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In this course, we will look at the European Court of Human Rights in Strasbourg (ECtHR) and the Court of Justice of the European Union (CJEU) in Luxembourg, and their case law. In particular, the course will examine the role of the two European Courts in today’s Europe, also in light of the notable democracy backsliding. Within the framework of the course, students will consider the interaction of the European Courts with their domestic counterparts and the principles guiding the Courts: independence, legitimacy and transparency. An emphasis will be placed on the concept of independence of the two Courts, the students will learn about its de jure and de facto dimension. The course will also seek to answer whether the European Courts should be independent, and how their independence differs from the independence of domestic courts. The course will also require students to read, analyse and discuss some judgments of each Court. |
