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Module 3:
HUMAN ASPECTS OF THE EUROPEAN INTEGRATION (short description of the subjects)


DEMOCRACY AND HUMAN RIGHTS IN THE EU
syllabus

The aims of the course are to offer doctrinal basis for understanding problems of democratic capacity of the EU polity, the prospects of the EU civil society development and its interrelation with the local and global level of civil society development, and especially the role of human rights in the European Union.

This course encompasses two basic topics: European Union as Democratic Polity, and Human and Minority Rights in the EU.

Problematizing the democratic nature of the EU in terms of its possible democratic deficit, construction of the EU demos identity, legitimacy of the EU institutions, development of the EU civil society, and an analytical approach to the problems of legal regulation, protection and implementation of human and minority rights in the EU in terms of historical retrospective of human rights in the EU, their sources, interpretation, scope of application, separate responsibility of Member States and the EU for human rights violation, possible accession of the EU to the European Convention for the Protection of Human Rights and Individual Freedoms, classification and various nature of protected rights, restrictions of human rights, and remedies for human right violations in the EU, minority protection in the EU, are of the great importance for providing fundamental knowledge and skills that may serve doctrinal and practical endeavours related to the European matters.


EU LAW ON ELIMINATION OF DISCRIMINATION

syllabus

The course is designed to introduce students into the European Union law on equality and non-discrimination. It will be analyzed the principle(s) of equality and non-discrimination and its implementation in the European law and practice. The focus will be on the elimination of discrimination in human rights context of the European Union law, that is based on the idea of benefits from diversity in a multicultural society. During the course, different grounds for discrimination will be discussed, such as: nationality, race, sex, sexual orientation, racial and ethnic origin, religion or belief, disability and age. The role that the non-discrimination rules are playing in realization of internal market will be also discussed. Available remedies and effectiveness of the anti-discrimination EU law will be critically evaluated.

This course should provide students with an in-depth knowledge and understanding of the impact of the substantive EU discrimination law. Students will be offered a possibility to further develop ability to understand complex concepts and to approach practical problems in an objective and analytical way. Before all, this course should advance their understanding of equality, comparability and proportionality. Also, students should develop critical awareness of the merits and shortcomings of the European system, and identify potential roles for themselves in the promotion of equality and non-discrimination. Finally, after the completion of this course, students should be able to conduct independent research on legal topics in relation to EU discrimination law.

LABOUR AND SOCIAL LAW IN THE EU - HUMAN RIGHTS ASPECT

syllabus


Importance of the Course contents is to stress the legal components of the European social law model (Concept used by European institutions), based on social protection and sound economic performance. The concept comprises various components - social acquis, social policy, social and economic cohesion, and social integration, but above all the crucial importance of fundamental social rights and mechanism of their protection at European level. Fundamental social rights are guaranteed by CE Revised European Social Charter and European convention on human rights and freedoms (art. 4 and 11), regulations of European Community law, including Charter of fundamental social rights of workers (1989) and Charter of Nice (2000). Selected case law of ECHR and European Committee for social rights (CE) and case law of European Court of Justice are analysed. Collective social rights - legal aspects of European social dialogue at different levels and institutions of industrial democracy (European Works Council) are treated as well.

EU ENVIRONMENT POLICY AND LAW - ASPECTS OF HUMAN RIGHTS

syllabus


The POGESTEI EU Environment Policy and Law - Aspects of Human Rights Course is complimentary with other courses presented within the Human Aspects of European Integration Module (V). As a course in policy and law, is represents a base for students to acquire the basic knowledge of EU environmental policy and law by means of researching and analyzing literature, EU and other international environmental policy documents and legal sources, as well as available Internet sources in this field. In the context of "European Integration Law", this course is to ensure a quality approach to outstanding environmental policy and legal issues facing the EU and countries within its immediate geographical and political neighbourhood. Apart form the general framework of environmental policy and law, students will acquire knowledge from different legal fields such as constitutional, penal, civil and administrative law and see how they interact, both with reference to preventive actions (e.g. work licenses, etc.) and repressive measures (e.g. mandatory fines, due process, liability, etc).

The course content includes the following topics: Theoretical concepts of environmental policy and law. Development of environmental policy and law (ancient times, middle ages, new millennium). The United Nations and environmental policy and law (UNEP). Basic principles of environmental policy and law (Rio and Stockholm Declarations). The Aarhus Convention (three pillars of environmental protection: access to information, participation of the public, access to justice). The Kyoto Protocol and Agenda 21. The Basel Convention. Council of Europe and environmental policy and law. European Convention on the Protection of Human Rights and the right to a healthy environment. Convention of Civil Liability caused by Hazardous Activity. Primary sources of European environmental policy and law (Paris, Rome and Maastricht Agreements). Secondary sources of European environmental policy and law (directive, regulations, opinions). Comparative approach - environmental policy and law in Nordic countries. Comparative approach - environmental policy and law in the republics of former Yugoslavia. Environmental policy and law in Serbia (and Montenegro). Local agenda 21 and environmental policy and law. Role of non-governmental organizations and environmental policy and law.

The teaching staff consists of Prof.Dr. Stevan Lilić and Doc.Dr. Monika Milošević (Faculty of Law Belgrade) and Prof.Dr. Rodoljub Etinski, Asst.Mr. Petar Ðundić and Asst.Mr. Dragana Ćorić (Faculty of Law Novi Sad).