Fundamental Rights
Course objectives
By the end of the Fundamental Rights Course, students should be able to place the protection of rights in a close relationship with powers (Art. 16 Declaration of Human Rights 1789) and be able to understand the differences between constitutional, supranational and international protection. In other words, a critical approach to the protection of rights is favored, including considering the different effects of the protection provided by the European Convention on Human Rights and the European Charter of Fundamental Rights and the constitutional protection that is the one most closely linked to a country's historical identity.
Channel 1
INES CIOLLI
Lecturers' profile
Program - Frequency - Exams
Course program
The course will focus on the study of the following issues:
• The definition of fundamental rights
• The relationship between rights and powers: the art. 16 of declaration of human and citizen rights; The Charters of human rights: from the OHCHR on 1948 to the national constitutional and European charters
• The protection of rights: Constitutional protection, European charter’s protection; two different guaranties
• The European convention of human rights and the Court of Human rights
• The Charter of fundamental rights of the European Union and the European Court of justice
• The relationship between ECtHR and ECJ
• Principles and rights in the Charter of fundamental rights of the European Union
• The effects of decisions of ECtHR and ECJ in the national states
• The margin of appreciation and the minimum standard of fundamental rights.
• "Old" and "new" rights: from personal liberty to rights to food and women's equality.
Prerequisites
some knowledge of public and International law and European history.
Books
1. Robert Schutze, European Constitutional Law, last edition, Cambridge University Press (PART II, Chapter 12: Judicial Power III: EU Fundamental Rights).
2. Harris O'Boyle & Warbrick: Law of the European Convention on Human Rights, 3rd edition, Oxford University Press 2018 (PART I: The European Convention on Human Rights in Context. PART II: Enforcement Machinery) this book can be substituted by :
2. William A. Schabas, The European Convention on Human Rights: A Commentary (Oxford Commentaries on International Law) last Edition, Kindle Edition.
3. G. Repetto (ed.), The Constitutional relevance of the ECHR in Domestic and European law (PART II, pp.137-148, 159-172 191-250.
Any documents and articles useful for Fundamental rights course is published in:
https://classroom.google.com/c/NjI1NjUwODc1NDla?cjc=56neyh7
Frequency
course attendance is strongly recommended but not mandatory .
Exam mode
The oral test consists of two or three questions on the program. Attending students may prepare if they wish a presentation that will count as a partial examination paper.
Bibliography
dosseirs of ECHR and its website ; the most important decisions discussed in classroom during the Course could be find in:
https://classroom.google.com/c/NjI1NjUwODc1NDla?cjc=56neyh7
- Lesson code1052274
- Academic year2025/2026
- CourseEuropean studies
- CurriculumEuropean Law, Institutions and Innovative Markets
- Year1st year
- Semester2nd semester
- SSDIUS/09
- CFU6