MVV293K Multilevel Protection of Human Rights in Europe

Faculty of Law
Autumn 2019
Extent and Intensity
0/1/0. 5 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Prof. Nicola Colacino, Ph.D. (seminar tutor), prof. JUDr. Ing. Michal Radvan, Ph.D. (deputy)
Prof. Giovanni D’Alessandro, Ph.D. (seminar tutor), prof. JUDr. Ing. Michal Radvan, Ph.D. (deputy)
Guaranteed by
prof. JUDr. Ing. Michal Radvan, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law
Timetable of Seminar Groups
MVV293K/01: Tue 29. 10. 8:00–9:40 025, Wed 30. 10. 8:00–9:40 025, Fri 1. 11. 8:00–9:40 025, 10:00–11:40 025, 12:00–13:40 025
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 1/30, only registered: 0/30
fields of study / plans the course is directly associated with
there are 37 fields of study the course is directly associated with, display
Course objectives
The main objectives of the Course are:
- to introduce to the main legal theories related to constitutionalism and human rights protection in Europe;
- to explain the role of Constitutional Courts (in particular, the Italian Constitutional Court), EU Court of Justice and European Court of Human Rights within their own legal systems;
- to understand the legal and judicial connections among such systems and to assess the limits of both the monistic and dualistic approach in the context of human rights protection;
- to understand the legal concept of “multilevel protection” of human rights in the Courts’ perspective, notably with reference to the jurisprudence of the Italian Constitutional Court.
Learning outcomes
At the end of the course, student should be able:
- to understand the main legal theories related to constitutionalism and the common grounds of the different systems of human rights protection in Europe;
- to understand the legal and judicial connections among such systems, in the context of human rights protection;
- to understand the legal concept of “multilevel protection” of human rights and its limits;
- to understand the contribution of Constitutional Courts, EU Court of Justice and European Court of Human Rights to the creation of a higher and comprehensive system of human rights protection in Europe.
Syllabus
  • 1) The concept of law and the protection of human rights: elements of legal theory (Prof. D’Alessandro)
  • 2) The connections among the national, the EU and the ECHR systems of human rights protection according to the relevant norms (Prof. Colacino)
  • 3) The multilevel protection of human rights in the Italian Constitutional Court’s perspective (Prof. D’Alessandro)
  • 4) The dialogue among Courts as matter of principle(s): margin of appreciation, hierarchical supremacy and the “best-protection” clause (Prof. Colacino)
  • 5) The supreme principles of the Constitutional order as a limit for International and EU law: the so called “counter-limits” doctrine (Prof. D’Alessandro/Prof. Colacino).
Literature
  • Cases and materials provided by lecturers.
Teaching methods
Lessons with discussion.
Assessment methods
Final paper (written exam).
Language of instruction
English
Further Comments
Study Materials
The course is taught only once.
  • Enrolment Statistics (recent)
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