Fundamental Rights in the European Union
Prof. Loïc AZOULAI, Prof. Miguel POIARES MADURO and Prof. Martin SCHEININ
Tuesday, 15.00-17.00, Sala Europa
Administrative Assistant: Annick Bulckaen
January – March 2012
6 credits
Seminar description
This seminar will delve into the sources, evolution, status and substance of fundamental rights in European Union law. Two important changes resulting from the Treaty of Lisbon justify a thorough assessment of the new and still evolving status of the law, namely the incorporation of the 2000 EU Charter of Fundamental Rights into the Treaties and the creation of a legal basis for the accession by the EU to the European Convention on Human Rights. These new and still developing arrangements will be discussed against the backdrop of the long-term evolution of the law, though the case law of the European Court of Justice, through the interaction between EU law and the constitutional law of Member States, and through the relationship between the EU legal order and international law. Hence, the seminar will also allow reflections on multi-level constitutionalism and the role of fundamental rights in that discourse. Many of the general issues discussed will be deepened through selected topics related to specific fundamental rights.
1. (17 January): Sources, institutions and model of protection. A first session covering the question of competence, the history of fundamental rights protection, the current state of EU law and the model set up by the Union. Focus on the ECJ.
2. (24 January): ECHR and EU law. Main theme: EU accession to ECHR. Guest: Hannes Kraemer
3. (31 January): EU fundamental rights and national law: scope of application of EU law and different forms of application of fundamental rights as part of it.
4. (7 February): International (human rights) law and EU fundamental rights, including in external relations.
5 & 6. (14 February, double session 13.00-17.00): Session 5: Conflicts between fundamental rights. Guest: Samantha Besson Session 6: Non-discrimination as a fundamental right, including in horizontal relations. Includes discrimination on account of gender, sexual orientation and disability, and cases such as Feyron, Coleman etc. We will cover the mandate of the Fundamental Rights Agency in the same session. Guest: Morten Kjaerum
7. (21 February): The EU Charter on Fundamental Rights: legal status, but also political, administrative and judicial application. Art. 7 TEU, "Compliance with the Charter in Commission legislative proposals" (COM (2005) 172), infringement procedure, contentious action by Parliament to protect fundamental rights. Guest: Allan Rosas
8. (28 February): Data protection and privacy as fundamental rights. Guest: Tuomas Ojanen)
9. (6 March): Migration and EU fundamental rights. Includes discussion both in respect of third country nationals and EU citizens. Guest: Karin de Vries
10. (13 March): EU Criminal Law and fundamental rights. Guests Renaud Colson and Sakari Melander, TBC.
Course Requirements
All participants are required to study in advance the readings for each session and to engage in the discussion. In the beginning of the seminar, participants will have the choice between giving one short (15 minutes) presentation in one of the sessions or submitting a “reflection paragraph” prior to six of the sessions.