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| DROI0177-1 | The protection of human rights in the community legal order | |||||
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| Duration : | 45h Th | |||||
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| Holder(s) : | Melchior Wathelet | |||||
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| Course contents : | This seminar will include as well lectures of the professor as the presentation by the students themselves of the study they will have made of one of several judgements of the Court of Justice of the European Communities. Individually or on the basis of little groups, the students will present orally the study they will have made of the application by the Court of Justice of a general principle of law (proportionality, subsidiarity, legal security, good administration, non-discrimination,...). The presentation will be done on the basis of a written synthesis that will have to be delivered during the first quadrimester. The distribution of the topics will take place at the beginning of the academic year. On the other hand, the seminar will be dedicated to the study of the development, both in the case law of the Court of Justice of the European Communities and in the primary and secondary Community Law, of the protection of human rights and fundamental freedoms, and that under the form of lectures. Successively, four dynamics will be analysed : § The case law of the Court of Justice of the European Communities § The evolution of primary and secondary Community Law in the field of human rights; § The European Charter of Fundamental Rights; § The accession of the European Union to the European Convention of Human Rights; | |||||
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| Course objective : | Successively, four dynamics will be analysed : § The case law of the Court of Justice of the European Communities : historically, it is on the level of this case law that was first initiated and then developed the protection of human rights in the Community legal order. This part of the seminar presupposes the analysis of about fifty judgements of the Court of Justice of the European Communities and ten or so judgements of the European Court of Human Rights, each student taking in charge the analysis and the oral overview of one or several of those judgements; § The evolution of primary and secondary Community Law in the field of human rights; this part implies the analysis of the evolution of the Community Treaties since the Treaty of Rome on the level of human rights as well as the analysis of secondary legislations taken in this matter; § The European Charter of Fundamental Rights; this part implies the analysis of the successive efforts undertaken to reach the adoption of a European "bill of rights" until the proclaim of the Charter in December 2000, the references which are already made to this Charter in international and national case laws and its integration in the Treaty establishing a Constitution for the European Union; § The accession of the European Union to the European Convention of Human Rights; this part implies the analysis of the opinion of the Court of Justice of the European Communities given in 1996 and the debates which led to the future European Constitution that provides for this accession. | |||||
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| Organization : | 1st semester | |||||
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| Written notes : | The documents that have to or will be at the disposal of the students are the following ones :
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| Assessment : | The seminar will be the subject of a written exam at the end of the quadrimester. A part of the quotation will be given to the written and oral presentation of the study of the general principle of Community Law or of the judgments of the European Court. | |||||
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| Contacts : | melchior.wathelet@skynet.be | |||||
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ULg : Students and Studies Administration - Academic Affairs
Contact : Monique Marcourt, direction A.E.E.
Date of data : 27/02/2006
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