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School of Economics and Political Science
HUMAN RIGHTS AND MULTI-LEVEL GOVERNANCE
Course unit
EUROPEAN UNION LAW OF HUMAN RIGHTS (MOD. B)
EPP4068131, A.A. 2014/15

Information concerning the students who enrolled in A.Y. 2014/15

Information on the course unit
Degree course Second cycle degree in
HUMAN RIGHTS AND MULTI-LEVEL GOVERNANCE
EP1980, Degree course structure A.Y. 2013/14, A.Y. 2014/15
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Number of ECTS credits allocated 6.0
Course unit English denomination EUROPEAN UNION LAW OF HUMAN RIGHTS (MOD. B)
Department of reference Department of Political Science, Law, and International Studies
Mandatory attendance No
Language of instruction English
Branch PADOVA

Lecturers
Teacher in charge PAOLO PIVA IUS/14
Other lecturers CLAUDIA PIVIDORI 000000000000

Integrated course for this unit
Course unit code Course unit name Teacher in charge
EPP4068129 INTERNATIONAL AND EUROPEAN LAW OF HUMAN RIGHTS PAOLO DE STEFANI

ECTS: details
Type Scientific-Disciplinary Sector Credits allocated
Core courses IUS/14 European Union Law 6.0

Course unit organization
Period Second semester
Year 1st Year
Teaching method frontal

Type of hours Credits Teaching
hours
Hours of
Individual study
Shifts
Lecture 6.0 45 105.0 No turn

Calendar
Start of activities 02/03/2015
End of activities 13/06/2015
Show course schedule 2019/20 Reg.2013 course timetable

Examination board
Examination board not defined

Syllabus

Common characteristics of the Integrated Course unit

Prerequisites: Prerequisites
A sound knowledge of public international law is indispensable to properly follow this course.
Target skills and knowledge: Knowledge and skills Students acquire in-depth knowledge of selected topics in international human rights law, of the essential notions of international law of armed conflict and international criminal law, and of European Union law. Students will develop the capacity to identify the key legal issues characterising the current political trends at the global and European levels, to articulate meaningful research questions and effectively use specialised legal sources, documents and literature. Students will be able to connect socio-economic and political challenges to the appropriate normative framework as well as to the pertinent governance levels and organisations, with special focus on the State obligations under human rights instruments. Students will become particularly familiar with the case-law and standards of international courts and human rights monitoring bodies, as well as with national legislations and case-law concerning the prosecution of international crimes. They will be able to critically address the legal implications of doctrines such as human security, responsibility to protect, human development, democratic transition.
Examination methods: The course assessment has the following components:
1 . a short essay of about 2,000 words (including footnotes and a bibliography) on a topic chosen among those proposed by the respective teachers and related to the course modules. The paper must be delivered to the concerned teacher at least one week before the date of the written test. The concerned teacher will mark the essay; the mark weighs for 40% of the overall mark.
2 . a written test, to be carried out in class, in a session of about an hour and a half, on the scheduled date. The test consists of a concise text answering some open questions related to the three segments of the course, namely International law of human rights and international humanitarian and criminal law ; EU human rights law, and Accountability for international crimes in Europe. Each teacher evaluates the tests of his/her competence. If a student fails one module, she can resit it within the next two exam sessions. If she gets an insufficient mark on two or more modules, or on the short essay, she fails the whole exam, unless very special circumstances occur.
The final mark is determined taking into account also, when applicable, his or her class participation.
Assessment criteria: Assessment criteria
Written exams are assessed based on correctness of the answers, quality of argumentation, clarity of exposition.
Papers are assessed on the same grounds; if they report a court judgment, correct use of legal terminology, identification of the opposed arguments, personal comments of the specific and general implications of the ruling are additional elements.
Participation is assessed taking into consideration, among others, the student’s effort and engagement while submitting optional presentations, taking part in discussions and asking/answering questions, in class or, where appropriate, in the e-learning environment.

Specific characteristics of the Module

Course unit contents: Mod B1 European Union Law of Human Rights - Prof. Paolo Piva
The course aims at studying in depth the gradual but ever increasing interest in human rights within the EU legal order, due not only to the expected accession to ECHR, but also to the fact that, according to Article 6.1 TEU, the Charter of Fundamental Rights of the European Union shall have the same legal value as the Treaties. That would entail important consequences in terms of direct effectiveness of the Charter’s provisions and their relationship with the previous EUCJ’s case-law on the correspondent subject matter. Another important aspect the course will focus on is the so-called dialogue between Courts in a multilevel perspective of judicial protection of Human Rights.
Human rights, democracy and the rule of law are core values of the European Union and the entry into force of the Lisbon Treaty has certainly strengthened such a perspective. The course will focus particularly on the new anti-discrimination law, by covering any form of discrimination, either direct or indirect, without forgetting the more traditional Economic, Social & Cultural Rights.

Mod B2 Accountability for international crimes in Europe - Dr Claudia Pividori
The course covers the following topics:
1. The duty to prosecute international crimes under international law; - The aut dedere aut iudicare principle; Heads of jurisdiction for the investigation and prosecution of international crimes (territorial, active personality, passive personality, protective jurisdiction, universal jurisdiction); - National investigations and prosecutions of international crimes in Europe: major trends and obstacles; - International crimes before the EctHR; Corporate responsibility for international crimes.
2. Europe and the International Criminal Court: - National implementation of the Rome Statute in Europe (substantive law and cooperation obligations); - The European Union and the ICC; - Judicial Cooperation among EU Member States and the fight against impunity for the crimes under the jurisdiction of the ICC.
Planned learning activities and teaching methods: Mod B1 European Union Law of Human Rights - Prof. Paolo Piva
The students are strongly recommended to gain a considerable command of the fundamental EU Law and the relevant case-law of the EU Court of justice in order to be able to solve the main problems which arise in this peculiar domain of the law. The teaching methods respect the traditional approach of Continental Universities, at the same time recognizing the importance and usefulness of a case-study approach which fits particularly well with the Court of Justice approach.

Mod B2 Accountability for international crimes in Europe - Dr Claudia Pividori
The course consists of lectures; case-law analysis; practical exercises; experts seminars. In all areas, the active participation of students is considered an essential element of teaching.
Additional notes about suggested reading: Mod B1 - European Union Law of Human Rights - Prof. Paolo Piva
In addition to the basic texts on Human Rights enshrined in the Treaties (TEU and TFEU) and in the Charter of Fundamental Rights, case law materials will be easily available during the courses.

Mod B2 Accountability for international crimes in Europe - Dr Claudia Pividori
Study materials will be available to students on the Moodle platform before the course gets started. Materials will include a selection of international legal instruments, judgments of international, regional and national courts. Books, essays, articles of both scholars and practitioners will also be suggested for students’ personal or group research.
Textbooks (and optional supplementary readings)