Access to justice in a multilevel constitutional system

A.A. 2018/2019
Insegnamento per
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
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.

Struttura insegnamento e programma

Edizione attiva
Lezioni: 42 ore
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.
Informazioni sul programma
The purpose of the course is to examine the fundamental legal tools and safeguards granting human rights' effectiveness in view of sustainable development. The course follows a constitutional approach in a European perspective focusing on the analysis of the multilevel system to protect human rights in the European legal framework. The right to a fair trial in particular, with its main guarantees - from the right to an effective remedy before a tribunal to the right to obtain the execution of judgments -, constitutes the basic prerequisite for any investigation on the protection and implementation of fundamental rights. Under this aspect the UE law and the COE law play a crucial role in identifying the common contents of the access to justice through the so-called "autonomous notions" developed by the European Court of Justice and by the European Court of Human Rights case law. The equivalent national guarantees are taken into consideration dedicating a specific attention also to the analysis of interaction between the European level of protection and the national one.
Prerequisiti e modalità di esame
Students are evaluated through partial exams taken during the course (case-studies, work-in-team and individual presentations). 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.
Metodi didattici
Class attendance is mandatory. A good command over constitutional, European and international law is recommended.
The course is structured on lectures, case-studies, work-in-team. Students are called to examine the ECJ, the ECtHR, the domestic jurisprudence and to participate to the activities carried out in class.
Materiale didattico e bibliografia
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.
Primo semestre
Primo semestre
Modalità di valutazione
Giudizio di valutazione
voto verbalizzato in trentesimi
Il mercoledì previo appuntamento.
Dipartimento di Diritto pubblico italiano e sovranazionale - sezione di Diritto costituzionale