Fundamental Rights

CB1. Constitutional Law at the degree level.

ME1. Each class will be dedicated to a specific theme in the program, with an exposition by the teacher and with a practical component.

A) Learning Objectives:

OA1. The curricular unit aims to develop an advanced reflection on fundamental rights. This is a core subject of any postgraduate training that deals with legal issues, also in the area of ​​Business Law and Procedural Law – especially since it is recognized that fundamental rights are not only binding on public authorities, as well as affect relationships between private parties.

B) Competencies to be Developed:

CD1. Departing from the political-philosophical conceptions that underpinned the emergence of individual citizens` rights, students will be called to understand the birth of several generations of fundamental rights and what the current problems raised by the subject are – basing themselves, also for this purpose on the jurisprudence of the Constitutional Court, the Court of Justice of the European Union and the European Court of Human Rights – and to project this knowledge in their professional activities (execution agents and company solicitors).

Part I (P1) – The historical and philosophical dimension of fundamental rights.

Part II (P2) – Fundamental rights in the space of interna- tionality.

1. Concept of internarmativity.

2. Fundamental rights and bills of rights.

3. The principles, the methodical fundamental rights in internalmativity and judicial review.

Part III (P3) –

1. Fundamental Rights and European Justice: a. The accession of the European Union to the European Convention on Human Rights – The Opinion 2/2013 of the Court of Justice: the rule of law v. primacy of rights?

2. The application of fundamental rights in the judicial framework of European law: the European judicial triangle.

3. Fundamental Rights in particular:

a. The Effective jurisdictional protection.

b. Right to protection of personal data.

i. European and national framework.

ii. General Data Protection Regulation.

iii. Confidentiality of e-mail and access to employee information.

iv. Biometric data.

v. video surveillance.

c. freedom of enterprise.

4. Artificial intelligence and fundamental rights.

Assessment may take one of two forms:

A) Continuous assessment, comprising:

MA1. A written group assignment, accounting for 60% of the final grade.

MA2. An in-person oral presentation (accounting for 10% of the final grade) and an in-person oral defense (accounting for 30% of the final grade) of the written assignments, involving all group members. A minimum score of 8 (eight) points is required for both assessment components, and the final grade must total at least 10 (ten) points to pass the course.

If students use Artificial Intelligence (AI) to prepare their written assignments and presentation slides, (they must exercise appropriate human oversight, bearing in mind that the work must be their own, as AI serves only as an aid), and must cite the specific AI mechanism(s) used, in accordance with ethical standards.

NOTE n.º 1: For the purposes of distributed assessment, student attendance at a minimum of 80% of classes will be required, failure to meet this requirement will result in a failing grade for this course unit.

NOTE n.º 2: Working students are exempt from mandatory class attendance requirements associated with distributed assessment. The group written assignment may be replaced by an individual written assignment (worth 60% of the final grade), and the corresponding in-person oral presentation (worth 10% of the final grade) and individual oral defense (worth 30% of the final grade) are mandatory and must be conducted in person.

B) Final assessment:

MA3. Conducted via a final exam (Regular and Resit Periods), weighted at 20 (twenty) points.

NOTE n.º 3: Students have the option to take a written exam to improve their final grade, and must register for the respective exam for this purpose.

NOTE Nº. 4: "In the event of a well-founded suspicion of fraud detected during the exam grading phase, the student will be summoned for an oral examination to verify the knowledge and skills demonstrated. This verification is conducted by a panel composed of the course instructor and two other faculty members from the same field. Should the student fail to demonstrate the knowledge and skills shown in the written exam, the exam will be annulled".

NAO