The rule of law and mutual trust in global and European governance

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 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 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 also explores a core principle of the EU that is rooted in these founding values: mutual trust. 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 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. 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?

On the legal dimension, the course offers an in-depth exploration of the evolution of the protection of human rights and the rule of law 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.

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?
• 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?
18/09 - Lecture 1 – The rule of law on the EU agenda. How did we get here? (R. Coman)
22/09 - Lecture 2 – The protection of EU values from a legal perspective and the principle of mutual trust (C. Rizcallah)
02/10 - Lecture 3 – The European Union and Human Rights (C. Rizcallah)
6/10 Lecture 4 – Militant Democracy. Pros and Cons (C. Rizcallah & R. Coman) from 2:00 to 2:50pm
Public conference from 3:00 to 4:30pm: Populist attitudes about Curbing Constitutional Courts in Germany, Israel and the United States with prof. Robert Rohrschneider, University of Kansas
16/10 - Lecture 5 – The protection of judicial independence in the EU and the principle of mutual trust between the Member States (C. Rizcallah)
23/10 – Lecture 6 – The EU’s rule of law policy. Hard and soft tools. Challenges. The role of the European Commission (R. Coman)
6/11 – Lecture 7 – The rule of law on the agenda of the European Parliament
13/11 – Lecture 8 – The rule of law on the agenda of the Council and the European Council
4/12 Lecture 9, 10 & 11 - In-class presentations from 8am to 2pm. Conference format including coffee breaks, drinks and snacks (R. Coman and C. Rizcallah)
8/12 Lecture 12 – Q&A (R. Coman and C. Rizcallah)

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

The list of compulsory and recommended readings is available on the Université virtuelle. 

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

• written examination
• Oral presentation

written examination

Oral presentation

Assessment: in-class presentation (groups of four students, 40%) and written exam (60%)

Mark calculation method (including weighting of intermediary marks)

In-class presentation (40%):

• In the first sessions, students will be asked to form groups of four.
• Each group will examine how the issue of the rule of law, democracy, human rights or mutual trust are discussed in the media (newspapers) over a month and a half (October 1 to November 15).
• See details on the Université virtuelle

Written exam (2h30) in January (re-sit exam in August, 60%):

• The exam will comprise two questions:
• The first question will focus one of the topics addressed in the first part of the class taught by Prof. Cecilia Rizcallah (including lectures and the compulsory readings)
• The second question will be about the second part of the class taught by Prof. Ramona Coman (including lectures and the compulsory readings)

Language(s) of evaluation

• english