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Lecturer(s)
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Šišková Naděžda, doc. et doc. JUDr. Ph.D.
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Hamuľák Ondrej, JUDr. Ph.D.
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Bureš Pavel, JUDr. Ph.D.
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Course content
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The concept and attributes of human rights. Differentiation of individual terms. Generation of human rights. Human rights, fundamental rights, civil rights, rights and freedoms - specifics in the intentions of European Union law. The Convention for the Protection of Human Rights and Fundamental Freedoms and its genesis. Amendments based on additional and revising protocols. Temporal, territorial and personal scope of the ECHR. Material scope and standard of human rights protection under the European Convention. Catalogue of rights protected by the Convention. Strasbourg control mechanism for the protection of human rights. Execution of the Court's judgments and supervision over them by the Committee of Ministers. ?Reform of reforms? based on Protocol No. 14, Protocol No. 15 and Protocol No. 16 to the Convention, content and nature of the amendments, impacts on individuals. Human rights protection at the EC/EU level - development of fundamental rights protection within the framework of European integration, retrospective view of human rights protection at the EU level. Sources of human rights at the EU level. Development of the judicial doctrine of fundamental rights in the case law of the Court of Justice of the EU. Fundamental rights as part of general principles of law. Unwritten "catalogue" of human rights based on the case law of the CJEU. Prerequisites for the creation of the first comprehensive catalogue of human rights at the level of supranational entities. EU Charter of Fundamental Rights. Structure and content of the EU Charter of Fundamental Rights. Specifics of the Charter in terms of its substantive scope and comparison with the Convention mechanism. "Explanations relating to the Charter", their status and impacts. Distinction between "rights" and "principles" based on Explanations. Horizontal provisions of the Charter and their impact on the scope of protected rights. Protocol No. 30 to the Treaty of Lisbon. "On the application of the EU Charter of Fundamental Rights in Poland and the United Kingdom" in the light of current developments. The relationship between the case law of the Luxembourg Court and the judicial practice of the constitutional courts of the Member States - "Solange saga". European findings of the Constitutional Court of the Czech Republic and their human rights dimension. Case-law of the CJEU in the field of human rights and acts of other international organizations. Deepening the "Solange test," convergence of the positions of the CJEU and the ESP in the light of the doctrine of "equivalent protection" / Bosphorus, Michaud /. "Kadi saga" and its implications for European and international law. Issues of EU accession to the European Convention on Human Rights. Attempts at accession in the history of European integration - analysis of Opinion No. 2/94 of the ECJ "Accession of the EC to the Convention". Subsequent development, adjustment of accession on the basis of the Lisbon Treaty - Article 6 (2) TFEU and the Accession Protocol. Negotiations on accession during the Spanish, Belgian and Polish presidencies. Analysis of Opinion 2/2013 of the CJEU on the agreement on the accession of the EU to the Convention - reasons for the negative opinion. Prospects for further development. Human rights as an integral part of mechanisms for the protection of common European values. Article 2 TEU and its significance for European law. The European Union concept of the rule of law and its content. Respect for the principles of the rule of law as a condition for the functioning of the area of freedom, security and justice. Existing instruments for ensuring human rights as part of common European values, including the latest (Regulation 2020/2092). Mechanisms for the protection of social rights in the European region. Regulation of social rights on the basis of the European Social Charter and the revised European Social Charter and the specifics of their control mechanism.
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training)
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Learning outcomes
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The aim of the course is to deep the students knowledge in the topic of human rights protection within the European union. It is focused on the description of the general position of the EU in this field and on possibilities of the human rights protection by the EU legal tools. It includes the evaluation of the ECJ and ECtHR case law with the special intent on comparison of relations between these two systems.
Students who have completed this course will gain the knowledge about several possibilities of the human rights protection in different protection systems in Europe. They will become familiar with the skills useful for resolution of the future human rights cases in their practice.
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Prerequisites
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Completion of this course is not conditional upon completion of some other courses.
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Assessment methods and criteria
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Seminar Work
It is essential that those students who would like to get the credit must have attendance within the scope set by the seminar teacher and succeed in the written test and oral exam.
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Recommended literature
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Bartoň a kol. (2016). Základní práva. Praha.
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Hamuĺak,O., Mazák, J. (2017). The Charter of Fundamental Rights of the European Union vis-á-vis Member States_ Scope of its Application in the View of CJEU.Czech Yearbook of Public and Private Law, 2017/8.
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Jankuv. J. (2018). Mechanizmy ochrany ľudských environmentálních práv. Praha.
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Mazák, J.; Jánošíková, M. et al. (2016). Charta základných práv Európskej únie v konaniach pred orgánmi súdnej ochrany v Slovenskej republike. Košice.
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Šišková, N. (2018). Aktuální právní nástroje EU k posílení právního státu, Právní rádce 12/2018, s. 56-60.. Právní rádce 12/2018.
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Šišková, N. ed. (2024). At. Legal Issues of Digitalisation, Robotisation and Cyber Security in the Light of EU Law..
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Šišková, N. et al. (2018). The European Union - What is Next? A Legal Analysis and the Political Visions on the Future of the Union.. Wolters Kluwer Deutchschland.
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Šišková, N. (2021). Lidskoprávní mechanismy na úrovni EU a otázky související. Praha.
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Šišková, N. (2024). Rule of Law as an Integral Part of the Common European Values, European Studies. The Review of European Law, Economics and Politics, 2024/1, pp. 17-36..
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Šišková, N. (2024). Společné evropské hodnoty a efektivita právních nástrojů pro jejich ochranu. Jurisprudence, 2024/2.
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Šišková, N. (2019). The EU Concept of the Rule of Law and the Procedures de lege lata and de lege ferenda. International and Comparative Law Review.
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Šišková, N. (2025). The EU Protection of Human Rights ? a Unique Systém in the Unique Times (What i tis and What it Could be): European Studies-The Review of European Law, Economics and Politics 2025/1, str.15-37.
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