Fundamental Rights in Europe

2018-2019
Dit vak wordt in het Engels aangeboden. Omschrijvingen kunnen daardoor mogelijk alleen in het Engels worden weergegeven.

Doel vak

The 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.

Inhoud vak

This 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.

Onderwijsvorm

This course is being taught in English and consists of weekly lectures
and tutorials.

Toetsvorm

Your 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.

Vereiste voorkennis

Entry requirements students Bachelor's degree programme Law
(Rechtsgeleerdheid):

- Beginselen staatsrecht
- Beginselen Europees recht

Literatuur

The literature and case law will be published on Canvas.

Doelgroep

Apart from regular students, the course is also available for:
Students from other universities/faculties
Exchange students
Contractor (students who pay for one course)

Overige informatie

This 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;

The student graduating with a Bachelor’s degree will have the

1. knowledge and understanding of the core doctrines of European
fundamental rights law, as well as the systematics of it, including
recent developments;
2. knowledge and understanding of European fundamental rights law in
their relation to national law;
3. knowledge of English legal terminology;
4. understanding that the law develops and operates in a social context;

In terms of legal skills, the student graduating with a Bachelor’s law
degree will be able to

Analytical skills

5. read, understand and analyze legal(theoretical) texts and arguments,
including case law and legislation on European fundamental rights;
6. critically reflect on rules, case law and literature on European
fundamental rights, among others from a legal historical, comparative or
legal philosophical perspective; reflect on the boundaries of the field
of study;
7. analyze and set up structures of legal arguments.

Problem solving skills

8. extricate the legal key facts out of a text;
9. select legal rules to construct a legal solution for a legal case;
10. solve legal cases, including a systematical approach when applying
the legal rules on a specific case;

Communication skills

11. present written (legal) arguments in correct and clear English;
12. take a well-founded and substantiated position in a social-legal
debate.

Algemene informatie

Vakcode R_FunRE
Studiepunten 6 EC
Periode P4
Vakniveau 300
Onderwijstaal Engels
Faculteit Faculteit der Rechtsgeleerdheid
Vakcoördinator B. Aarrass LLM
Examinator B. Aarrass LLM
Docenten mr. dr. M.C. Stronks
B. Aarrass LLM
mr. dr. C.H. Slingenberg
dr. G.N. Cornelisse

Praktische informatie

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