European Values and Cultural Rights (Jean Monnet Module)
A.Y. 2024/2025
Learning objectives
The course will provide students with an advanced knowledge and understanding of the legal constitutional issues connected to the protection and promotion of European values (defined as the fundamental principles of the European common constitutional tradition), with particular regard to their interaction with the legal instruments that protect specific (national, group or individual) cultural identities. The course, which will consist of both standard lectures and participatory learning activities, aims at providing students with elements and instruments of Public Law that are necessary for the multidisciplinary professional skillsets developed in the Master's programme.
Expected learning outcomes
1) Knowledge and understanding.
At the end of the course, students are expected to have acquired an advanced knowledge and understanding of the concepts of European values, of the fundamental principles and rules that translate the "European way of life" into legally binding rules in the national and supranational European legal systems, and of the relevance of their protection/promotion for the future progress of European integration; have an advanced knowledge and understanding of the concepts of cultural pluralism, cultural rights and cultural defence, and the means of protection of national/group/individual cultural identities in the European multilevel system.
2) Applying knowledge and understanding.
At the end of the course, students are expected to be able to apply the acquired knowledge and understanding in order to assess problematic cases in which the promotion of European values and the protection of peculiar (individual, group, national) cultural identities might be at odds; apply this knowledge and understanding also outside of the context of European studies in order to solve problems in their fields of work as well as in unfamiliar environments.
3) Making judgements.
At the end of the course, students are expected to be able to integrate the acquired knowledge and understanding in their multidisciplinary education, in order to reach solutions and formulate technical judgments, with an adequate legal language, on problematic cases in which European values and peculiar (individual, group, national) cultural identities are at odds, with incomplete or limited information.
4) Communication skills.
At the end of the course, students are expected to be able to clearly and unambiguously communicate their knowledge and understanding of the matter at hand to specialist and non-specialist audiences with an adequate legal language; clearly and unambiguously communicate their reasoning and their use of the relevant concepts, with an adequate legal language, when assessing/solving problematic cases.
5) Learning skills.
At the end of the course, students are expected to have developed the learning skills that are necessary for them to continue to undertake further study with a high degree of autonomy in the field of legal/constitutional studies, with particular regard to European and multilevel studies.
At the end of the course, students are expected to have acquired an advanced knowledge and understanding of the concepts of European values, of the fundamental principles and rules that translate the "European way of life" into legally binding rules in the national and supranational European legal systems, and of the relevance of their protection/promotion for the future progress of European integration; have an advanced knowledge and understanding of the concepts of cultural pluralism, cultural rights and cultural defence, and the means of protection of national/group/individual cultural identities in the European multilevel system.
2) Applying knowledge and understanding.
At the end of the course, students are expected to be able to apply the acquired knowledge and understanding in order to assess problematic cases in which the promotion of European values and the protection of peculiar (individual, group, national) cultural identities might be at odds; apply this knowledge and understanding also outside of the context of European studies in order to solve problems in their fields of work as well as in unfamiliar environments.
3) Making judgements.
At the end of the course, students are expected to be able to integrate the acquired knowledge and understanding in their multidisciplinary education, in order to reach solutions and formulate technical judgments, with an adequate legal language, on problematic cases in which European values and peculiar (individual, group, national) cultural identities are at odds, with incomplete or limited information.
4) Communication skills.
At the end of the course, students are expected to be able to clearly and unambiguously communicate their knowledge and understanding of the matter at hand to specialist and non-specialist audiences with an adequate legal language; clearly and unambiguously communicate their reasoning and their use of the relevant concepts, with an adequate legal language, when assessing/solving problematic cases.
5) Learning skills.
At the end of the course, students are expected to have developed the learning skills that are necessary for them to continue to undertake further study with a high degree of autonomy in the field of legal/constitutional studies, with particular regard to European and multilevel studies.
Lesson period: Third trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Third trimester
Course syllabus
1- The concepts of "cultural identity", "way of life", "common values" and their relevance in legal (European and constitutional) studies: constitutional fundamental principles as a legal system's "identity"
2- The catalogue of European fundamental values (article 2 TEU) and their relevance in the European integration process. European fundamental values as the core of the European common constitutional tradition (Part I)
3- The catalogue of European fundamental values (article 2 TEU) and their relevance in the European integration process. European fundamental values as the core of the European common constitutional tradition (Part II)
4- Cultural pluralism as a fundamental principle of the European common constitutional tradition. The respect of diverse individual/group/national cultural identities in the EU legal system
5- Cultural rights in international/constitutional law and their link to the protection of cultural identities
6- Cultural rights and the protection of cultural diversity in European law and in the jurisprudence of European Courts (ECJ, ECtHR)
7- The cultural defence as a legal instrument to protect individual/group/national peculiar cultures: the cultural defence of individuals and the cultural defence of States
8- The first challenge to European values: immigration and multiculturalism and the rejection of European values by the so-called "new minorities"
9- The second challenge to European values: nationalism, populism, euro-scepticism and the rejection of European values by the Governments of EU member States (including the so-called "constitutional identity defence")
10- The third challenge to European values: "peace" as a fundamental value of European integration and the criticism of the "European/Western way of life" by third countries
11- Participatory learning. Cultural rights vs. European values: freedom, gender equality and the rights of women (e.g.: the cases of the face-veil; polygamy; honour crimes)
12- Participatory learning. Cultural rights vs. European values: freedom, non-discrimination and the rights of children (e.g.: the cases of kafala; abuses of the ius corrigendi; forced marriages)
13- Participatory learning. Cultural rights vs. European values: human dignity, freedom, gender equality and the right to bodily integrity (e.g.: the cases of female genital mutilation; circumcision; blood transfusions)
14- Participatory learning. Cultural rights vs. European values: freedom, public order, living together, public security (e.g.: the cases of the kirpan; religious use of drugs; places of worship)
15- Participatory learning. Cultural rights vs European values/National cultural identities: the case of culturally oriented citizenship tests (e.g.: in Germany, in the Netherlands)
16- Participatory learning. National cultural identities vs. European values: democracy, the rule of law (e.g.: the cases of Hungary and Poland)
17- Participatory learning. National cultural identities vs. European values: gender equality, human rights (e.g.: the cases of Bulgaria and Hungary)
18- Participatory learning. National cultural identities vs. European values: solidarity, human rights (e.g.: relocation of asylum seekers; transfer of asylum seekers)
19- Participatory learning. National cultural identities vs. European values: the case of Brexit
20- Participatory learning. European values in a divided World: peace as a fundamental European value
2- The catalogue of European fundamental values (article 2 TEU) and their relevance in the European integration process. European fundamental values as the core of the European common constitutional tradition (Part I)
3- The catalogue of European fundamental values (article 2 TEU) and their relevance in the European integration process. European fundamental values as the core of the European common constitutional tradition (Part II)
4- Cultural pluralism as a fundamental principle of the European common constitutional tradition. The respect of diverse individual/group/national cultural identities in the EU legal system
5- Cultural rights in international/constitutional law and their link to the protection of cultural identities
6- Cultural rights and the protection of cultural diversity in European law and in the jurisprudence of European Courts (ECJ, ECtHR)
7- The cultural defence as a legal instrument to protect individual/group/national peculiar cultures: the cultural defence of individuals and the cultural defence of States
8- The first challenge to European values: immigration and multiculturalism and the rejection of European values by the so-called "new minorities"
9- The second challenge to European values: nationalism, populism, euro-scepticism and the rejection of European values by the Governments of EU member States (including the so-called "constitutional identity defence")
10- The third challenge to European values: "peace" as a fundamental value of European integration and the criticism of the "European/Western way of life" by third countries
11- Participatory learning. Cultural rights vs. European values: freedom, gender equality and the rights of women (e.g.: the cases of the face-veil; polygamy; honour crimes)
12- Participatory learning. Cultural rights vs. European values: freedom, non-discrimination and the rights of children (e.g.: the cases of kafala; abuses of the ius corrigendi; forced marriages)
13- Participatory learning. Cultural rights vs. European values: human dignity, freedom, gender equality and the right to bodily integrity (e.g.: the cases of female genital mutilation; circumcision; blood transfusions)
14- Participatory learning. Cultural rights vs. European values: freedom, public order, living together, public security (e.g.: the cases of the kirpan; religious use of drugs; places of worship)
15- Participatory learning. Cultural rights vs European values/National cultural identities: the case of culturally oriented citizenship tests (e.g.: in Germany, in the Netherlands)
16- Participatory learning. National cultural identities vs. European values: democracy, the rule of law (e.g.: the cases of Hungary and Poland)
17- Participatory learning. National cultural identities vs. European values: gender equality, human rights (e.g.: the cases of Bulgaria and Hungary)
18- Participatory learning. National cultural identities vs. European values: solidarity, human rights (e.g.: relocation of asylum seekers; transfer of asylum seekers)
19- Participatory learning. National cultural identities vs. European values: the case of Brexit
20- Participatory learning. European values in a divided World: peace as a fundamental European value
Prerequisites for admission
There are no specific prerequisites.
Teaching methods
The course will adopt a mixed format.
The first part of the course (lessons 1-10) will be held in the standard lecture format, while promoting the interaction (through specific questions) of the students.
The second part of the course (lessons 11-20) will be held in a participatory learning (student-centred) format (e.g.: case-studies, presentations, group works and/or moot courts). The students (under the supervision and with the guidance of the coordinator and of the invited lecturers) will be asked to apply the knowledge and understanding gained in the first part of the course in order to address and solve actual cases of conflict between the protection/promotion of European values and peculiar individual/group/national cultural identities. The proposed solutions will be discussed within the class, and the coordinator and the invited lecturers will provide insight on the way in which the actual cases were handled/solved by policymakers, Courts, institutions, and other political/legal actors.
The first part of the course (lessons 1-10) will be held in the standard lecture format, while promoting the interaction (through specific questions) of the students.
The second part of the course (lessons 11-20) will be held in a participatory learning (student-centred) format (e.g.: case-studies, presentations, group works and/or moot courts). The students (under the supervision and with the guidance of the coordinator and of the invited lecturers) will be asked to apply the knowledge and understanding gained in the first part of the course in order to address and solve actual cases of conflict between the protection/promotion of European values and peculiar individual/group/national cultural identities. The proposed solutions will be discussed within the class, and the coordinator and the invited lecturers will provide insight on the way in which the actual cases were handled/solved by policymakers, Courts, institutions, and other political/legal actors.
Teaching Resources
Attending students: the study materials will be distributed in class, and made available on the Ariel platform of the course.
Non-attending students: The study materials are detailed in the "Materiali studenti non frequentanti" section of the Ariel platform of the course.
Non-attending students: The study materials are detailed in the "Materiali studenti non frequentanti" section of the Ariel platform of the course.
Assessment methods and Criteria
Attending students: The final assessment consists in an oral exam (up to three questions) on the subjects studied in the course. The exams aims at assessing achievement of the course's objectives and, in particular, a full knowledge and command of the matter and the ability to present it and explain it with legal reasoning, adequate legal language, critical thinking and adequate legal references (also to the cases studies in class).
Attending students will take part into the participatory learning activities (case studies, presentations, group works, seminars and/or moot courts) that will be taken into account in the determination of the final mark.
In order to be regarded as "attending students", students must attend at least 80% of the lectures (16 out of 20).
Non-attending students: The final assessment consists in an oral exam (three questions) on the subjects studied in the course. The exams aims at assessing achievement of the course's objectives and, in particular, a full knowledge and command of the matter and the ability to present it and explain it with legal reasoning, adequate legal language, critical thinking and adequate legal references.
Attending students will take part into the participatory learning activities (case studies, presentations, group works, seminars and/or moot courts) that will be taken into account in the determination of the final mark.
In order to be regarded as "attending students", students must attend at least 80% of the lectures (16 out of 20).
Non-attending students: The final assessment consists in an oral exam (three questions) on the subjects studied in the course. The exams aims at assessing achievement of the course's objectives and, in particular, a full knowledge and command of the matter and the ability to present it and explain it with legal reasoning, adequate legal language, critical thinking and adequate legal references.
IUS/09 - PUBLIC LAW - University credits: 6
Lessons: 40 hours
Professor:
Cavaggion Giovanni
Shifts:
Turno
Professor:
Cavaggion GiovanniProfessor(s)