Please note that the following description of the course is only provisional and therefore subject to change.
Admission requirements
Background in law and sufficient command of English. Preferably students are familiar with the basics of International Law and EU Law.
Description
The main purpose of this course is to provide an overview of the protection of human rights and fundamental freedoms in Europe. What are human rights, what is their scope, how are they balanced against public policy aims, by which means are they protected? Do we have common standards throughout Europe? In seeking an answer to these questions – and many others – we will focus on the European Convention on Human Rights and the case-law of the European Court of Human Rights. We will also pay attention to the relationship between the ECHR and the EU. It is impossible to discuss all the details of the vast amount of Strasbourg case law. We have therefore selected a few ‘hot topics’ and some of 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 Convention
This course is intended for law students. Students from other backgrounds who take an interest in human rights are welcome to attend, but they should realise that the emphasis will be on legal questions and procedure rather than on philosophical or sociological aspects
Objectives of the course
The course will provide an overview of human rights protection in Europe, by focusing on background and contents of the ECHR. It will also explore the degree of integration achieved in human rights protection in Europe .
Achievement levels
The following achievement levels apply with regard to the course:
At the end of this course, students will have a good understanding of the nature, selected contents, and procedure before the ECHR; Students will also become familiar with leading cases of the ECtHR
Students will gain 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- Number of (2 hour) seminars: 10
- Required preparation by students: Preparation of the assigned reading materials
Assessment method
Examination form(s)
- Written exam
Students who fail the exam are entitled to sit a re-examination. Depending on the number of students failing the exam, the re-sit may take the form of a written or oral exam.
Submission procedures
Not applicable
Areas to be tested within the exam
Knowledge of ECHR and EU protection mechanisms, knowledge and understanding of cases and procedures discussed and ability to critically assess evolutions and new cases.
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:
P. van Dijk & G.J.H. van Hoof, Theory and practice of the European Convention (Intersentia, 2006)
R.C.A. White & C. Ovey The European Convention on Human Rights (Oxford University Press, 2010)
P. Craig and G. De Búrca, EU Law – Text, Cases and Materials, (OUP 2011, 5th ed.)
Course information guide:
See reader.
Reader:
The reader will contain all practical information
The reader is available on Blackboard
Recommended course materials
- None
Registration
Students have to register for courses and exams through uSis.
Contact information
Co-ordinator: t.b.a.
Work address: KOG, room
Contact information: By appointment through email
Telephone number: +31 (0)71 527 8540
Email: t.b.a.
Institution/division
Institute: Public Law
Department: European Law
Room number secretary: KOG, B.1.21
Opening hours: Monday to Friday 09:00 – 17:00
Telephone number secretary: +31 (0)71 527 8837
Email: “w.h.rodger@law.leidenuniv.nl”:mailto:w.h.rodger@law.leidenuniv.nl