EUROPEAN CONVENTION ON HUMAN RIGHTS AND ADMINISTRATIVE LAW:
European Convention on Human Rights and Administrative Law
European Convention on Human Rights and Administrative Law
Study: Civil Law - 9. semester
Commercial Law - 9. semester
Constitutional-Administrative - 9. semester
Criminal Law - 9. semester
International Law - 9. semester
The European Union Law - 9. semester
Code: 133429
ECTS: 4.0
Course coordinators: prof. dr. sc. Jasna Omejec
prof. dr. sc. Marko Šikić
izv. prof. dr. sc. Frane Staničić
doc. dr. sc. Mateja Held
izv. prof. dr. sc. Lana Ofak
doc. dr. sc. Marko Turudić
Exam dates:
  • 11. 11. 2019.
  • 27. 01. 2020.
  • 10. 02. 2020.
  • 20. 04. 2020.
  • 01. 06. 2020.
  • 15. 06. 2020.
  • 29. 06. 2020.
  • 31. 08. 2020.
  • 14. 09. 2020.
Exam registration: Studomat
Basic data
European Convention on Human Rights and Administrative Law Civil Law - 9. semester
Commercial Law - 9. semester
Constitutional-Administrative - 9. semester
Criminal Law - 9. semester
International Law - 9. semester
The European Union Law - 9. semester
4.0 133429
Lecturer in charge Consultations Location
prof. dr. sc. Jasna Omejec

Tuesday from 18:30 to 20:00

Ćirilometodska 4, room 10 / prizemno
prof. dr. sc. Marko Šikić

Wdenesdays from 4PM-5:30PM

Ćirilometodska 4, room 25, I. kat
izv. prof. dr. sc. Frane Staničić

Tuesdays from 10:30AM-12PM

Ćirilometodska 4, room 11/prizemno
doc. dr. sc. Mateja Held

Thuesdays from 12:30PM-14PM

Ćirilometodska 4, room 44/potkrovlje
izv. prof. dr. sc. Lana Ofak

Wednesdays from 10:30AM-12PM

Ćirilometodska 4, room 3/prizemno
doc. dr. sc. Marko Turudić

Wednesdays; 10AM-11:30AM

Ćirilometodska 4, room 40A/potkrovlje
Literature
Gomien, Donna; Short guide to the European convention on human rights; Council of Europe Publ (2005)
van Dijk, Pieter et al.; Theory and practice of the European convention on human rights (selected chapters); Intersentia (2006)
Selected case law of the European Court of Human Rights;
1) European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols;
Description
The main objective of the course is to develop understanding of protection of human rights and fundamental freedoms in administrative matters, as guaranteed by the European convention for the protection of human rights and fundamental freedoms. Within this general objective, students will learn about the direct applicability of the European convention on human rights in administrative procedures (procedures before the public administration bodies) and in administrative disputes (procedures before the administrative courts). At the end of the course students will be expected to understand the European convention as a living instrument that has to be interpreted in the light of present-day condition. The course will explore the "evolutive" interpretation by the European court of Human Rights of various Convention requirements which has generally been "progressive", in the sense that it has gradually extended and raised the level of protection afforded to the rights and freedoms guaranteed by the Convention.
The course units will cover these topics:
1) Introduction to administrative law
Administrative procedure
Judicial review system (administrative disputes)
Constitutional complaint in administrative matters
2) Council of Europe and the adoption of the Convention for the protection of human rights and fundamental freedoms
Establishment of the review and monitoring system
3) Admissibility of applications before the European Court of Human Rights
Admissibility ratione loci, personae, temporis and materiae
The "victim test"
4) Application of the European Convention in specific administrative matters:
Administrative matters with regards to status rights of nationals and aliens - personal name, state registry, residence, citizenship, asylum etc. (right to respect to private and family life, prohibition of expulsion of nationals, prohibition of collective expulsion of aliens, procedural safeguards relating to expulsion of aliens)
Freedom of thought, conscience and religion (establishment and status of religious communities)
Freedom of expression (freedom of information)
Freedom of Assembly and Association
Protection of property (expropriation procedures)
Protection of Human Rights and Environment
Right to a fair trial (administrative procedure and judicial review)
Effective Remedy
Discrimination
Exam dates
11. 11. 2019.
27. 01. 2020.
10. 02. 2020.
20. 04. 2020.
01. 06. 2020.
15. 06. 2020.
29. 06. 2020.
31. 08. 2020.
14. 09. 2020.
Detailed data
Cognitive Skills:

General knowledge:

  1. Students will be trained to perform all professional administrative work in state administration bodies and other state bodies, administrative bodies of local and regional governments, courts, public institutions and other public authorities in accordance with the European Convention on Human Rights
  2. Students will be trained to recognize and detect any violations of the European Convention on Human Rights by public authorities

 

 

Practical and Generic Skills:

Specific knowledge:

  1. Performing administrative procedures and judicial review (administrative disputes procedures) in conformity with the European Convention
  2. Differentiating rights and freedoms in order to detect possible violations of the European Convention
  3. Describing the review and monitoring system established by the European Convention
  4. Challenging domestic decisions and procedures with regard to violations of the European Convention
  5. Drafting application for initiating procedure before the European Court of Human Rights
  6. Initiating procedures for modification of final decisions in domestic procedures after the European Court of Human Rights determined the violation of the European Convention
Matching Assessments to Learning Outcomes:

Oral examination at the end of the course