School of Law - Irish Centre for Human Rights
Academic year 2013-14
The European Union and Human Rights
Course Outline
5 credits
The Treaty on European Union (TEU) and the Treaty on the Functioning of
the European Union (TFEU) claim respect for human rights as a foundational
doctrine of the European Union (EU), committing the EU to the protection
and promotion of human rights both internally and externally.
Objective
The course explores the development of the protection of human rights in
the EU, through the study and critical analysis of relevant CJEU’s case law, as
well as legislative and policy measures. The course also introduces students
to the role of human rights’ promotion in the EU external relations.
The overall objective of this course is to understand and gain critical insight
in the evolution of the protection of human rights within the EU and in its
external action.
Name
Lecturer
Times (3-hr
seminars x 4)
Dr. Delia Ferri
Office
Ext
E-mail
Centre of
Disability
Law and
Policy
4273
delia.ferri@nuigalway.ie
Day
Time
Venue
24/02
Semester II
10/03
24/03
31/03
Learning
Outcomes
Dr. Delia Ferri
10.00
-
HRC seminar room
13.00
Upon completion of this course you should be able to:
-
Understand the evolution of the protection of human rights within
the EU legal order, and the role of the Court of Justice of the
European Union (CJEU) in protecting human rights
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-
Critically assess the evolving balance between EU fundamental
freedoms and human rights
-
Understand the inter-relations among different sources of law in the
EU legal system and their role in the protection of human rights
-
Demonstrate awareness of the evolution of human rights promotion
as an objective of EU external action
-
Evaluate the role of the EU as a human rights promoter
The course comprises a series of 4 seminars of three hours each.
Format
All students are expected to complete required readings in advance of
seminar meetings, to look for underlying themes and problems, and to
participate in the seminars. Active participation in discussions is essential to
the successful acquisition of knowledge and analytical skills.
Students are also encouraged to engage in the additional readings.
A basic knowledge of EU law is desirable.
Programme(s)
Course Material
LL.M. Programmes at the Irish Centre for Human Rights
All the readings listed in this outline are available in the James Hardiman
Library and/or online. They will also be distributed/sent by the course
lecturer.
Students will also be expected to work with case law and primary legal texts
throughout the module.
For a general overview on the protection of human rights in the EU legal
system:
Ch. 11 ‘Human Rights in the EU’, in P. Craig- G. De Burca, EU Law. Texts,
Cases, and Materials (OUP, last ed. 2011)
Ch. 12 ‘European Human Rights’, in R. Schutze, European Constitutional Law
(CUP, 2012)
Di Federico G. (eds), The EU Charter of Fundamental Rights - From
Declaration to Binding Instrument (Springer, 2011)
Core Text /
Additional
References
Kuhling J. ‘Ch. 13-Fundamental Rights’, in A. Von Bogdandy and J. Bast,
Principles of European Constitutional Law (Hart-Nomos, 2010)
A large number of academic articles, contributions in edited collections and
papers on different aspects of human rights protection in the EU have been
published. The course lecturer will suggest and make available to the
students selected readings relevant to the topics discussed in the seminars
(see detailed outline). Upon request, the lecturer will advise students on
additional readings.
Students are encouraged to have a copy of the Treaties (TEU and TFEU) with
them (both TEU and TFEU can be easily downloaded from the website
http://eur-lex.europa.eu/).
Dr. Delia Ferri
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Assessment
Evaluation is undertaken principally by means of an essay. The essay must
demonstrate significant research and should aim to critically evaluate
literature available on a chosen subject. Word Requirement: 10,000 words.
Essays over the limit will be penalised. Submission Deadline: 12 May 2014.
Late submissions will attract a penalty @ 1 % per day. However, 20% of the
final mark will come from a group presentation to be conducted in class.
DETAILED COURSE OUTLINE
This seminar will explore the evolution of legal protection of human rights in
the EU. Students will be introduced to the constant balancing exercise
carried out by the CJEU between human rights and fundamental freedoms.
This seminar will also contextualise the role of the EU Charter of
fundamental rights.
Required readings:
Seminar I
-
Case C-112/00, Eugen Schmidberger, Internationale Transporte und
Planzüge v. Republik Österreich
-
Case C-36/02, Omega (Laserdrome)
-
Von Bogdandy A., ‘The European Union as a Human Rights
Organization? Human Rights and the Core of The European Union’,
(2000) Common Market Law Review 1307–1338, available at
http://www.fd.unl.pt/docentes_docs/ma/meg_ma_11422.pdf;
-
de Vries AS, ‘The protection of fundamental rights within Europe’s
internal market after Lisbon – An endeavour for more harmony’,
Europa Institute Working Paper 4/10, available at
http://www.uu.nl/SiteCollectionDocuments/REBO/REBO_RGL/REBO_
RGL_EUROPA/Working_Paper_de_Vries[1].pdf;
The protection of
human rights in
the EU
Further readings:
Dr. Delia Ferri
-
De Burca G., ‘After the EU Charter of Fundamental Rights: The Court
of Justice as a Human Rights Adjudicator?’, (2013) Maastricht Journal
of European and Comparative Law, available at
http://www.maastrichtjournal.eu/pdf_file/ITS/MJ_20_02_0168.pdf
-
De Burca G., ‘Road Not Taken: The European Union as a Global
Human Rights Actor’ (2011) 105 Am. J. Int'l L. pp. 649-693
-
Eeckout P., ‘The EU Charter Of Fundamental Rights and the Federal
Question’, (2002) Common Market Law Review available at
http://www.biicl.org/files/3273_eeckhout.pdf
-
Fontanelli F., ‘The European Union’s Charter of Fundamental Rights
two years later’, (2011) 3 Perspectives on Federalism available at
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http://www.on-federalism.eu/attachments/104_download.pdf
-
Lenaerts K., ‘Exploring the Limits of the EU Charter of Fundamental
Rights (2012) 3 European Constitutional Law Review, 8, pp 375 - 403
-
Groussot, X. & Pech, L., ‘Fundamental Rights Protection in the EU post
Lisbon Treaty’, Policy Papers of the Foundation Robert Schuman, No.
173, 14 June 2010
-
Heringa and L. Verhey, ‘The EU Charter: Text and Structure’, (2001)
Maastricht Journal of European and Comparative Law, pp. 11
-
Morijn J, ‘Balancing Fundamental Rights and Common Market
Freedoms in Union Law: Schmidberger and Omega in the Light of the
European Constitution’ (2006) European Law Journal, pp. 15-40
-
Morano Foadi S. Andreadakis S., ‘Reflections on the Architecture of
the EU after the Treaty of Lisbon: The European Judicial Approach to
Fundamental Rights’ (2011) European Law Journal, pp. 595–610
This seminar will be divided into two parts.
Part A of the seminar will explore both procedural and substantial issues
surrounding the the EU accession to the ECHR (1h 30 min)
Required readings:
Seminar 2:
Part A: The
accession of the
EU to the ECHR
Part B: The
institutional
architecture for
the protection of
human rights in
the EU
-
Craig P., ‘EU Accession to the ECHR: Competence, Procedure And
Substance’, (2013) Fordham Int'l L.J. pp. 114-1150
-
Eecks C., ‘EU Accession to the ECHR: Between Autonomy and
Adaptation’ (2013) Modern Law Review, pp. 254-285
Further readings:
-
Baratta R., ‘Accession of the EU to the ECHR: The Rationale For The
ECJ’s Prior Involvement Mechanism’ (2013) Common Market Law
Review, pp. 1305–1332
-
Lock T., ‘Walking on a tightrope: The draft ECHR accession agreement
and the autonomy of the EU legal order’ (2011) Common Market Law
Review, pp. 1025-1054
-
Lock T. ‘The ECJ and the ECtHR: The Future Relationship between the
Two European Courts’, (2009) Law & Prac. Int'l Cts. & Tribunals, pp.
375-398
-
Weiss W., ‘Human Rights in the EU: Rethinking the Role of the
European Convention on Human Rights After Lisbon’, (2011)
European Constitutional Law Review, pp. 64-95
Part B of the seminar will be devoted to discuss the EU institutional
architecture for the protection of human rights in the EU. Particular attention
Dr. Delia Ferri
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will be paid to the role of agencies (in particular the Fundamental Rights
Agency)
Required readings:
-
Regulation (EC) n° 168/2007 establishing a European Union Agency
for Fundamental Rights (this regulation can be easily downloaded
from FRA’s website at http://fra.europa.eu/en/about-fra/who-weare)
-
FRA Stakeholder Communication Framework available
http://fra.europa.eu/sites/default/files/fra_uploads/2332Stakeholder-Communication-Framework-2011.pdf
-
Von Bogdandy A. Von Bernstorf J., ‘The EU Fundamental Rights
Agency Within The European And International Human Rights
Architecture:The Legal Framework And Some Unsettled Issues In A
New Field Of Administrative Law’ (2009) Common Market Law Review
pp. 1035-1068
at
Further readings:
-
-
Sokhi-Bulley B., ‘The Fundamental Rights Agency of the European
Union: A New Panopticism’, (2011) Human Rights Law Review, pp.
683-706
Kjaerum M, Toggenburg GN, ‘The Fundamental Rights Agency and
Civil Society: Reminding the Gardeners of their Plants’ Roots’, 2
European Diversity and Autonomy Papers - EDAP (2012) at
http://www.eurac.edu/en/research/institutes/imr/activities/Bookseri
es/edap/Documents/2012_edap02.pdf
This seminar will contextualise the development of the major human rights
instruments available to the EU in pursuit of its external human rights policy.
Attention will be paid to various strands of EU external action.
Required reading:
-
European Commission Enlargement Strategy and Main Challenges
2013-2014 Com (2013)700 final, available at
http://ec.europa.eu/enlargement/pdf/key_documents/2013/package
/strategy_paper_2013_en.pdf
-
Council of the European Union (2012) EU Strategic Framework and
Action Plan on Human Rights and Democracy 11855/12, Luxembourg
25 June. Available at:
http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/
EN/foraff/131181.pdf
-
Council of the European Union (2013) EU Annual Report on Human
Rights and Democracy in the World 2012 9431/13, Brussels 13 May.
Available at:
http://register.consilium.europa.eu/pdf/en/13/st09/st09431.en13.pd
f
Seminar 3:
EU External
Human Rights
Policy
Instruments
Dr. Delia Ferri
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-
EU Human Rights Guidelines available at:
http://eeas.europa.eu/human_rights/guidelines/index_en.htm
-
Albi A., ‘Ironies in Human Rights Protection in the EU: Pre-Accession
Conditionality and Post-Accession Conundrums’ (2009) European Law
Journal, pp. 46-69
-
Bartels L., ‘Human Rights and Sustainable Development Obligations in
EU Free Trade Agreements (September 1, 2012). University of
Cambridge Faculty of Law Research Paper No. 24/2012. Available at
SSRN: http://ssrn.com/abstract=2140033
-
Zimelis A., ‘Conditionality and the EU–ACP Partnership: A Misguided
Approach to Development?’ (2011) Australian Journal of Political
Science pp.389- 406
Further readings:
-
King, T. (2011) ‘The European Union as a Human Rights Actor’ in
O’Flaherty, M., Kędzia, Z., Müller, A. & and Ulrich, G. eds. Human
Rights Diplomacy: Contemporary Perspectives (Leiden: Martinus
Nijhoff Publishers)
The seminar will explore the protection of human rights of persons with
disabilities within the EU, and focus on the accession to the UNCRPD
Required readings:
-
UN Convention on the Rights of Persons with disabilities, available at
http://www.un.org/disabilities/convention/conventionfull.shtml
-
A Case-study: The
EU Accession to
the UNCRPD.
Quinn Gerard, ‘A Short Guide to the United Nations Convention on
the Rights of Persons with Disabilities’, in L. Waddington and G. Quinn
(eds.), European Yearbook of Disability Law vol. I, (Intersentia, 2009),
pp. 89
-
Human Rights of
People with
Disabilities in the
EU
De Beco G. Hoefmans, ‘National Structures for the Implementation
and Monitoring of the UN Convention on the Rights of Persons with
disabilities’, in De Beco G. (ed), Article 33 of the UN Convention on
the Rights of Persons with disabilities (Martinus Nijoff, 2013)
-
Lawson A. and Presley M., ‘Potential, principle and pragmatism in
concurrent multinational monitoring: disability rights in the European
Union’ (2013) The International Journal of Human Rights pp. 739-757
-
Ferri D. , ‘The conclusion of the UN Convention on the Rights of
Persons with Disabilities by the EC/EU: a constitutional perspective’,
in L. Waddington, G. Quinn (eds.), European Yearbook of Disability
Law (Intersentia, 2010), pp. 47-71
Seminar 4:
Further Readings:
-
Dr. Delia Ferri
Harpur P., ‘Embracing the new disability rights paradigm: the
importance of the Convention on the Rights of Persons with
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Disabilities’, (2012) Disability and Society pp. 1-14
Dr. Delia Ferri
-
Lang R. et al. , ‘Implementing the United Nations Convention on the
rights of persons with disabilities: principles, implications, practice
and limitations’ (2011) ALTER, European Journal of Disability Research
5, pp. 206–220
-
Quinn G. and Arnardottir MO (eds.), The UN Convention on the Rights
of Persons with Disabilities: European and Scandinavian Perspectives
(Brill-Martinus Nijhoff Publishers, 2009)
-
Stein M.A. and Lord J.E., ‘Monitoring the Convention on the Rights of
Persons with Disabilities: Innovations, Lost Opportunities, and Future’
(2010) Hum. Rts. Q. pp. 689-728
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