Saint-Louis University - Bruxelles
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DROI1267 - Advanced Public Freedoms


USL-B


Credits : 5

Lecturer :
Mode of delivery :
Face-to-face , second term, 30 hours of theory.

Timetable :
Second term
Wednesday from 13:30 to 15:30 at 119 Marais 1200

Language of instruction :
The language of instruction is French. Some of the court decisions analysed, however, are in English as they only exist in that language.

Learning outcomes :
- To go further into detail and illustrate, through the analysis of three concrete problems, the subject matter covered in the Course of Constitutional Law II (Hugues Dumont) with regard to the theory of rights and freedoms;
- To bring to light the interactions between the various legal orders and their respective instruments with regard to rights and freedoms: Constitution, Instruments of the Council of Europe, Instruments of the European Union and Instruments of the United Nations;
- To reconsider, in a critical manner, certain major contemporary debates by clarifying the “framework” established by human rights legislation, and underlining on the limits of the framework thus posed: the question of the wearing of ideological signs and the reasonable accommodations; the right of control over one's body, etc.
- To introduce students to the methodologies specific to a branch of law where the “principles”, rather than the “rules”, are largely dominant: importance of Praetorian law, case analyses, etc.

Prerequisites :
Co-requisites :
Course contents :
The course covers three emerging problem areas:
- the protection of human rights as provided for by the legal system of the European Union and the relations existing between this protection and the protection of the same rights jointly provided for by the instruments of the Council of Europe;
- freedom of thought, of conscience and of religion: Delicate balances of a democratic society;
- the right to privacy.

Each one of these problem areas is covered with the help of some “theoretical” elements, given that the essence of the analysis is provided through comments of “national” legal decisions (Belgian or foreign), “European” (CJEU or ECRH) and “international” (U.N. Committees)

Planned learning activities and teaching methods :
The course is taught two hours per week during the second term.

Being an optional course taught in the form of lectures. The lecturer allows and encourages active student participation.

Assessment methods and criteria :
Assessment takes place in the form of an oral examination. The students may have all the relevant statutory texts, as well as the court decisions analysed during the course.

Recommended or required reading :
Included in syllabus appendices

Other information :
The main course materials consist of three documents covering the material presented during the lectures and three syllabus of appendices that include all the relevant excerpts of the court decisions analysed during the course.