School of Law - Irish Centre for Human Rights

Academic year 2013-14

The European Union and Human Rights

Course Outline

5 credits

Objective / The Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) claim respect for human rights as a foundational doctrine of the European Union (EU), committing the EU to the protection and promotion of human rights both internally and externally.
The course explores the development of the protection of human rights in the EU, through the study and critical analysis of relevant CJEU’s case law, as well as legislative and policy measures. The course also introduces students to the role of human rights’ promotion in the EU external relations.
The overall objective of this course is to understand and gain critical insight in the evolution of the protection of human rights within the EU and in its external action.
Lecturer / Name / Office / Ext / E-mail
Dr. Delia Ferri / Centre of Disability Law and Policy / 4273 /
Times (3-hr seminars x 4) / Day / Time / Venue
Semester II / 24/02
10/03
24/03
31/03 / 10.00
-
13.00 / HRC seminar room
Learning Outcomes / Upon completion of this course you should be able to:
-Understand the evolution of the protection of human rights within the EU legal order, and the role of the Court of Justice of the European Union (CJEU) in protecting human rights
-Critically assess the evolving balance between EU fundamental freedoms and human rights
-Understand the inter-relations among different sources of law in the EU legal system and their role in the protection of human rights
-Demonstrate awareness of the evolution of human rights promotion as an objective of EU external action
-Evaluate the role of the EU as a human rights promoter
Format / The course comprises a series of 4 seminarsof three hours each.
All students are expected to complete required readings in advance of seminar meetings, to look for underlying themes and problems, and to participate in the seminars.Active participation in discussions is essential to the successful acquisition of knowledge and analytical skills.
Students are also encouraged to engage in the additional readings.
A basic knowledge of EU law is desirable.
Programme(s) / LL.M. Programmes at the Irish Centre for Human Rights
Course Material / All the readings listed in this outline are available in the James Hardiman Library and/or online. They will also be distributed/sent by the course lecturer.
Students will also be expected to work with case law and primary legal texts throughout the module.
Core Text / Additional References / For a general overview on the protection of human rights in the EU legal system:
Ch. 11 ‘Human Rights in the EU’, in P. Craig- G. De Burca, EU Law. Texts, Cases, and Materials (OUP, last ed. 2011)
Ch. 12 ‘European Human Rights’, in R. Schutze, European Constitutional Law (CUP, 2012)
Di Federico G. (eds), The EU Charter of Fundamental Rights - From Declaration to Binding Instrument (Springer, 2011)
Kuhling J. ‘Ch. 13-Fundamental Rights’, in A. Von Bogdandy and J. Bast, Principles of European Constitutional Law (Hart-Nomos, 2010)
A large number of academic articles, contributions in edited collectionsand papers on different aspects of human rights protection in the EU have been published. The course lecturer will suggest and make available to the students selected readings relevant to the topics discussed in the seminars (see detailed outline). Upon request, the lecturer will advise students on additional readings.
Students are encouraged to have a copy of the Treaties (TEU and TFEU) with them (both TEU and TFEU can be easily downloaded from the website
Assessment / Evaluation is undertaken principally by means of an essay. The essay must demonstrate significant research and should aim to critically evaluate literature available on a chosen subject. Word Requirement: 10,000 words. Essays over the limit will be penalised. Submission Deadline: 12 May 2014. Late submissions will attract a penalty @ 1 % per day.However, 20% of the final mark will come from a group presentation to be conducted in class.
DETAILED COURSE OUTLINE
Seminar I
The protection of human rights in the EU / This seminar will explore the evolution of legal protection of human rights in the EU.Students will be introduced to the constant balancing exercise carried out by the CJEU between human rights and fundamental freedoms. This seminar will also contextualisethe role of the EU Charter of fundamental rights.
Required readings:
-Case C-112/00,Eugen Schmidberger, InternationaleTransporte und Planzüge v. RepublikÖsterreich
-CaseC-36/02, Omega (Laserdrome)
-Von Bogdandy A., ‘The European Union as a Human Rights Organization?Human Rights and the Core of The European Union’, (2000) Common Market Law Review 1307–1338, available at
-de Vries AS, ‘The protection of fundamental rights within Europe’s internal market after Lisbon – An endeavour for more harmony’, Europa Institute Working Paper 4/10,available at
Further readings:
-De Burca G., ‘After the EU Charter of Fundamental Rights: The Court of Justice as a Human Rights Adjudicator?’, (2013) Maastricht Journal of European and Comparative Law, available at
-De Burca G., ‘Road Not Taken: The European Union as a Global Human Rights Actor’ (2011) 105 Am. J. Int'l L.pp. 649-693
-Eeckout P., ‘The EU Charter Of Fundamental Rights and the Federal Question’, (2002) Common Market Law Review available at
-Fontanelli F., ‘The European Union’s Charter of Fundamental Rightstwo years later’, (2011) 3 Perspectives on Federalismavailable at
-Lenaerts K., ‘Exploring the Limits of the EU Charter of Fundamental Rights (2012) 3 European Constitutional Law Review, 8, pp 375 - 403
-Groussot, X. & Pech, L., ‘Fundamental Rights Protection in the EU post Lisbon Treaty’, Policy Papers of the Foundation Robert Schuman, No. 173, 14 June 2010
-Heringa and L. Verhey, ‘The EU Charter: Text and Structure’, (2001) Maastricht Journal ofEuropean and Comparative Law, pp. 11
-Morijn J, ‘Balancing Fundamental Rights and Common Market Freedoms in Union Law: Schmidberger and Omega in the Light of the European Constitution’ (2006) European Law Journal, pp. 15-40
-MoranoFoadi S. Andreadakis S., ‘Reflections on the Architecture of the EU after the Treaty of Lisbon: The European Judicial Approach to Fundamental Rights’ (2011) European Law Journal, pp. 595–610
Seminar 2:
Part A: The accession of the EU to the ECHR
Part B: The institutional architecture for the protection of human rights in the EU / This seminar will be divided into two parts.
Part Aof the seminar will explore both procedural and substantial issues surrounding the theEU accession to the ECHR (1h 30 min)
Required readings:
-Craig P., ‘EU Accession to the ECHR: Competence, Procedure And Substance’, (2013) Fordham Int'l L.J. pp. 114-1150
-Eecks C., ‘EU Accession to the ECHR: Between Autonomy and Adaptation’ (2013) Modern Law Review, pp. 254-285
Further readings:
-Baratta R., ‘Accession of the EU to the ECHR: The Rationale For The ECJ’s Prior Involvement Mechanism’ (2013)Common Market Law Review, pp. 1305–1332
-Lock T., ‘Walking on a tightrope: The draft ECHR accession agreement and the autonomy of the EU legal order’ (2011) Common Market Law Review, pp. 1025-1054
-Lock T. ‘The ECJ and the ECtHR: The Future Relationship between the Two European Courts’, (2009)Law & Prac. Int'l Cts. & Tribunals, pp. 375-398
-Weiss W., ‘Human Rights in the EU: Rethinking the Role of the European Convention on Human Rights After Lisbon’, (2011) European Constitutional Law Review, pp. 64-95
Part B of the seminar will be devoted to discuss the EU institutional architecture for the protection of human rights in the EU. Particular attention will be paid to the role of agencies (in particular the Fundamental Rights Agency)
Required readings:
-Regulation (EC) n° 168/2007 establishing a European Union Agency for Fundamental Rights (this regulation can be easily downloaded from FRA’s website at
-FRA Stakeholder Communication Framework available at
-Von Bogdandy A. Von Bernstorf J., ‘The EU Fundamental Rights Agency Within The European And International Human Rights Architecture:The Legal Framework And Some Unsettled Issues In A New Field Of Administrative Law’ (2009) Common Market Law Review pp. 1035-1068
Further readings:
-Sokhi-Bulley B.,‘The Fundamental Rights Agency of the European Union: A New Panopticism’, (2011) Human Rights Law Review, pp. 683-706
-Kjaerum M, Toggenburg GN, ‘The Fundamental Rights Agency and Civil Society: Reminding the Gardeners of their Plants’ Roots’, 2 European Diversity and Autonomy Papers - EDAP (2012) at
Seminar 3:
EU External Human Rights Policy Instruments / This seminar will contextualise the development of the major human rights instruments available to the EU in pursuit of its external human rights policy. Attention will be paid to various strands of EU external action.
Required reading:
-European Commission Enlargement Strategy and Main Challenges 2013-2014 Com (2013)700 final, available at
-Council of the European Union (2012) EU Strategic Framework and Action Plan on Human Rights and Democracy 11855/12, Luxembourg 25 June. Available at:
-Council of the European Union (2013) EU Annual Report on Human Rights and Democracy in the World 2012 9431/13, Brussels 13 May. Available at:
-EU Human Rights Guidelines available at:
-Albi A., ‘Ironies in Human Rights Protection in the EU: Pre-Accession Conditionality and Post-Accession Conundrums’ (2009) European Law Journal, pp. 46-69
-Bartels L., ‘Human Rights and Sustainable Development Obligations in EU Free Trade Agreements (September 1, 2012). University of Cambridge Faculty of Law Research Paper No. 24/2012. Available at SSRN:
-Zimelis A., ‘Conditionality and the EU–ACP Partnership: A Misguided Approach to Development?’ (2011) Australian Journal of Political Science pp.389- 406
Further readings:
-King, T. (2011) ‘The European Union as a Human Rights Actor’ in O’Flaherty, M., Kędzia, Z., Müller, A. & and Ulrich, G. eds. Human Rights Diplomacy: Contemporary Perspectives (Leiden: MartinusNijhoff Publishers)
Seminar 4:
A Case-study: The EU Accession to the UNCRPD.
Human Rights of People with Disabilities in the EU / The seminar will explore the protection of human rights of persons with disabilities within the EU, and focus on the accession to the UNCRPD
Required readings:
-UN Convention on the Rights of Persons with disabilities, available at
-Quinn Gerard, ‘A Short Guide to the United Nations Convention on the Rights of Persons with Disabilities’, in L. Waddington and G. Quinn (eds.), European Yearbook of Disability Law vol. I, (Intersentia, 2009), pp. 89
-De Beco G. Hoefmans, ‘National Structures for the Implementation and Monitoring of the UN Convention on the Rights of Persons with disabilities’, in De Beco G. (ed), Article 33 of the UN Convention on the Rights of Persons with disabilities (MartinusNijoff, 2013)
-Lawson A. and Presley M., ‘Potential, principle and pragmatism in concurrent multinational monitoring: disability rights in the European Union’ (2013) The International Journal of Human Rights pp. 739-757
-Ferri D. , ‘The conclusion of the UN Convention on the Rights of Persons with Disabilities by the EC/EU: a constitutional perspective’, in L. Waddington, G. Quinn (eds.), European Yearbook of Disability Law (Intersentia, 2010), pp. 47-71
Further Readings:
-Harpur P., ‘Embracing the new disability rights paradigm: the importance of the Convention on the Rights of Persons with Disabilities’, (2012) Disability and Society pp. 1-14
-Lang R. et al. , ‘Implementing the United Nations Convention on the rights of persons with disabilities: principles, implications, practice and limitations’ (2011) ALTER, European Journal of Disability Research 5, pp. 206–220
-Quinn G. and Arnardottir MO (eds.), The UN Convention on the Rights of Persons with Disabilities: European and Scandinavian Perspectives (Brill-MartinusNijhoff Publishers, 2009)
-Stein M.A. and Lord J.E., ‘Monitoring the Convention on the Rights of Persons with Disabilities: Innovations, Lost Opportunities, and Future’ (2010) Hum. Rts. Q. pp. 689-728

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