Course ObjectiveThe general substantive objective of this course is that at the end of
this course the student is able to analyze, compare and apply European
legal doctrines with regard to fundamental rights, as developed by the
Court of Justice of the European Union (CJEU) and the European Court of
Human Rights (ECtHR). In addition, an important objective of this course
is the further development of the skill to read judgments of the CJEU
and the ECtHR, to identify the basic rules, and to resolve a case on the
basis of these rules. A particular objective of this course is to
improve the ability to understand the use of English in legal contexts.
Finally, an important objective of this course is to further develop the
skill to present (written) legal arguments.
Course ContentThis course concerns the protection of fundamental rights within Europe.
Fundamental rights are of utmost importance for enabling us to live the
life we want to live and for a well-functioning democracy. They have a
great impact on our daily lives and on our national legal systems. Given
the extension of the scope of fundamental rights, they are now visible
almost everywhere, from criminal law to company law, and from private
law to constitutional law. For that reason, it is important to know and
understand the dynamics of interpretation and limitation of fundamental
rights in Europe, and to learn how the European courts deal with issues
such as diversity, subsidiarity and citizenship.
Fundamental rights protection in Europe co-exist in national, European
Union (EU) and Council of Europe (CoE) mechanisms. This co-existence in
different legal systems raises important questions as regards the
coherence and consistency in the interpretation of rights and the effect
of EU and CoE rights in national legal orders.
Law in action:
The course uses practical and current problems with regard to
fundamental rights protection to enhance students skills in solving
legal issues. Moreover, in each tutorial, a class assignment is
discussed which motivates students to take on a practical role, for
example through moot court assignments.
Teaching MethodsThis course is taught in English and consists of weekly lectures
Method of AssessmentYour grade is based on a written exam.
Since this is an English course and you will be familiar with the
English terminology, we strongly recommend that you answer the questions
in English. Answering in Dutch is, however, allowed.
Entry RequirementsEntry requirements students Bachelor's degree programme Law
- Beginselen staatsrecht
- Beginselen Europees recht
LiteratureThe literature and case law will be published on Canvas.
Target AudienceApart from regular students, the course is also available for:
Students from other universities/faculties
Contractors (students who pay for one course)
Additional InformationThis course contributes to the following exit qualifications of the
Bachelor of Laws:
The overall aim of the course is to train students to acquire a high
academic and intellectual level.
After completing this course, the student will have obtained knowledge
and several skills. In particular the students wil have thorough
knowledge and understanding of European fundamental rights law, it's
sources, how it developed and its relation to national and social
context. In addition the student, through intensive participation in
lectures and tutorials, will have acquired several skills. First of all,
the skill to understand and use English legal terminology. Second of
all, the student will have acquired analytical legal skills, problem
solving skills and communication skills, all of which are indispensable
for working as a lawyer in whatever role. In particular, the student
will be able to read, analyse and reflect on legal texts and arguments,
especially in case law and legislation on a European level. The student
will also be able, through intensive exercising with case law and
problem cases, to extract the relevant rules out of these sources and
apply them in order to solve the problem at hand. Lastly, the student
will be able to take an underpinned position in a social-legal debate
and communicate this both orally and in a written form.
|Language of Tuition||English|
|Faculty||Faculty of Law|
|Course Coordinator||mr. drs. W.K. Hutten|
|Examiner||mr. drs. W.K. Hutten|
mr. dr. M.C. Stronks
B. Aarrass LLM
dr. G.N. Cornelisse
You need to register for this course yourself
|Teaching Methods||Lecture, Study Group|
This course is also available as: