LAU44039 Democracy, Human Rights and European Law

Learning Outcomes

Having successfully completed this module, students should be able to:

• Demonstrate specialised, self-directed knowledge of an area of law through examination of a ‘real-life’ legal research problem or a theme within a research group.
• Collaborate with peers and act in leadership roles.
• Constructively evaluate the work of others.
• Synthesise and evaluate a variety of legal research methods, legal sources, findings and analysis.
• Critically analyse an area of law through independent research.
• Consult with and respond to the needs of research users.
• Effectively communicate research findings.

Module Content

In different ways, both the European Union (EU) and the Council of Europe seek to protect and promote democracy and human rights. Democracy, the rule of law and human rights are amongst the values upon which the EU is founded (Art 2 TEU). The human rights recognised by the Union are identified in more detail in the EU Charter of Fundamental Rights. The Council of Europe possesses a range of instruments and processes through which it addresses these issues. Most prominently, this includes the European Convention on Human Rights, which is interpreted and applied by the European Court of Human Rights (ECtHR). It is clear, however, that Europe’s architecture for upholding democracy and human rights is under strain. This has been most manifest in the ‘rule of law crisis’ that arose in several European states where safeguards of democracy underwent a significant deterioration. Notably, this included measures that weakened or undermined the independence of the judiciary. This capstone group provides students with an opportunity to explore a range of topics that relate to this overarching theme. This includes, but is not limited to, the following issues:

• The role of the Court of Justice of the EU (CJEU) and/or the ECtHR in upholding judicial independence.
• The effectiveness of EU measures to maintain the rule of law in its Member States: eg the EU rule of law toolbox.
• The role of EU institutions in safeguarding and enforcing EU values.
• The relationship between the EU and the Council of Europe: eg the potential accession of the EU to the ECHR.
• Comparative studies of challenges to democracy and/or human rights in European states.
• Explorations of specific human rights issues in the European context: eg freedom of expression/media freedom, LGBT+ rights in EU law and/or under the ECHR.
• The impact of the EU Charter of Fundamental Rights on the protection of human rights in EU law or in the law of the Member States.

Assessment Details

• Individual Project: 85%
• Group Presentation: 15%
• Reflective Journal: Pass/Fail
• Participation: Pass/Fail