Admission requirements
Admission to the Masters programme (European Law specialisation).
Description
The main purpose of this course is to provide an overview of the protection of human rights and fundamental freedoms in Europe. The emphasis will be on the European Convention on Human Rights and the case-law of the European Court of Human Rights. Knowledge of the European human rights system is an essential element of the study of European integration. There are at least three specific reasons to address human rights in the context of the Master in European Law. Firstly, the significance of human rights – both for the legitimacy of public authority and for the day-to-day functioning of the legal order – has only increased since World War II. Secondly, the case-law of the Court in Strasbourg adds considerably to the process of European integration. Common standards are identified and reinforced, even if the Court is often prepared to take into account national values and traditions. Thirdly, the EU itself is paying ever more attention to fundamental rights and the Treaty of Lisbon also prescribes the EU’s accession to the ECHR.
In addition, the course fits in with other elements within the Masters programme, such as EU Institutional law and General Principles of EU Law. It is impossible to discuss all details of the Strasbourg case-law. We will therefore attempt to cover the most important cases that have come before the Court. These leading cases will illustrate how the Court approaches human rights, what principles have been developed in its case-law, and what their impact on the legal order of the States can be. At the same time, the discussion of the cases will make you familiar with the procedure followed under the European Convention on Human Rights.
Course objectives
Objectives of the course
The course “European Protection of Human Rights” has three aims. First it will explore the background and contents of the European Convention on Human Rights; second it will provide an overview of the case-law of the European Court of Human Rights in Strasbourg, and third, it will track the way in which the ECHR contributes to the process of European integration, thereby also paying due attention to its relationship with the EU legal order
Achievement levels
At the end of this course, students will have a good understanding of the nature and contents of the ECHR and the procedure before the ECtHR. In addition they will be familiar with a number of leading cases decided by the Strasbourg Court, as well as general principles of its case-law. They will also have insights into the relationship between this and the EU legal order.
Timetable
The timetable of this course can be found in uSis.
Mode of instruction
Seminars
The course will extend over six weeks, with two classes per week. The first two classes will be of an introductory nature. Each of the remaining sessions will address individual rights protected by the ECHR (the right to a fair trial, the right to privacy and so on). The classes will be very interactive: the lecturer will discuss the assigned cases with students and will ask them to comment on cases which are handed out during class.
Other methods of instruction
Each student is asked to write, together with another student, a short case note concerning a judgment delivered during the last year. Students propose their case during the first two weeks of class (first come-first serve) and, after approval of their choice, work together on the note. They should hand in their note at the latest one week after the written exam. The paper will be graded separately.
Assessment method
Examination form(s)
Written exam (80% of the grade) and paper (20%)
If only a few students fail the exam at the first attempt, the resit may be an oral exam. In that case, students will be informed by the coordinator 10 days ahead of the scheduled re-sit date.
Submission procedures
For all practical and logistical information, see the reader and the Blackboard site.
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.
Blackboard
More information on this course is offered in Blackboard.
Reading list
Obligatory course materials
Literature: None
Course information guide:
The reader (below) will contain all practical information, which will also be posted on the Blackboard site.
Reader:
European Protection of Human Rights
Recommended course materials
Jacobs, White & Ovey: The European Convention on Human Rights, edition 5 (Oxford University Press 2010)
P. van Dijk a.o., Theory and practice of the European Convention (3rd ed., Intersentia, 2006);
D.J. Harris, M. O’Boyle & C. Warbrick, Law of the European Convention on Human Rights (2nd ed., Oxford, 2009).
For more references see the extensive reading list in the reader.
Registration
Via uSis
Contact information
Co-ordinator: Dr. Vicky Kosta
Work address: KOG, Steenschuur 25
Contact information: Room B 2.31
Telephone number: +31 (0)71 527 8540
E-mail: v.kosta@law.leidenuniv.nl
Institution/division
Institute: Public Law
Division: European Law
Room number secretariat: KOG, B 1.19
Opening hours: 9-17h
Telephone number secretariat: +31 (0)71 527 8837
E-mail: w.h.rodger@law.leidenuniv.nl
Remarks
Enrollment in uSis is compulsory for this class
Contractonderwijs
Belangstellenden die deze cursus in het kader van contractonderwijs willen volgen (met tentamen), kunnen meer informatie vinden over kosten, inschrijving, voorwaarden, etc. op de website van Juridisch PAO.