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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).
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