2020/2021

2022/2023

DM270

IUS/14 (EUROPEAN UNION LAW)

DEPARTMENT OF POLITICAL AND SOCIAL SCIENCES

COMMUNICATION, INNOVATION, MULTIMEDIA

PERCORSO COMUNE

3°

2nd semester (27/02/2023 - 31/05/2023)

6

36 lesson hours

Italian

ORAL TEST

FALCONI FEDERICA (titolare) - 6 ECTS

For this course, no specific prior knowledge is required either of legal or any other kind, with the only exception of a basic general knowledge.

This course aims at providing students with a comprehensive legal background as concerns the protection of freedom of espression and information at the international level, having regard firstly to the regional human rights protection mechanism provided by the European Convention on Human Rights within the context of the Council of Europe and then focusing on the different legal framework provided at the European Union level to provide an overview of the relevant regulatory acts, which, against the background of the implementation of the internal market, are apt to produce legal effects even more pervasive pursuant the primacy recognised to EU law within the legal order of Member States.

The course is divided into two parts.

Tracing back the rise of freedom of expression and freedom of information as an international concern at the universal level from a historic and legal perspective, and outlining the main features of the multi-level system of protection established at the European level, the first part of the course will focus on the European Convention of Human Rights (ECHR), with a view to analyse the dynamic case-law of the European Court of Human Rights concerning freedom of expression and information as enshrined in Article 10 ECHR, particularly as regards the essential role fulfilled by the press as a "public watchdog" in a democratic society, the reinforced protection of journalists, satire and the legal ban on hate speech. Constant attention will be paid to the new problematic issues arising from the development of digital information technologies as related to the exercise of freedom of expression and information.

In its second part, the course will provide an essential picture of the most relevant legal sources regarding freedom of information progressively enacted within the European Union against the background of the implementation of the internal market. To this goal, the specific features of human right protection as enacted within this unique legal order will be addressed, with specific attention to the set of rules and principles currently established by the EU Charter of Fundamental Human Rights and to the relevant case-law of the EU Court of Justice.

The content of the course is mostly delivered by lectures, while encouraging discussion and students' active participation.

Vladimiro Zagrebelsky, Roberto Chenal, Laura Tomasi, "Manuale dei diritti fondamentali in Europa", Torino, Il Mulino, 3rd Edition, 2022
(limited to the following pages: 21-168; 349-355; 371-391; 445-504; 516-523;529-535).

The exam will consist of an oral examination in order to evaluate the knowledge gained by students possibly through class attendance and in any case through individual study, which next to the handbook adopted for the course comprises also other teaching materials indicated by the teacher and made avaliable through Kiro learning platform, such as legal journal articles, legal acts and case law by the relevant international courts. However, these latters are merely intended to provide support to students towards a better understanding of the themes covered in the course.
More specifically, students are expected to demonstrate they have acquired the basic knowledge for understanding the relevant legal rules enacted at the international level and also for carrying out autonomous and critical assessments as concens the several legal issues analysed in particular making reference to the case-law developed, respectively within the legal framework of the European Convention of Human Rights and the European Union, by the pertinent judicial bodies.

For further information, please write directly to the teacher: federica.falconi@unipv.it.

The topics covered by the course are related in particular with the following goals as set out by the 2030 Agenda for Sustainable Development:
Goal No 10, "Reducing Inequalities"
Goal No. 16, "Peace, Justice and Strong Institutions"
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