Fundamental rights in the European Union and European Citizenship
2100-ERASMUS-FREU
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PART I: EUROPEAN UNION FUNDAMENTAL RIGHTS POLICY
1. Fundamental Rights and the external relations of the Union: the clause on democracy and human rights. The Generalized Scheme of Preferences.
- For the Generalized Scheme of Preferences see: https://ec.europa.eu/trade/policy/countries-and-regions/development/generalised-scheme-of-preferences/index_en.htm
- Lorand Bartels, Human Rights and sustainable development obligations in EU free trade agreements, Legal Studies Research, Paper series, University of Cambridge, 24/2012.
2. The respect for fundamental rights as a requirement to become a Member of the European Union
- For the enlargement negotiations, in particular on fundamental rights requirements, see: https://ec.europa.eu/neighbourhood-enlargement/node_en
3. European Union membership and the respect for fundamental rights
3.1. The mechanisms of article 7 TEU.
3.2. The pre-article 7 mechanism: A New EU framework to strengthen the Rule of Law.
3.3. Country-case analyses.
Specific EU documents:
- Communication from the European Commission to the European Parliament and the Council: A new Framework to strengthen the Rule of Law of 11th July 2014.
- Commission Recommendation (EU) 2016/1374 of 27th July 2016 regarding the rule of Law in Poland.
- Commission Recommendation (EU) 2017/146 of 21st December 2016 regarding the rule of Law in Poland complementary to Commission Recommendation (EU) 2016/1374.
- Commission Recommendation (EU) 2017/1520 of 26th July 2017 regarding the rule of Law in Poland complementary to Commission Recommendation (EU) 2016/1374 and (EU) 2017/146.
- Commission Recommendation (EU) 2018/103 of 20th December 2017 regarding the rule of Law in Poland complementary to Commission Recommendation (EU) 2016/1374 and (EU) 2017/146 and (EU) 2017/1520.
- Reasoned proposal in accordance with article 7.1 of the Treaty on European Union Regarding the rule of Law in Poland (20th December 2017)
- European Parliament Resolution of 12 September 2018, on a proposal calling on the Council to determine, pursuant to Article 7.1 of the Treaty on European Union, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded.
PART II. EUROPEAN UNION FUNDAMENTAL RIGHTS
1. The birth of Fundamental Rights: Fundamental Rights as unwritten general principles and the case-law of the Court of Justice.
2. The enactment of Fundamental Rights in the European Union: The Charter of Fundamental Rights.
3. The accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms.
- Robert Schütze, European Union Law, Cambridge University Press, Cambridge, 2015, pp. 429-470 (Chapter 12: European Union Fundamental Rights).
- Alina Kaczorowska-Ireland, European Union Law, 2017, pp. 233-269 (Chapter 8: Protection of fundamental rights in the European Union).
- Paul Craig/Gráinne de Búrca, EU Law. Texts, cases and materials, sixth edition, Oxford University Press, 2015, pp. 380-427 (Chapter 11: Human rights in the EU).
Relevant case-law of the Court of Justice:
- Case 11/70 International Handellsgesellschaft v. Einfuhr- und Vorratstelle für Getreide un Futtermitteln (1970, ECR 1125).
- Case 4/73 Nold v. Commission (1974, ecr 491).
- Case 44/79 Hauer v. Land Rheinland Pfalz (1979, ECR 3727).
PART III. EUROPEAN UNION CITIZENSHIP
1. The origins and significance of the concept of “European citizenship”.
2. The European Union Citizenship in the Treaties: who is a Union citizen?
3. Rights attached to the status of citizen of the Union:
3.1. The right to move and reside freely within the territory of the Member States.
3.2. Electoral rights.
3.3. Right to consular and diplomatic protection.
3.4. Other rights.
- Damian Chalmers/Gareth Davis/ Giorgio Monti, European Union Law, Cambridge University press, Cambridge, 3rd edition, 2014, pp. 466-514 (Chapter 11: Citizenship of the Union).
- Allan Rosas/Lorna Armati, “Civis Europeus Sum. The evolving concept of Union Citizenship”, in Allan Rosas/Lorna Armati, European Constitutional Law. An introduction, Hart Publishing, Oxford, 2010.
- Directive 2004/38/EC of the European Parliament and of the Council, of 29 April 2004, on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.
Efekty kształcenia
The “Fundamental Rights in the European Union and European Citizenship” course is designed to provide a general overview on fundamental right in the European Union legal order. In order to achieve these goals, the course is divided into three parts.
Firstly, students will critically analyze how fundamental rights are demand to be respected in the European Union: in the relations of the European Union with third countries (external Union policy), as a requirement for countries willing to join the European Union and also during membership (domestic policy).
Secondly, students will be asked to dig into the European Union legal order, examining if and how fundamental rights have been developed and consecrated in it. They will get familiar with the most relevant case-law of the Court of Justice, as well as with the significant provision of the Treaties and the Charter of Fundamental Rights of the European Union on that issue.
Thirdly, students will focus on the rights linked to the European citizenship, analysing the ways in which they have been established and the kind of protection granted to those rights.
Kryteria oceniania
The course will be assessed through active participation during classroom activities (such as practical activities, short written questions and frequent oral interaction, either asking or answering questions) as well as through a final written exam (last meeting).
Praktyki zawodowe
Literatura
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