SubjectsSubjects(version: 861)
Course, academic year 2019/2020
  
Case-Law of the European Court of Human Rights - HP2016
Title: Case-Law of the European Court of Human Rights
Guaranteed by: Department of Public International Law (22-KMP)
Faculty: Faculty of Law
Actual: from 2019 to 2019
Semester: summer
Points: 0
E-Credits: 4
Examination process: summer s.:oral
Hours per week, examination: summer s.:2/0 Ex [hours/week]
State of the course: taught
Language: English
Teaching methods: full-time
Level:  
For which faculty: zahraniční studenti
Note: course can be enrolled in outside the study plan
enabled for web enrollment
Guarantor: JUDr. Mgr. Alla Tymofeyeva, Ph.D.
Teacher(s): JUDr. Mgr. Alla Tymofeyeva, Ph.D.
Pre-requisite : HP0851
XP//In complex pre-requisite: HM2601
Annotation
Last update: JUDr. Mgr. Alla Tymofeyeva, Ph.D. (10.02.2018)
This compulsory optional course is intended for the students with good knowledge of English who want to learn how to effectively search, evaluate and interpret the case-law of the European Court of Human Rights (hereinafter referred to as “the ECtHR”). The course will deal with examining of the impact of the case-law of the ECtHR on the decision-making activities of administrative bodies and courts in the Czech Republic. Knowledge, particularly in the area of the right to a fair trial, will also serve as a good preparation for the final examination. Apart from this, the subject will provide students with the opportunity to improve their skills in speaking and writing in English.

At the end of the course, the students will have a possibility to visit the hearing of the European Court of Human Rights in Strasbourg (France) and take part in the workshop given by a lawyer of the European Court. They will have an opportunity to visit the Library of the Court, the Department for Execution of the Judgments of the European Court of Human Rights and the other bodies of the Council of Europe.

Aim of the course
Last update: JUDr. Mgr. Alla Tymofeyeva, Ph.D. (20.12.2016)

The aim of the course is to provide students with the theoretical knowledge and practical skills, which could be used in further study and practice of law. ECtHR’ case-law affects a very wide range of legal sectors and is applicable to both the procedural and substantive law. Knowledge of the basic principles of interpretation of the law of the ECHR and skills to quickly navigate through the individual judgments and decisions of the ECtHR, will teach students to work effectively with legal texts. The course can serve as preparation for the Moot court competition in International or European law in the English language. 

Teaching methods
Last update: JUDr. Mgr. Alla Tymofeyeva, Ph.D. (20.12.2016)

Classes will be held with use of a powerpoint presentation and based on the direct study of the sources. Students will also receive preparatory materials for home study, in particular, they will have to study the case-law of the ECtHR and apply this knowledge to solving of fictitious cases. One of the seminars will be in the form of a moot court before the ECtHR, which should be held in the courtroom of the Law Faculty of the Charles University. 

Requirements to the exam
Last update: JUDr. Mgr. Alla Tymofeyeva, Ph.D. (10.04.2020)

 

The final course grade includes the following components:

25 %               application form

15 %               your presentation posted in Moodle or submitted via email

35 %               active participation throughout the course - sending responses to the quetions based on the homework reading

25 %               written submission - draft judgment

 

 

Grade 1 -  81 - 100 % 

Grade 2 -  61 - 80 % 

Grade 3 -  51 - 60 % 

Failed - less than 50 % 

Syllabus
Last update: JUDr. Mgr. Alla Tymofeyeva, Ph.D. (03.01.2020)

 

 Preliminary schedule of the seminars:

1st Seminar

Introduction to the course: the sources, exam requirements and conditions of effective work in the classroom.  Overview of the mechanism set forth by the European Convention of Human Rights (ECHR).

2nd Seminar

Admissibility criteria of the European Court of Human Rights (ECtHR). Work with the decisions of the ECtHR regarding the inadmissibility of complaints. Analysis of the incompatibility racione loci, raione temporis, racione personae, ratione materiae. Explanation of the basic principles of interpretation of the ECHR: “margin of appreciation”, “living instrument”, “subsidiarity” and others.

3rd Seminar

Rights relating to personal liberty (Article 2-5 of the ECHR).

4th Seminar

Rights related to spiritual freedom (Articles 8-12 of the ECHR).

5th Seminar

Rights related to the procedural safeguards (Articles 6, 7 and 13 of the ECHR).

6th Seminar

Protocols to the Convention - Right to protection of property (Article 1 of Protocol No. 1 to the ECHR).

7th Seminar

Some of the other rights guaranteed by the ECHR.

8th Seminar

Rights of legal entities under the ECHR.

9th Seminar

Moot court on a given topic.

10th Seminar

The ECHR through the government eyes. Practical guidelines for the preparation of the government’s observations as to alleged violations of the ECHR. The seminar will be held by a representative of the Office of the Government Plenipotentiary for representing the Czech Republic before the ECtHR.

11th Seminar

The work of the Venice Commission and the Case-Law of the ECtHR. Comparison of the Case-Law of the ECtHR with the other mechanisms (e.g. the European Committee of Social Rights (ECSR) and the US Supreme Court).

12th Seminar

Final comments to the ECHR. Recommendations on preparing for the exam. 

13th Seminar

Workshop at the European Court of Human Rights in June 2020

 

Course completion requirements - Czech
Last update: JUDr. Mgr. Alla Tymofeyeva, Ph.D. (27.03.2018)

Podíl garanta na výuce činí - 75 %.

 
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