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The aim of the course is to provide students with theoretical knowledge and practical skills in working with the case-law of the European Court of Human Rights (ECtHR). The ECtHR case-law affects a wide range of legal fields and may be applied to both procedural and substantive law of the Czech Republic. Knowledge of the basic principles governing the interpretation of the ECHR and the ability to navigate efficiently through different ECtHR judgments and decisions will help students develop effective skills for working with legal texts. The course may also serve as preparation for moot court competitions in international or European law conducted in English.
Individual seminars will be supported by PowerPoint presentations and will be based on direct study of primary sources. Students will also receive materials for home preparation, in particular ECtHR case-law, and will use this preparation when solving hypothetical cases. This course is intended for students with a good command of English who are interested in learning how to search for, assess and interpret ECtHR case-law effectively. The knowledge acquired, particularly in the area of the right to a fair trial, will also provide useful preparation for the State Final Examination. The course will also provide an opportunity to improve students’ spoken and written English skills. At the end of the course, students will have the opportunity to attend a hearing of the ECtHR in Strasbourg, France, and participate in a workshop with ECtHR lawyers. They will also have the opportunity to visit the ECtHR Library, the Department for the Execution of Judgments of the ECtHR, and other bodies of the Council of Europe. Poslední úprava: Šicnerová Barbora, Mgr. (16.09.2026)
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1. The combined examination consists of the following components: - presentation - active participation in classes (e.g. mini moot court) - written essay analysing ECtHR case-law 2. Class attendance is a prerequisite for admission to the essay component. A student may have a maximum of three absences during the semester. 3. Grading: - Excellent – 81–100% - Very Good – 61–80% - Good – 51–60% - Fail – less than 50%. It is not necessary to complete every individual assignment in order to pass the course; students must obtain at least 51% overall. Poslední úprava: Šicnerová Barbora, Mgr. (16.09.2026)
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The course covers the following topics: - introduction to the protection of human rights in Europe; analysis of the mechanism of the European Convention on Human Rights (ECHR); basic principles of interpretation applied by the European Court of Human Rights (ECtHR) – the margin of appreciation doctrine, the living instrument doctrine, subsidiarity, and others - admissibility criteria for applications to the ECtHR; work with ECtHR decisions concerning inadmissibility; analysis of incompatibility ratione loci, ratione temporis, ratione personae and ratione materiae - rights related to personal liberty (Articles 2–5 ECHR), rights related to freedom of thought (Articles 8–12 ECHR), rights related to procedural protection (Articles 6, 7 and 13 ECHR); rights related to the protection of property (under the Protocols to the ECHR) and other rights guaranteed by the ECHR - preparation of Government observations concerning alleged violations of the ECHR (the seminar will be conducted by a representative of the Office of the Government Agent before the European Court of Human Rights) - comparison of ECtHR case-law with other mechanisms (e.g. the European Committee of Social Rights, the European Committee for the Prevention of Torture, the Venice Commission, etc.) - execution of ECtHR judgments Poslední úprava: Šicnerová Barbora, Mgr. (16.09.2026)
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Required literature: 1. TYMOFEYEVA, Alla – BÍLKOVÁ, Veronika – HNÁTÍK, Petr – JANOUŠEK PYSK, Vladimír – ŠTURMA, Pavel. European Court of Human Rights in Action. 1st ed. Prague: Charles University, Faculty of Law, Department of International Law, 2021, 217 pp. ISBN 978-80-7630-011-8. E-version: https://rozkotova.cld.bz/UK-Intl-Law/ECtHR-IN-ACTION Recommended literature: 1. BOULAIS, Aida Grgić; PALOMARES, Guillem Cano; MARINKOVIĆ, Ayşegül Uzun. A Practitioner's Guide to the European Convention on Human Rights. United Kingdom: Sweet & Maxwell, 2023. 2. VILLIGER, Mark E. Handbook on the European Convention on Human Rights. Leiden; Boston: Brill Nijhoff, 2023. xxix, 741 pp. 3. REID, Karen. A Practitioner's Guide to the European Convention on Human Rights. 7th ed. London: Sweet & Maxwell/Thomson Reuters, 2023. 4. RAINEY, Bernadette; McCORMICK, Pamela; OVEY, Clare. The European Convention on Human Rights. 8th ed. Oxford: Oxford University Press, 2021. 5. HARRIS, David; O’BOYLE, Michael; BATES, Ed; BUCKLEY, Carla. Law of the European Convention on Human Rights. 5th ed. Oxford: Oxford University Press, 2023. Required legal regulations: 1. European Convention on Human Rights, 4 November 1950, as amended 2. Rules of Court – https://www.echr.coe.int/documents/d/echr/rules_court_eng Poslední úprava: Šicnerová Barbora, Mgr. (16.09.2026)
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Students will: · identify the principal human rights organisations in Europe (in particular the Council of Europe, the European Union and the OSCE), describe their institutional structure and explain the functions of their key bodies in the field of human rights protection · understand the basic structure and functioning of the human rights protection system under the European Convention on Human Rights (ECHR), explain the functioning of the European Court of Human Rights and its position within the Council of Europe · identify and describe the basic principles of interpretation of the ECHR (the margin of appreciation doctrine, the living instrument doctrine, subsidiarity, and effective protection of rights) · analyse ECtHR case-law in terms of methods of interpretation and techniques of legal argumentation · define the admissibility requirements for an individual application to the ECtHR, distinguish the individual grounds of inadmissibility and apply them to specific cases · navigate the case-law concerning the right to life and the prohibition of torture and slavery (Articles 2, 3 and 4 ECHR) · explain the content and scope of the right to liberty and security (Article 5 ECHR) and analyse its interpretation in ECtHR case-law · interpret the right to a fair trial (Article 6 ECHR), including its individual components (access to a court, equality of arms, reasonable length of proceedings, etc.) · explain the principle nulla poena sine lege (Article 7 ECHR) and its application in ECtHR case-law · analyse the right to respect for private and family life (Article 8 ECHR), including the positive obligations of States · interpret case-law concerning freedom of thought, conscience and religion (Article 9 ECHR) · analyse case-law concerning freedom of expression and the permissible restrictions on that freedom (Article 10 ECHR) · assess ECtHR case-law relating to freedom of assembly and association (Article 11 ECHR) · interpret ECtHR case-law concerning discrimination (Article 14 ECHR and Protocol No. 12) · explain the protection of property under Article 1 of Protocol No. 1 and analyse permissible restrictions (public interest, proportionality) · identify and interpret other rights enshrined in the additional Protocols (e.g. the right to education, the right to free elections, and the prohibition of the death penalty) and apply them to specific cases · identify the positive and negative obligations of States arising under the ECHR and apply them to specific cases · apply ECtHR case-law to hypothetical cases and demonstrate legal argumentation skills (moot court) · understand the procedural stages of proceedings before the ECtHR, including communication of an application and friendly settlement · analyse the relationship between the ECtHR and domestic courts, including the principle of subsidiarity · explain the mechanism for the execution of ECtHR judgments and the role of the Committee of Ministers · present legal arguments based on ECtHR case-law clearly, both in writing and orally
Poslední úprava: Šicnerová Barbora, Mgr. (16.09.2026)
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It is recommended that students have completed the course Public International Law II before enrolling in this course.
Poslední úprava: Šicnerová Barbora, Mgr. (16.09.2026)
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