Course 2026-2027 a.y.

The course begins with a historical and theoretical overview of the concepts of “civil liberties” and “fundamental rights”, focusing on the mechanisms developed for their protection at the national, supranational, and international levels.

The main topics addressed during the course include:

• concepts and theories of rights from a historical and comparative perspective;
• constitutional and judicial protection of rights within domestic legal systems, with examples drawn from both European and non-European jurisdictions;
• the European systems of rights protection, with particular attention to the European Convention on Human Rights and the European Union framework;
• the interaction, tensions, and forms of cooperation between domestic, supranational, and international systems of rights adjudication.

• Describe the historical development of civil liberties and fundamental rights across different constitutional traditions.
• Explain the role of fundamental rights within contemporary multilevel systems of legal protection.
• Identify the main mechanisms developed at the domestic, European Union, and international levels for the protection of fundamental rights.
• Understand the role of courts in the adjudication and balancing of competing rights and interests.
• Explain the interaction between domestic and European systems of rights protection, with particular attention to judicial dialogue and constitutional tensions.

• Critically assess how rights are protected in the context of the European multilevel legal orders.
• Critically evaluate potential conflicts deriving from the interplay between national and European mechanisms for protecting rights.
• Combine (national and European) legal materials to build legal arguments concerning the balancing between competing rights and conflicting interests. 

• Lectures
• Guest speaker's talks (in class or in distance)
• Collaborative Works / Assignments
• Interaction/Gamification

Lectures provide students with the theoretical and conceptual framework necessary to understand the historical development of fundamental rights, the structure of multilevel rights protection, and the role of courts in constitutional adjudication. Particular attention is devoted to the interaction between domestic, European Union, and European Convention on Human Rights systems.

Guest speakers’ talks (in class or online)

The course includes guest lectures delivered by scholars, practitioners, and legal professionals working in the fields of constitutional law, human rights, and European law. These interventions expose students to different methodological and professional perspectives and allow them to engage with contemporary debates concerning rights adjudication and judicial protection.

Collaborative works / assignments

Students will work in small groups on case-law analysis, presentations, and short assignments related to the topics discussed during the course. These activities are designed to encourage comparative reasoning, critical discussion, and the ability to connect legal doctrines with broader constitutional and societal developments.

Interaction

Interactive teaching methods will be used throughout the course in order to stimulate active participation and practical engagement with the material. These activities may include simulations, guided debates, role-playing exercises, polls, and problem-solving activities based on constitutional and human rights cases. Such methods aim to strengthen students’ argumentative skills and their ability to balance competing rights and interests in concrete legal scenarios.

Attending students are expected to actively participate in class discussions and interactive activities throughout the course.

The assessment of attending students is based on the following components:

• Collaborative project / oral presentation (30%)
  Students will participate in individual or group activities aimed at discussing and presenting selected issues related to fundamental rights protection, constitutional adjudication, and multilevel rights protection. Depending on the organization of the course, these activities may include collaborative projects or public-oriented dissemination exercises. This component is intended to assess students’ ability to explain legal concepts, engage critically with case law and scholarly debates, and communicate legal arguments effectively.
• Interactive activities and class participation (20%)
  Through simulations, guided debates, case-law discussions, and other interactive exercises, students will be encouraged to apply legal reasoning to concrete scenarios involving competing rights and constitutional tensions. This component evaluates active participation, argumentative skills, and the ability to engage with comparative and multilevel approaches to rights protection.
• Final written exam (50%)
  The final examination assesses students’ knowledge and understanding of the course topics, their ability to discuss judicial approaches to rights adjudication, and their capacity to connect domestic and supranational systems of protection.

Non-attending students will be assessed exclusively through a final written examination (100%).

The written examination aims to verify:

• knowledge and understanding of the theoretical and institutional dimensions of fundamental rights protection;
• familiarity with the main legal sources and case law discussed in the course;
• the ability to critically discuss the interaction between domestic, European Union, and European Convention systems of rights protection.

Non-attending students are expected to prepare the additional readings indicated in the syllabus.

Thomas Mertens, A Philosophical Introduction to Human Rights, CUP, Ch. 1

Janneke Gerards, General Principles of the European Convention on Human Rights and the European Union, Chs. 1-5 and 7

Eleanor Spaventa, “EU Fundamental Rights”, in Barnard and Peers Eu Law, OUP last ed., Ch 9.  

Monica Claes, ‘National Identity and the Protection of Fundamental Rights’ (2021) 27 European Public Law 517.