This learning unit is not being organized during year 2024-2025.
Teacher(s)
El Berhoumi Mathias (compensates Van Drooghenbroeck Sébastien); Van Drooghenbroeck Sébastien;
Language
French
Prerequisites
The prerequisite(s) for this Teaching Unit (Unité d’enseignement – UE) for the programmes/courses that offer this Teaching Unit are specified at the end of this sheet.
Learning outcomes
At the end of this learning unit, the student is able to : | |
| - To go further into detail and illustrate, through the analysis of three concrete problems, the subject matter covered in the Course of Constitutional Law II (Hugues Dumont) with regard to the theory of rights and freedoms; - To bring to light the interactions between the various legal orders and their respective instruments with regard to rights and freedoms: Constitution, Instruments of the Council of Europe, Instruments of the European Union and Instruments of the United Nations; - To reconsider, in a critical manner, certain major contemporary debates by clarifying the “framework” established by human rights legislation, and underlining on the limits of the framework thus posed: the question of the wearing of ideological signs and the reasonable accommodations; the right of control over one’s body, etc. - To introduce students to the methodologies specific to a branch of law where the “principles”, rather than the “rules”, are largely dominant: importance of Praetorian law, case analyses, etc. |
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Content
The course covers three emerging problem areas:
- the protection of human rights as provided for by the legal system of the European Union and the relations existing between this protection and the protection of the same rights jointly provided for by the instruments of the Council of Europe;
- freedom of thought, of conscience and of religion: Delicate balances of a democratic society;
Each one of these problem areas is covered with the help of some “theoretical” elements, given that the essence of the analysis is provided through comments of “national” legal decisions (Belgian or foreign), “European” (CJEU or ECRH) and “international” (U.N. Committees)
- the protection of human rights as provided for by the legal system of the European Union and the relations existing between this protection and the protection of the same rights jointly provided for by the instruments of the Council of Europe;
- freedom of thought, of conscience and of religion: Delicate balances of a democratic society;
Each one of these problem areas is covered with the help of some “theoretical” elements, given that the essence of the analysis is provided through comments of “national” legal decisions (Belgian or foreign), “European” (CJEU or ECRH) and “international” (U.N. Committees)
Teaching methods
The course is taught two hours per week during the second term.
Being an optional course taught in the form of lectures. The lecturer allows and encourages active student participation.
Being an optional course taught in the form of lectures. The lecturer allows and encourages active student participation.
Evaluation methods
Oral examination. The students may have all the relevant statutory texts, as well as the court decisions analysed during the course.
Other information
The teaching material consists of two basic documents (syllabi) structuring the presentation, supplemented by two appendix syllabi reproducing the relevant extracts from the decisions analyzed. Slides complete the syllabi.
Bibliography
Voir Syllabus d'annexes
Faculty or entity
