EUROPEAN HUMAN RIGHTS LAW - JEAN MONNET

1st Course: Meeting the students presentation of scope and subject of the whole course 2nd Course: GENERAL INTRODUCTION IN THE PROTECTION OF HUMAN RIGHTS {Ι}. the notion: The content of the right, distinction from similar notions (freedom, value and principle). {ΙΙ}. Historical “trip” of the rights in the European territory (e.g. ancient Athens, Magna Charta, etc). The increased protection after World War II. {ΙΙΙ}. Categorization of the rights: civil, social, political (or according to others civil – political & social – economic), reference to the “new generation” rights. {IV}. Texts and Institutions of Protection: the Member-States especially through their national courts, the Council of Europe and European Union with their jurisdictional institutions. Fundamental Texts: the national Constitutions, the ECHR, the EU Charter of Fundamental Rights, as well as specific texts such as Oviedo Convention of Human Rights and Biomedicine. 3rd Course: THE EUROPEAN CONVENTION OF HUMAN RIGHTS {I}. its establishment in 1950 within the framework of the Council of Europe (reference to this regional international organization, distinction from the EU institutions). {ΙΙ}. Its basic purpose: the protection primarily of civil rights. An obvious influence by the national Constitutions, elliptical wording, relation with them. {ΙΙΙ}. The high efficiency of this text in comparison to other similar ones: a). the existence of a Court, b). the whole procedure before it, c). the individual application, the consequences of the trial for the parties and the States. 4th Course: LIMITATIONS OF RIGHTS AND MARGIN OF APPRECIATION IN THE ECHR {Ι}. The clause of “democratic society“ {ΙΙ}. The public interest (public health, case of emergency, public health, third people’s rights) {ΙΙΙ}. The prohibition of abuse of rights {IV}. the margin of appreciation of the Member-States {V}. Principle of proportionality 5th Course: THE HUMAN RIGHTS PROTECTION IN THE EU {Ι}. the blame towards EU for lack of democracy and lack in the protection of human rights. {ΙΙ}. The Charter of Fundamental Rights as an answer: its establishment with Nice Treaty as a non-legally binding text, its “upgrade” with Lisbon Treaty as primary EU Law. {ΙΙΙ}. Field of application {IV}. The principle of the most effective protection 6th Course: DIGNITY AND THE RIGHT TO LIFE [articles 2 & 3 – 4 ECHR, articles 1,2,3,4 & 5 EU Charter] {Ι}. The human dignity a). Prohibition of slavery, of forced labour, of torturing and generally of inhuman behaviour. b). the protection of genetic identity and the protection form biomedical applications. {ΙΙ}. The absolute protection of life a). Prohibition of death penalty b). A right (?) to death 7th Course: PRIVATE AND FAMILY LIFE, Part A’: [articles 8 ECHR, articles 7 & 8 EU Charter] {Ι}. Asylum of residence {ΙΙ}. Personal Data and confidentiality (cameras, internet – social networking, health data, confidentiality of communication) -Presentation by Spaniard Colleague, Ms ………… : “interplay between ECJ and ECHR in some interesting decisions in which the right to a private life (article 8 of ECHR) has been interpretated by the ECHR in relation with the application of EU Council Regulations by national courts” 8th Course: EQUITY AND PROHIBITION OF DISCRIMINATION [article 14 ECHR, articles 21 – 25 EU Charter] {Ι}. Equity before the law and prohibition of discrimination based on national, religious, political, social or other characteristics {ΙΙ}. Equity of men and women Career opportunities, remuneration, quotas {ΙΙΙ}. Rights of children and elderly 9th Course: PRIVATE AND FAMILY LIFE, Part B’: [articles 8§1 & 12 ECHR, articles 9 & 33 (secondarily) EU Charter] {Ι}. Right to marriage and to partnership (kinds of partnership, partnership pacts, homosexual couples, etc) {ΙΙ}. Reproductive Rights (single-parent families, use of medically supported reproduction) 10th Course: FREEDOM OF CONSCIENCE & EXPRESSION & RELIGIOUS FREEDOM [articles 9 & 10 ECHR, articles 10 & 11 EU Charter] {Ι}. Right of conscience, right to manifest one’s thoughts, to receive information, criticism, defamation specially of public people, freedom of press and prohibition of censorship {ΙΙ}. Religious freedom: religious conscience and worship (religious education, religious symbols at schools, conscientious objection) 11th Course: POLITICAL RIGHTS TO VOTE AND ELIGIBILITY [article 3 of the 1st Ad. Protocol ECHR & articles 39-40 EU Charter] {Ι}. the notion and the content of these rights {ΙΙ}. The necessary characteristics of each ballot (free-unadulterated, direct, total, secret) {ΙΙΙ}. The vote and eligibility of EU citizens to the local authorities’ elections {IV}. The vote and eligibility of EU citizens to the European Parliament elections (the importance especially after Lisbon Treaty and the upgraded role of the Parliament in the EU law-making procedure) -Students’ presentation about their national electoral systems mainly for the European Parliament elections 12th Course: POLITICAL RIGHTS PART II -Students’ presentation about their national electoral systems mainly for the European Parliament elections 13th Course: RIGHT TO A FAIR TRIAL [article 6 ECHR, articles 47, 48, 49, 50 EU Charter] {Ι}. The establishment of legal proceedings (remedies) {ΙΙ}. The reasonable duration of the trial {ΙΙΙ}. Equity between the parties of a trial (especially in view of the procedural privileges of the government) {IV}. Defendant’s presumption of innocence {V}. Right to legal assistance by an advocate, right to understanding the language of the procedure and the case documents

Code: 
ELE74
ECTS: 
5.00
Ώρες: 
2
κάθε εβδομάδα
Cycle/Level: 
Undergraduate
Ακαδημαϊκό έτος : 
2020-2021
Type of Attendance: 
ERASMUS
Teaching Period: 
Spring
Teaching dates and hours: 
Tuesday, 12.00-14.00
Department: 
Department of Public Law and Political Science