Learning outcomes of the curricular unit

Understanding the subsidiary character of the ECHR system. Learning and developing a critical standpoint on how to interpret the ECHR. Mastering the requirements on the admissibility of an individual complaint to the European Court of Human Rights (ECtHR), the jurisdiction of the ECtHR and the concept of victim. Applying the doctrine of the margin of the appreciation and the principle of fair balance. Identifying the remedies in case of a violation of the ECHR.

Syllabus

The origin, evolution and rationale of the ECHR in the context of other international systems for the protection of human rights. The admissibility of individual complaints under article 35 of the ECHR. The jurisdiction ratione materiae, ratione personae and ratione temporae of the ECtHR. The interpretation and application of the ECHR: dynamic interpretation, the doctrine of the margin of appreciation, the principle of proportionality and the doctrine of fourth instance. Remedies in case of a violation of the ECHR.The future of the ECHR system in the age of populism.