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