Access to justice in a multilevel constitutional system

A.A. 2020/2021
Crediti massimi
Ore totali
Obiettivi formativi
- Analyzing the different systems of protection of human rights (EU law; Coe law and national level);
- Examining the European law framework;
- Analyzing the relationship between the European law system (UE and COE) and the domestic one.
- Examining the relevant European and domestic case law.
Risultati apprendimento attesi
By the end of this course, students should be able to:
- interpret the European legal framework on the access to justice;
- understand and evaluate critically the relevant jurisprudence developed by the European Courts and by the domestic Supreme Courts;
- understand and evaluate critically the relationship between the European and the national guarantees protecting the access to justice;
- use their communication skills (written and oral) in this field, including arguing convincingly, with logical and legal thoroughness and propriety of legal language.
Programma e organizzazione didattica

Single session

Primo semestre
Lectures will be delivered live with simultaneous streaming online.
All the information will be published on the Ariel dedicated website where any changes due to a new eventual lockdow will be promptly communicated.
The final exam will be oral. If it will be impossible to hold the oral exam face to face, it will take place remotely, via Microsoft Teams. On the Ariel dedicated website will be published the necessary information.
Part I. An overview of national and regional systems for human rights protection
1. Structure, jurisdiction and purpose.
2. Models of integration, cooperation and coordination of different levels of protection.

Part II. The challenge of human rights effectiveness: the right to a fair trial
1. Key aspects of the right of access to a Court.
2. Challenges and limitations on the right of access to justice.
3. Individual application to the European Court of Human Rights.

Part III. Instrumental rights v substantive rights.
4. Comparison between the national and supranational case-law concerning the right to a fair trial as the main instrumental right.
5. The right to a fair trial as a key to protect the rights to life, health, environment and housing.
LLM students must have passed all the exams of the first year.
In any case a good command over constitutional, European and international law is recommended.
A level B2 of English is required.
Metodi didattici
Class attendance is mandatory (three-fourths lessons required).
The course is structured on lectures, case-studies, work-in-team.
Students are called to examine the ECJ, the ECtHR and the domestic jurisprudences. They must participate to the activities carried out in class.
Materiale di riferimento
A list of suggested and mandatory readings and the didactic material is available on-line (ARIEL). The detailed course programme is provided at the beginning of the course.
Modalità di verifica dell’apprendimento e criteri di valutazione
Students are evaluated through partial exams taken during the course (case-studies, work-in-team and individual presentations). The assessment will take into account: the knowledge of the programme contents, the ability for critical reasoning and for comprehensive and thorough oral presentation, the capacity to apply the formal language acquired. It will be also avaluated the ability for working in team and to contribute to the discussion during the course.
The final mark consists of the average of the marks obtained in the partial exams. Those students who do not accept the average mark can register for an oral colloquium during the official exam sessions.
Lezioni: 42 ore
Il mercoledì previo appuntamento.
Dipartimento di Diritto pubblico italiano e sovranazionale - sezione di Diritto costituzionale