Study:	Civil Law - 9. semester Commercial Law - 9. semester Constitutional-Administrative - 9. semester Criminal Law - 9. semester International Law - 9. semester The European Union Law - 9. semester
Code:	79165
ECTS:	4.0
Course coordinators:	prof. dr. sc. Zlata Đurđević prof. dr. sc. Elizabeta Ivičević Karas
Exam dates:	10. 06. 2024. 24. 06. 2024. 08. 07. 2024. 26. 08. 2024. 09. 09. 2024. Exam registration: Studomat

Literature:

Convention for the Protection of Human Rights and Fundamental Freedoms Protocols; , str

Optional literature:

The ECHR in 50 questions; , str The Standard Approach under Articles 8-11 ECHR and Article 2 ECHR; Korff, Douwe; , str In-class presentations; , str

Description:

The course introduces students with the European standards for the protection of human rights in the area of criminal procedural law and criminal justice in general, which have arisen out of the jurisprudence of the European Court for Human Rights in Strasbourg. In Europe, the system for the protection of human rights represents a multilevel structure which includes instruments originating from the framework of the United Nations, the Council of Europe, the European Union, and national constitutions. The European Convention for the Protection of Human Rights and Fundamental Freedoms which was adopted in the framework of the Council of Europe, represents the most important instrument for the protection of individual human rights in Europe, which exerts significant impact on the national criminal justice systems. Its effects and strength arise out of the existence and functioning of its supervision mechanism which is established through the European Court for Human Rights the jurisprudence of which has supranational effect and which decides on the individual complaints filed against the Contracting States. In the introductory part of the course an overview of the background, development and legal effects of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the jurisprudence of the European Court for Human Rights is given. The major part of the course is dedicated to the deepening of students' knowledge of human rights and freedoms guaranteed by the Convention which relate to the area of criminal justice, such as: right to life, prohibition of torture and other cruel and inhuman treatment and punishment, right to liberty and security, right to fair trial (in criminal procedure), right to respect for private and family life, home and correspondence, freedom of expression, and prohibition of discrimination. Special attention is dedicated to the Court's rulings rendered in the proceedings against the Republic of Croatia.

Cognitive Skills:

Knowledge and understanding

After successfully completing the course, students will be able to:

 

After successfully completing the course, students will be able to:

Define individual human rights guaranteed by the European Convention for the protection of human rights and fundamental freedoms (the Convention) which are relevant for criminal law in a wider sense: substantive criminal law and criminal procedural law.

Explain the concept of negative and positive obligations of the state according to the Convention.

Explain the structure of the articles of the Convention and permitted restrictions of conventional rights.

Explain the relation betwen national criminal justice and international - conventional - protection of human rights.

Explain the organisation of the European Court of Human Rights and functioning of the conventional mechanism of human rights protection.

Explain the significance of supranational effect of the European Court of Human Right's judicature.

Describe the mechanism of control over execution of the judgments of the European Court of Human Rights.

Discuss the European Court of Human Right's judgments in criminal cases against the Republic of Croatia.

 

Application

After successfully completing the course, students will be able to:

- Distribute individual rights guaranteed by the national legislature with regard to conventional rights and fundamental freedoms.

Apply knoiwledge on conventional law to the decisions from the practice of national courts and other criminal procedure bodies.

Illustrate the process of implementation of conventional law to national legislation and practice.

Interpret judgments of the European Court of Human Rights in criminal cases.

 

Analysis

After successfully completing the course, students will be able to:

Connect the subsidiary jurisdiction of the European Court of Human Rights and the importance of the efficient protection of conventional rights on the national level.

Distinguish conventional obligations of the state with regard to the concept of positive and negative obligations.

Analyse European Court of Human Right's judgments in criminal cases.

Indicate main shortcomings of domestic legislation and practice considering conventional violations determined in the judgments of ECHR in criminal cases against the Republic of Croatia.

 

Synthesis

After successfully completing the course, students will be able to:

Formulate conclusions about the significance of ECHR judgments for national criminal law.

Prepare a presentation of arguments of the applicant for protection of a certain conventional right within a simulation of discussion before ECHR in a case against the Republic of Croatia.

Prepare a presentation of the arguments of a state sued for violation of a certain conventional right within a simulation of a discussion before ECHR in a case against the Republic of Croatia.

Moderate a discussion and make a ruling within a simulation of a discussion before ECHR i a case against the Republic of Croatia.

 

Evaluation

After successfully completing the course, students will be able to:

Evaluate the level of implementation of conventional law in the national criminal law legislation and practice.

Assess individual legislative solutions from the aspect of adjustment with conventional law.

Recommend a change of individual legal regulations in order to adjust domestic legislation with conventional law.

Conclude about the importance of the ECHR judicature and judgments in criminal cases against the Republic of Croatia for the domestuc criminal law system.

Practical and Generic Skills:

After successfuly completing the course, students will be able to understand the convention system of protection of human rights and fundamental freedoms, and basic determinants of individual conventional rights. They will be able to recognise a violation of a certain rights and independently prepare an application to the European Court of Human Rights. Students will develop the ability to clearly express their opinions based on well structured arguments. During learning, communication skills will be used and developed through the simulation of discussions before the European Court of Human Rights.

Matching Assessments to Learning Outcomes:

During the classes active involvement of students will be encouraged through discussion about the examples of European Court of Human Rights judgments in criminal cases against the Republic of Croatia, and the ability of students to define individual conventional rights, explain obligations of the state and recognise violations of individual conventional rights in concrete cases.

Within simulations of debates before the European Court of Human Rights, the ability of students to analyse the case, and then independently prepare and present argumentation of the applicant or the state, or the judgment andf decision of the court in several different cases against the Republic of Croatia will be evaluated.

In the oral part of examination, the ability of students to define individual conventional rights, explain basic determinants of the conventional mechanism of protection of human rights and the concept of positive and negative obligations of the state will be evaluated. The ability of students to indicate domestic legal regulation which are doubtful from the aspect of conventional law and to propose possible imnprovements will also be evaluated.

Consultations schedule: