Rights and Democracy. The multilevel protection of Fundamental Rights and the role of Constitutional and European Courts

CIVIS focus area: Society, culture, heritage
Open to: Master's

Phd
Field of studies: Computer Science and IT

Law

Social Science and humanities
Tipo: Blended Intensive Programmes (BIP)
Course dates: 3 February - 13 June 2025

The course analyzes the complex and delicate phase of the development of contemporary democracies. Special regards are given to the construction of a common European identity, while facing values crisis that jeopardizes the very stability of fundamental rights. In this context, a particular role is played by the dialogue between national constitutional Courts and European Courts.

Thus, the main goal of the course is to offer an opportunity for exploring this problematic framework and to discuss possible perspectives for a democratic "revitalization" in Europe. A particular focus will be on the so-called "dialogue between courts", thanks to the contribution of academic and experts coming from various CIVIS partner universities during the entire programme. For the reasons set out, we intend to invite Master and Phd students to attend virtual classes and to take part in classes and workshops during the physical Summer school on the following main topics:

An introductory overview of the common European heritage. In particular, we will focus on how these relevant common roots have influenced the notion of “fundamental right”, the idea of human dignity as well as political institutions and laws. More in detail, their key contribution in shaping the European civilization and, most importantly, the constitutional and cultural evolution of the modern Western world, will be examined.
The crisis of democracy in Europe and its relationship with the protection of rights. The topic will be dealt also considering the problem of the ever-deepening distance between citizens and institutions of the European Union. Besides, the participatory tools suitable for stimulating the active involvement of civil society in democratic processes, which may give new life to political participation and to citizens’ rights, will be explored.
The most recent trends in the “dialogue” between national constitutional Courts, common jurisdictions, the CJEU and the ECtHR. Nowadays, European Courts and national jurisdictional bodies are part of a well-established transnational judiciary network, which has contributed in building a permanent and mutually influencing dialogue between different constitutional systems and judicial models. In this light, propulsive and homogenizing tendencies coming from supranational Courts will be critically analyzed. It will be payed special attention to the role of the ECtHR and CJEU, by highlighting strengths and weaknesses of the “model” of multilevel protection of rights.
The heterogeneous and undefined complex of the so-called “third” or even “fourth” generation of rights. These “new” rights appear to be relatively complex to define and are not contemplated in democratic Constitutions but recognized through the hermeneutical process by constitutional and European Courts, even by a dialogue between Courts. In this context, we can include some rights to self-determination, rights of minority groups or environmental rights, new social rights and those of vulnerable people, as well as the so-called rights of future generations. The aim of this session is to highlight and discuss some of the most controversial aspects that especially characterize some of them.
The problematic relationship between constitutional Courts and legislative power. This challenging issue will be notably addressed also in the light of the emergence of the above mentioned “new rights”, which are defined exclusively by case-law. This subject will also be explored from the point of view of the decision-making techniques used by Constitutional Courts, focusing on constitutional systems of the country involved in the project.

Main topics addressed

Classes are organized into 4 Topic Sessions:

Rights, Democracy and the Common European Heritage
Democracy and Participation in the EU
The Multilevel Protection of Rights
“New” Rights and Constitutional Courts in the National and European Perspective.

Learning outcomes

The course aims at:

deepening knowledge on the subject of democracy and the protection of rights in the European context;
providing the necessary key skills to understand the decision-making procedures of the constitutional courts and the European courts;
fostering an empirical perspective through the analysis of relevant case law;
encouraging constructive exchanges among participants and between participants and professors or experts in the field;
experiencing international collaboration and teamwork, challenging the difficulties that can arise from different cultural frameworks, inequality and social changes;
enabling participants to develop a debate on the most controversial aspects of multilevel protection of fundamental rights;
providing a comprehensive overview of selected topics and contributing to the academic debate in this field of research.

Dates: 3 February - 13 June 2025	Total workload: 150 hours
Format: Blended	ECTS: 6*
Location: Rome, Italy	Language: English (B2)
Contact: mariagrazia.rodomonte@uniroma1.it

*Recognition of ECTS depends on your home university.

Physical mobility

The physical mobility part will take place from 9 to 13 June 2025, at the Department of Political Science of Sapienza Università di Roma. All activities will be held both in the mornings and in the afternoons.

Generally the afternoon will be dedicated to workshops where participants will be able to put into practice the notions assimilated during the lectures and work together in groups. In particular, it is planned to organize:

an initial opening event to illustrate the various initiatives and welcome the participants;
eight lectures given by professors involved in the project;
three workshops actively involving the students;
a round table discussion on the last day;
a visit to the Italian Parliament.

The lectures and activities planned in person also represent an added value as they will allow students and scholars to exchange research ideas and study experiences, as well as to develop new lines of research for future joint projects.

Moreover, participants will gain the opportunity to be part of the academic community of La Sapienza, which is in fact one of the oldest universities in the world and the largest university in Europe. Its mission is to support the development of a knowledge society through research, excellence, high-quality education as well as international networking. This tradition of research and culture is fully rooted in the humus of a city whose millennial history has helped shape and define Europe's cultural and legal roots.

Virtual part

Virtual classes will take place between 3 February - 30 May 2025 and will be taught by experts and academics, providing insights on the topics, which will be further examined during the physical part.

Students from different universities will be involved in discussions with professors to compare their different backgrounds and share common views and analysis concerning the topics addressed during classes.

Materials for students will be provided and made available in advance through common and shared drives online, in order to provide a common basis for individual work.

Requirements

This course is open to Master's and PhD's students at CIVIS member universities, with background in Social Science, Social Policy, Political Science and Law.

Also, the participants should have excellent English skills (B2), critical thinking, team working skills, problem-solving skills, decision making skills, and strategic planning abilities.

NB: Visiting Students - Erasmus Funding Eligibility

To be eligible for your selected CIVIS programme, you must be a fully enrolled student at your CIVIS home university at the time you will be undertaking the programme. Click here to learn more about the eligibility criteria.

Students from CIVIS’ strategic partner universities in Africa cannot apply for participation in this course.

Application process

Send your application by filling in the online application form by 31 October 2024, including:

CV
Motivation letter

Applications will be evaluated based on:

student's motivation;
correspondence with the indicated background;
ability to be able to communicate fluently in English;
previous team working activities.

Apply now

Assessment

Both during the physical and virtual components, the students will be evaluated by professors on the basis of group activities, consisting in analyzing, discussing and presenting selected case-studies.

In particular, during the virtual part, students will be required to choose a topic related to one of the sessions attended and to write a short essay (max. 4 pages) to be submitted before starting the physical part.

During the physical part, activities will consist of workshop performance and presentations. Small groups of students will be formed in order to carry out one of the following tasks:

Role playing/ simulation: The competent professors may shortly explain the circumstances of a case taken by areal judgment of a national court, the ECtHR or the ECJ. Then, they may assign student roles. The groups could play the different roles within a determined time frame, under the supervision and the coordination of the competent professors.
Practical cases: The competent professors shortly design the circumstances of a problem taken by a real judgment of a national court, the ECtHR or the CJ. The students discuss the solution that could be adopted or the interests/ rights at stake, the techniques used by the court and/ or the court’s decisions. They will finally present the outcomes to the rest of the class.

Blended Intensive Programme

This CIVIS course is a Blended Intensive Programme (BIP): a new format of Erasmus+ mobility which combines online teaching with a short trip to another campus to learn alongside students and professors across Europe. Click here to learn more about CIVIS BIPs.

GDPR Consent

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Maria Grazia Rodomonte, Prof. of Public Law, Sapienza Università di Roma;
Raphaël Déchaux, Prof. of Public Law, University of Lorraine;
Athina Dimopoulou, Prof. of Legal History, National and Kapodistrian University of Athens;
Ludovica Durst, Researcher of Public Law, Sapienza Università di Roma;
Eleonora Iannario, Researcher of Public Law, University of Tuscia;
Antonio Lopez Castillo, Prof. of Constitutional Law, Universidad Autónoma de Madrid;
Daniele Mattiangeli, Researcher of Roman Law, Paris-London University of Salzburg;
Martin Nettesheim, Prof. of European and International Law, University of Tübingen;
Giulia Santomauro, Researcher of Public Law, Sant’Anna Advanced School of Studies of Pisa;
Linos Alexander Sicilianos, Former President of the ECHR; Prof. of International Law, National and Kapodistrian University of Athens;
Octavia Spineanu-Matei, Judge of the EUCJ;
Elena-Simina Tanasescu, Prof. of Constitutional and EU law, University of Bucharest, Judge of the Romanian Constitutional Court;
Giulia Vasino, Researcher of Public Law, University of Urbino.