Study-Unit Description

Study-Unit Description


CODE ECL5058

 
TITLE Fundamental Rights in the European Union

 
UM LEVEL 05 - Postgraduate Modular Diploma or Degree Course

 
MQF LEVEL Not Applicable

 
ECTS CREDITS 6

 
DEPARTMENT European and Comparative Law

 
DESCRIPTION The study-unit will provide a historical analysis of the development of human rights policy in the EU from the early 1960s by examining the central milestones in case law, political measures and treaty provisions, leading up to the codification of EU fundamental rights in the Charter of Fundamental Rights of the Union. The central role played by the European Court of Justice will be analysed in detail, as will the EU's relationship with national, ECHR and international systems of human rights protection. The unit will examine both the internal as well as the external dimensions of the EU's fundamental rights policy.

Study-unit Aims:

The aim of the study-unit is to provide students with a proper understanding of the system of fundamental rights protection in the European Union as it has been gradually built up since the 1960s with an emphasis on recent important developments. The study-unit will enable students to navigate the often complex relationship between the EU's own fundamental rights system and national, ECHR and international systems of human rights protection.

Learning Outcomes:

1. Knowledge & Understanding:

By the end of the study-unit the student will be able to:
• Draw upon in-depth knowledge of the system of fundamental rights protection in the EU.
• Comprehend the historical evolution of fundamental rights in the EU.
• Clearly comprehend the relationship between the EU's system of fundamental rights protection and national, ECHR and international systems of human rights protection.
• Recognise the importance of both the internal as well as the external dimension of the EU's fundamental rights policy.

2. Skills:

By the end of the study-unit the student will be able to:
• Clearly delineate the specificities of the EU's system of fundamental rights protection.
• Navigate with confidence through the complex patchwork of human rights instruments at national and European level.
• Identify cases which have a national, EU or ECHR element and the respective judicial and enforcement mechanisms involved.
• Draw upon analytical and practical legal skills in the context of EU fundamental rights law.

Main Text/s and any supplementary readings:

- Alston P., Bustelo, M., and Heenan, J., (eds.), The EU and Human Rights (Oxford University Press, 1999).
- Craig P., and De Burca G., EU Law Text, Cases and Materials (4th ed.) (Oxford University Press, 2008).
- Harris, O'Boyle & Warbrick Law of the European Convention on Human Rights (2nd ed.) (Oxford University Press, 2009).
- Piris J-C., The Lisbon Treaty A Legal and Political Analysis (Cambridge, 2010).
- Tridimas T., The General Principles of EC Law (Oxford University Press, 2000).
- Williams A., EU Human Rights Policies: A Study in Irony (Oxford University Press, 2004).
- Treaty on European Union.
- Treaty on the Functioning of the European Union.
- Charter of Fundamental Rights of the European Union.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Sept. Asst Session Weighting
Assignment Yes 20%
Examination (2 Hours) Yes 80%

 
LECTURER/S Martha Mifsud

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit