Admission requirements
Admission to the Masters programme (European Law specialisation).
Description
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 (ECHR) and the case-law of the European Court of Human Rights (ECtHR). We will also pay special attention to the relationship between the ECHR and the EU, and we will examine the degree to which an integrated system of human rights protection is emerging in Europe.
It is impossible to discuss all the details of the vast amount of ECtHR case law. We have therefore selected a few ‘hot topics’ and some of the most important cases that have come before the Strasbourg Court. These leading cases will illustrate how this Court approaches human rights, what principles and doctrines 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. As the course progresses we will in some cases trace fundamental rights protection in the EU legal system, with a view to examining the position that the Convention has assumed in the EU as well as trends of divergence and convergence in the levels of protection provided. Occasionally, selected cases from the Court of Justice of the EU (CJEU) will be read in parallel to Strasbourg case law in order to explore the relationship between the two legal orders. We will also discuss the process of accession of the EU to the ECHR and the implications (both institutional and substantive) that may result from this for both legal orders.
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 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.
Course objectives
Objectives of the course
The course “European Protection of Human Rights” has three objectives: (1) to explore the background and contents of the European Convention on Human Rights; (2) to provide an overview of the case-law of the European Court of Human Rights and the procedure before this Court, and (3) to track the way in which the ECHR contributes to the process of European integration, thereby paying special attention to its relationship with the EU legal order.
Achievement levels
At the end of this course, students will be able to explain the nature and contents of the ECHR and the procedure before the ECtHR. In addition, they will be able to describe a number of leading cases decided by the Strasbourg Court, as well as general principles of its case-law, and some key rulings on fundamental rights by the Court of Justice of the EU. Further, they will be able to solve a fictional case on the basis of ECtHR case law. They will also have insights into the relationship between the ECHR and the EU legal order.
In concreto this means that at the end of this course, and on the basis of the assigned materials, students can:
explain the procedure before the ECtHR and make reasoned suggestions for amendment of the procedure; describe the process of accession of the EU to the ECHR, explain how ECtHR case law relates to Union law and vice versa and critically reflect on these matters;
solve a fictional case related to a topic concerning European human rights;
answer essay questions reflecting on (elements of) the ECtHR case law, while showing critical thinking;
write a case note to a recent ECtHR judgment or decision or a case pending before the ECtHR.
Timetable
The timetable of this course can be found in uSis.
Mode of instruction
Lectures
Number of (2 hour) lectures: 5
Names of lecturers: Dr. J. Mačkić and K.A.M. van Kruisbergen LL.M.
Required preparation by students: reading of case-law and literature as indicated in the reader.
Seminars
Number of (2 hour) seminars: 5
Names of instructors: Dr. J. Mačkić and K.A.M. van Kruisbergen LL.M.
Required preparation by students: reading of case-law and literature, and preparing assignments as indicated in the reader and/or as announced by the lecturer.
The course will extend over five weeks, with one lecture and one seminar per week. The first lecture will be of an introductory character. Each of the remaining sessions will address individual rights protected by the ECHR or themes in the ECtHR case-law (e.g. the ECHR and migration or the territorial scope of the ECHR). The working groups are even more interactive than the lectures and students are expected to prepare (in groups) assignments for the working group, such as to formulate a judgment for a pending case or present a case of the ECtHR or the CJEU to their fellow-students. The working groups also serve as practice for the written assignment (see below), that consists of a case note to a recent ECtHR judgment or decision or a case pending before the ECtHR.
Assessment method
Examination form(s)
Written exam (80 % of the overall mark)
Written assignment (20 % of the overall mark)
Students who fail the exam are entitled to a re-sit examination. Depending on the number of students failing the exam, the re-sit may take the form of a written or oral exam.
If a student has not passed the course by the end of the academic year, partial grades for written exam or written assignment are no longer valid.
Regulation retake passed exams
In this course it is possible to retake an exam that has been passed (cf. art. 4.1.8.1 and further of the Course and Examination Regulations), on the condition that this course is included in the compulsory components of the degree programme. Students who have passed the exam may retake the final written assessment (test) of the course. Please contact the Student Administration Office (OIC) for more information.
Submission procedures
For all practical information see the reader and the Blackboard site.
Areas to be tested within the exam
The examination syllabus consists of the required reading (case-law and literature) for the course, the course information guide and the subjects taught in the seminars and all other instructions, which are part of the course.
Blackboard
More information on this course is offered on Blackboard.
Reading list
Obligatory course materials
Literature:
The journal articles as mentioned in the reader for this course. Students are expected to collect the articles themselves.
Course information guide:
The reader will contain all practical information, and will be posted on the Blackboard site.
Recommended course materials
Jacobs, White & Ovey: The European Convention on Human Rights (6th ed., Oxford University Press 2014)
D.J. Harris, M. O’Boyle & C. Warbrick, Law of the European Convention on Human Rights (3rd ed., Oxford University Press 2014)
For more references see the extensive reading list in the reader
Registration
Students have to register for courses and exams through uSis.
Contact information
Coordinator: Dr. J. Mačkić
Work address: KOG, Steenschuur 25
Contact information: Room B 2.29
Telephone number: +31 (0)71 527 7087
E-mail: j.mackic@law.leidenuniv.nl
Institution/division
Institute: Public Law
Division: European Law
Room number secretariat: KOG, B 1.21
Opening hours: 9:00-17:00
Telephone number secretariat: +31 (0)71 527 3596
E-mail: europeesrecht@law.leidenuniv.nl
Remarks
Enrollment in uSis is compulsory for this class