PROTECTION OF FUNDAMENTAL RIGHTS IN THE EU
academic year 2023/24
OPTIONAL MODULE, 20 hrs
Literature:
- Craig P., Búrca G. de, EU Law: Text, Cases, and Materials, Oxford 2015, chapter 11
- Woods L., Watson P., Steiner & Woods EU Law, Oxford 2017, chapter 6
- Cases and materials available on the course websites (in particular Moodle)
- Cases and materials collected by the students while working on their final papers
Websites:
- Course website
https://moodle.uni.lodz.pl/course/view.php?id=44141
- Academic Phrasebank http://www.phrasebank.manchester.ac.uk/
- English Grammar Tutorials https://ctl.yale.edu/writing/resources-multilingual-writers/downloadable-english-grammar-tutorials
- OSCOLA
https://www.law.ox.ac.uk/research-subject-groups/publications/oscola
- University of Reading – Academic writing
https://libguides.reading.ac.uk/writing
- About plagiarism and proper references to sources
https://www.plagiarism.org/
- On-line dictionaries
https://ling.pl/
https://www.merriam-webster.com/
https://dictionary.cambridge.org/ 2
https://www.oxfordlearnersdictionaries.com/
https://translate.google.pl/?hl=pl
- European Union https://europa.eu/
- EUR-Lex https://eur-lex.europa.eu/homepage.html
- EU Agency for Fundamental Rights https://fra.europa.eu/en
- Court of Justice of the EU https://curia.europa.eu/jcms/jcms/j_6/en/
- European Court of Human Rights
https://echr.coe.int/Pages/home.aspx?p=home
Video materials used during the course:
- Fundamental Rights and AI
https://fra.europa.eu/en/video/2020/reinforcing-eu-charter-key-statements-panellists
Course purpose and requirements:
The aim of the course is to provide the students with profound knowledge concerning the protection of fundamental rights in the European Union, the functioning of the EU FR protection system and its position in national and international legal order, especially in relation to other human rights protection mechanisms (with special focus on the European Convention of Human Rights). It also deals with current problems and developments within the system. The course is furthermore designed to develop the students' research skills as well as the language skills to the B2+ level.
Methods used: seminar method with elements of problem lecture – combining interactive participation of the student during the classes with particular problems explained by the lecturer and involving e-learning and individual self-study (solving written homework tasks, gathering materials and writing the final paper).
In order to attend the course the students must:
- possess basic knowledge of constitutional law, international law and European Union Law,
- present basic skills in analysis, synthesis, logical reasoning,
- be fluent in English - B2 level.
The presence in class is mandatory throughout the course.
Course contents:
1. Evolution of the human/fundamental rights protection in EC/EU legal order in the jurisprudence of the European Court of Justice
- Fundamental rights as general principles of law 3
- Scope of protected rights and freedoms
3. Institutionalization of fundamental rights protection in the EU
4. The EU Charter of Fundamental Rights - its origins, scope, legal effect and enforcement
5. The relationship between the EU and the ECHR systems:
- Judicial dialogue between ECJ and ECtHR
- Indirect review of EU acts by the ECtHR
- EU accession to the ECHR
Evaluation:
The student's assessment is based on:
- Result of a linguistic test on legal terminology with special focus on EU law and human rights
- evaluation of a final paper on a topic concerning the course subject (8000-10000 signs including spaces, so 4-5 pages, where one page contains about 2000-2500 signs). The student is informed what were the strong and the weak points. All other student's activities within the course (e.g. short written homework tasks, interactive involvement in discussion) are taken into account in the overall assessment.
Grade definition
5 (A) very good - outstanding performance, without substantial and formal errors (but single minor formal imperfections are acceptable)
4+ (B) better than good – performance above the average standard but with some errors
4 (C) good – sound performance but with a number of notable errors
3+ (D) better than sufficient – average performance, fair but with significant shortcomings
3 (E) sufficient - performance meets the minimum criteria
2 (F) unsatisfactory (fail) – performance shows fundamental shortcomings and does not meet the minimum standard
- 1. Evolution of European integration and legal character of the European Union
- Political foundations of European Communities
- From the Rome Treaties to the Treaty of Lisbon
- The European Union as an international organization
- Specific nature of the European Union
D. Chalmers, European Union Law, Chapter 1, European Integration and the Treaty on European Union, Oxford 2020
- 2. Institutions, organs of the UE and decision-making process[1]
- Democracy in the European Union
- Principles governing relations between institutions
- Institutions composition and functions
- d. Decision-making process
D. Chalmers, Chapter 2 The EU Institutions, Oxford 2020
D. Chalmers, Chapter 3, Lawmaking, Oxford 2020
- 3. Basic principles and division of competencies between the EU and member states
- Does the EU have a constitution?
- Principle of conferred powers
- Principle of subsidiarity
- Principle of proportionality
Competencies P. Craing, G. de Burca, EU Law Text, Cases and Materials, Oxford University Press 2020, pp. 73-104
- 4. The rule of law and protection of fundamental rights in the EU
- a. Fundamental Rights as general principles of EC/EU law – case-law of the CJEU
- b. The EU Charter of Fundamental
- c. Review of EU actions
- d. Review of Member States’ actions
- e. The EU Charter and the ECHR
Membership: Crisis, Conceptions and Challeges in: P. Craing, G. de Burca, EU Law Text, Cases and Materials, Oxford University Press 2020, pp. 44-57
Human Rights in the EU, in: P. Craing, G. de Burca, EU Law Text, Cases and Materials, Oxford University Press 2020, pp. 414-462
- 5. The legal order of the European Union
- Primary and secondary law
- The hierarchy of legal acts (legislative acts, delegated acts and implementing acts)
- Forms of legal acts (regulations, directives, decisions etc.)
Instruments and hierarchy of norms in: P. Craing, G. de Burca, EU Law Text, Cases and Materials, Oxford University Press 2020, pp. 136-154;
EU International Relations Law (parts 6-9) in: P. Craing, G. de Burca, EU Law Text, Cases and Materials, Oxford University Press 2015, pp. 384-410
- 6. Nature and effect of EU law
- Direct effect of EU law
- Supremacy of EU law
- Legal effect of regulations
- Legal effect of decisions
- Legal effect of directives
- Indirect effect
The nature and effect of EU law: direct effect and beyond in: P. Craing, G. de Burca, EU Law Text, Cases and Materials, Oxford University Press 2020, pp. 217-260
- 7. Relation between EU law and national law
- The German Federal Constitutional Court and Solange doctrine
- Experience of other Member States
- EU law in Polish Legal order
The Relationship between EU law and national law – supremacy w: P. Craing, G. de Burca, EU Law Text, Cases and Materials, Oxford University Press 2020, pp. 303-351
- 8. Application of EU law – national remedies
- a. Procedural autonomy of Member States and its limitations
- b. State liability for damages
The application of EU law: remedies before national Courts in: P. Craing, G. de Burca, EU Law Text, Cases and Materials, Oxford University Press 2020, pp. 262-301
- 9. Preliminary ruling procedure
- Function
- National courts and tribunals
- Subject of preliminary ruling
- Obligation to refer
- Reviewable omission
Preliminary Rulings in: P. Craing, G. de Burca, EU Law Text, Cases and Materials, Oxford University Press 2015, pp. 496-538
- 10. Review of legality
- Acts under review
- Standing
- Grounds of review
Review of legality in: P. Craing, G. de Burca, EU Law Text, Cases and Materials, Oxford University Press 2020, pp. 540-573
- 11. Enforcement actions against Member States
- function and operation of the infringement procedure
- structure of the procedure
- consequence of Art. 258 TFEU ruling
- pecuniary penalty under Art. 260 TFEU
Enforcement actions against Member States in: P. Craing, G. de Burca, EU Law Text, Cases and Materials, Oxford University Press 2020, pp., 463-494
- 12. Action for damages
Damages actions and money claims in: P. Craing, G. de Burca, EU Law Text, Cases and Materials, Oxford University Press 2020, pp. 583-606.
https://global.oup.com/uk/orc/law/eu/barnard_peers2e/
Basic case-law of the Court of Justice
Direct effect and supremacy of EU law
26/62 Van Gend en Loos
6/64 Costa v. ENEL
106/77 Simmenthal
2/74 Reyners v Belgium
43/75 Defrenne
9/70 Franz Grad
41/74 Van Duyn
148/78 Tulio Ratti
152/84 Marshall
C-118/89 Foster v British Gas plc
Indirect effect
14/83 Von Colson & Kamann
C-106/89 Marleasing
80/86 Kolpinghuis
C-397-403/01 Pfeiffer
C-212/04 Adeneler
Horizontal and objective effect
C-194/94 CIA Security
C-443/08 Unilevel Italia
C-244/98 Oceano Grupo Editorial
Remedies before national courts
33/76 Rewe-Zentralfinanz eG
271/91 Marshall
C-213/89 Factortame
99/82 San Giorgio
C-313/05 Brzeziński
C-46/93 Brasserie du Pecheur , C-48/93 Factortame
Exam:
Written midterm exam (13 May 2024) p. 4-7 of the programme (including relevant case-law) – open-book case-study –positive result is a condition for taking the final exam
Final test exam 17 June 2024