The Rule of Law, Democracy and Human Rights in the European Union

Respect for the rule of law, human rights and democracy has become a major concern in the European Union. In a context marked by democratic erosion and even backsliding at the hands of governments in power and by challenges to liberal democracy from a wide range of political and social actors, EU institutions have responded by adopting numerous policy instruments, not without facing major conflicts and tensions. These policy instruments, both hard and soft, have been widely criticised during their adoption and implementation, with observers, academics and political actors alike lamenting that "too little too late" has been done to halt the gradual, or at times, rapid erosion of democracy and its core values.
The objective of this course is to examine the instruments available to the EU to address the lack of respect for the rule of law, human rights and democracy. The course begins with a discussion of the legal and political implications of the EU’s common values and how they have evolved over time, before examining their central role in the development of the EU as a polity.
On the legal dimension, the course offers an in-depth exploration of the evolution of the protection of human rights, the rule of law and democracy within the European Union’s legal order, tracing its origins and development. It will examine the fundamental reasons that led to the inclusion of these values in the EU’s founding treaties. Through a detailed analysis of legal texts and case law, particularly from the European Court of Justice, the course will highlight the pivotal role this institution has played in enforcing the rule of law and upholding the EU’s founding values.
On the political dimension, the course begins by asking “How did we get here?” It then turns to the EU’s rule of law instruments, examining the European Semester, Rule of Law Framework, Rule of law dialogue, Article 7 TEU, infringements, Rule of law Annual Report and the rule of law conditionality in the Next Generation EU and the Recovery and Resilience Facility, and the Democracy Shield. In so doing, the course sheds light on the politics of the rule of law, tackling questions such as:
- How does the European Commission fulfil its role as guardian of the treaties?
- What is the role of the Council?
- How has the European Parliament sought to shape the EU’s rule of law policy?
- When and why do we see the European Council playing an increasing role in this debate?
- What is the role of the Court of Justice?
- A significant part of the course will focus on the intersection between, democracy, the rule of law and the protection of human rights in the EU. In particular, it will emphasize the growing importance of judicial independence, which has emerged as a key issue in recent years due to its central role in ensuring the proper functioning of the EU. The lectures will demonstrate how the erosion of judicial independence in Member States can directly undermine the integrity and unity of the EU’s legal order, making its protection at the national level essential.
In short, the political and legal dimensions of the course cover the following big questions:
What are EU values and where did they come from ?
- How are they legally protected?
- What has gone wrong in practice?
- What instruments has the EU developed in response to rule of law crises?
- Why do different EU institutions act differently?
- Can democracy legitimately defend itself against actors who seek to undermine it?
Throughout the course, students will examine key questions such as:
- What prompted the inclusion of the rule of law, human rights and democracy in EU legal texts, and how has this evolved over time?
- What specific role does the EU play in safeguarding these core values?
- What are the strengths and limitations of the EU instruments – hard and soft – put in place to safeguard democracy and the rule of law in EU member states?
- Why is the protection of judicial independence at the national level vital for the effective functioning of the EU as a whole?
- How does the principle of mutual trust shape the legal framework and governance of the European Union?

Upon successful completion of this course, participants will be able to:

• Explain the nature of the different rule of law policy instruments established by EU institutional actors over the past decade
• Understand the legal dimensions of the rule of law, human rights and democracy in the EU
• Understanding the politics of the establishment of an EU rule of law policy
• Explain de functioning of the principle of mutual trust in the EU
• Understand the role of the EU in protecting values such as the rule of law and human rights

Required and Corequired knowledge and skills

A good understanding of the EU, its institutions and decision-making procedures. 

This course is composed of lectures and in-class discussions and presentations.
The lectures will be supplemented by group presentations by the students. It goes without saying that presentations must be followed by active participation from all students.
The presentations are meant to complement the lectures.

References, bibliography, and recommended reading

Recommended readings are available in the detailed course description published on the UV.

Course notes

• Université virtuelle

Additional information

Room: Salle Spaak, Institut d'études européennes 
Class web page : Université Virtuelle 
Office hours

• Ramona COMAN: on request; Office: @ the Institut d'études européennes av. F D Roosevelt 39 
• Cecilia RIZCALLAH: on request; Office: @ Institut d'études européennes av. F D Roosevelt 39 

Contacts

Prof. Ramona Coman Ramona.coman@ulb.be Prof. Cecilia Rizcallah Cecilia.rizcallah@ulb.be

Campus

Solbosch

Method(s) of evaluation

• Oral presentation
• Group work
• Written report

Oral presentation

Group work

Written report

In-class presentation (groups of four students, 40% of the grade) and a media analysis paper (60%)

Mark calculation method (including weighting of intermediary marks)

The group presentation will be held in December (see the date in the outline of the course) in a conference format (see the detail on the UV). Presentations count for 40% of the grade.
Students who do not make the presentation will receive a zero. The presentations cannot be organised during the retake session. Students unable to make the presentation should inform the professors in advance.
The media analysis counts for 60% of the grade (see the detail on the UV)

Language(s) of evaluation

• english