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DRHO2130 - Right to a Fair Trial
USL-B
Credits :
4
Lecturers :
Mode of delivery :
Face-to-face , second term, 30 hours of theory.
Language of instruction :
French
Learning outcomes :
By the end of the course, the students should be capable of reading, understanding and analyzing the decisions of the European Court of Human Rights related to the right to a fair trial and to situate them, from a critical perspective, in the wider context of the Court's case law.
Prerequisites :
None
Co-requisites :
None
Course contents :
The course proposes a detailed analysis of article 6 of the European Convention of Human Rights as well as of the related case law, which gives the article its substance.
It has two main components.
(I) After having determined the methods of interpreting article 6 of the European Convention of Human Rights, the course first goes about circumscribing article 6's field of application and examining the “cross-disciplinary” guarantees applicable to any lawsuit (civil, criminal, administrative, constitutional, disciplinary, etc.): taught by the first co-lecturer.
(II) The course then proceeds with a thorough analysis of the procedural guarantees more specifically applicable to criminal trials: taught by the second co-lecturer.
Planned learning activities and teaching methods :
Teaching takes place in the form of lectures. In light of the course's highly specific nature as well as its essentially jurisprudential dimension, the analysis of the Court's decisions constitute a technique favoured by the lecturers. The learning process promotes an interactive approach.
Assessment methods and criteria :
Assessment is based on an oral examination which covers the subject material discussed during the course and which is held before both lecturers.
The questions aim to measure the students' level of knowledge and their capacity to read, understand and explain the decisions handed down by the European Court of Human Rights.
Throughout the examination, the student may have printed copies of the Court's decisions (without annotations) referred to during the course (on the other hand, they may not have their class notes).
Recommended or required reading :
Marie-Aude Beernaert et Frédéric Krenc, Le droit à un procès équitable dans la jurisprudence de la Cour européenne des droits de l'homme, Anthemis, 2019.
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