Fundamental Rights in the European Union

The purpose of this course is to give an overview of the protection of fundamental rights within the European Union legal system.

In the framework of the course after a brief overview of the European human rights protection mechanisms, the relevant provisions of the primary sources of EU law, and the ECJ’s related case law will be discussed. The distinction in the protection between “us” and “them” will be demonstrated with cases involving European citizens and third county nationals. Several classes will be devoted to the substantive articles of the Charter of Fundamental Rights, its scope, legal force and applicability, as well as its relation to the European Convention on Human Rights. A distinction will be made between fundamental rights in the various pillars. The EU Agency for Fundamental Rights will be discussed and its reports will be used as reference to specific human rights issues. Special emphasis will be placed on the scope and impact of the EU Anti-Discrimination Directives, sex equality issues and discrimination on the basis of disability. Differing national sensitivities and a threat to the supremacy doctrine will be discussed through the case of the European Arrest Warrant. Finally, the case of data protection in the third pillar will be singled out in light of the EU’s fight against terrorism.