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
Prohibition of discrimination
European Convention on Human Rights and Administrative Law
Literature
MANDATORY LITERATURE
Gomien, Donna; Short guide to the European convention on human rights; Council of Europe Publ (2005)
European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols
RECOMMENDED LITERATURE
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
Learning outcomes
Analyze the interaction of Administrative law and the Convention
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CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
9. Analyze various aspects of the Croatian legal order, including a
comparative perspective.
13. Combine legal institutes and principles of the modern legal system. -
COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Analysis
-
SKILLS
Research skills, writing of scientific papers, the ability to create new
ideas, ability to implement knowledge in practice -
LEARNING CONTENT
Course content:
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 -
TEACHING METHODS
Lectures, guided discussion
Analyze various violations of protected rights in specific administrative matters
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CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
3. Explain the position and importance of legal science and the
relationship to other scientific disciplines.
9. Analyze various aspects of the Croatian legal order, including a
comparative perspective.
13. Combine legal institutes and principles of the modern legal system. -
COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Evaluation
-
SKILLS
Research skills, writing of scientific papers, the ability to create new
ideas, ability to implement knowledge in practice -
LEARNING CONTENT
Course content:
1. 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 -
TEACHING METHODS
Lectures, guided discussion
Predict the outcome of a complaint before the ECtHR
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CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
2. Define basic concepts and institutes and basic doctrines and principles
of individual branches of law.
4. Classify and interpret the normative framework relevant to a
particular branch of law.
9. Analyze various aspects of the Croatian legal order, including a
comparative perspective. -
COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Evaluation
-
SKILLS
Research skills, writing of scientific papers, the ability to create new
ideas, ability to implement knowledge in practice -
LEARNING CONTENT
Course content:
1. Admissibility of applications before the European Court of
Human Rights
2. Admissibility ratione loci, personae, temporis and materiae
3. 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 -
TEACHING METHODS
Lectures, guided discussion
Understand the setup of Council of Europe and the reasons that led to the adoption of the Convention
-
CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
9. Analyze various aspects of the Croatian legal order, including a
comparative perspective.
13. Combine legal institutes and principles of the modern legal system. -
COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Evaluation
-
SKILLS
Research skills, wrting of scientific papers, the ability to create new
ideas, ability to implement knowlege in practice -
LEARNING CONTENT
Course content:
1. Council of Europe and the adoption of the Convention for the
protection of human rights and fundamental freedoms
2. Establishment of the review and monitoring system -
TEACHING METHODS
Lectures, guided discussion
