Europe and the Rule of Law

The students will compare the legal situation in their countries working out similarities and differences, which are then presented in a common presentation and then written in individual final papers. In addition, there are introductory lectures by the lecturers, who are also intended to support the students in their elaborations.

Main topics

• Formal vs substantial approach (ensuring an independent and impartial judiciary)
• Legal certainty: common law and its development by the courts (esp declaratory power of the high court in Scotland in shaping the judge-made criminal law) 
• Combating impunity in places of detention – holding state officials to account via the law for ill-treatment
• What is the meaning of the rule of law concept in each state (rule of law / rechstaat / état de droit) and the international context (ECHR, ECJ, UN, Venice Commission)
• Inadmissible crime provocation by state authorities and the rule of law
• Freedom of expression and press censorship vs hate speech: What limits for freedom of expression does the rule of law require? 
• Civil law and the rule of law: what are the requirements of the rule of law for civil law? 

Learning outcomes

The aim is to promote the comparative competence of the students in the field of law and to give them a new perspective on their own legal system.