required reading (literature) for the course, the course information guide and the
subjects taught in the lectures, the seminars and all other instructions which are part of the course.
Regulation retake passed exam
In this course it is possible to retake an exam that has been passed (cf. art. 4.1.8 and further of the Course and Examination Regulations). Students who have passed the exam may retake the final written assessment (test) of the course if they meet certain requirements. For more information, go to the website > ‘Law’ tab > ‘Retake a passed exam’.
Reading list
Obligatory course materials
Course materials include case law of international and national tribunals, legislation and other legal documents as well as academic literature. More information about the concrete course materials will be available online or in the Brightspace environment (links in course reader).
Registration
Registration for courses and exams takes place via MyStudymap. If you do not have access to MyStudymap (guest students), look here (under the Law-tab) for more information on the registration procedure in your situation.
Contact
Coordinator: Moritz Jesse
Work address: KOG, Steenschuur 25, 2311ES Leiden, The Netherlands
Contact information: KOG
Telephone number: +31 71 527 7232
Email: m.jesse@law.ledenuniv.nl
Institution/division
Institute: Public Law
Department: European Law
Room number secretary: B1.11
Opening hours: 09:00 - 17:00
Telephone number secretary: : +31 71 527 3596
Email: europeesrecht@law.leidenuniv.nl