HUK 548 Individual Application Right to the European Court of Human Rights in Cases of HumanRightsViolationsMEF UniversityDegree Programs Private Law (Thesis)General Information For StudentsDiploma SupplementErasmus Policy Statement
Private Law (Thesis)
Master Length of the Programme: 2 Number of Credits: 120 TR-NQF-HE: Level 7 QF-EHEA: Second Cycle EQF: Level 7

Ders Genel Tanıtım Bilgileri

School/Faculty/Institute Graduate School
Course Code HUK 548
Course Title in English Individual Application Right to the European Court of Human Rights in Cases of HumanRightsViolations
Course Title in Turkish İnsan Hakları İhlallerine Karşı Avrupa İnsan Hakları Mahkemesine Bireysel Başvuru Hakkı
Language of Instruction TR
Type of Course Lecture
Level of Course Advanced
Semester Spring,Fall
Contact Hours per Week
Lecture: 2 Recitation: Lab: Other:
Estimated Student Workload 138 hours per semester
Number of Credits 6 ECTS
Grading Mode Standard Letter Grade
Pre-requisites None
Expected Prior Knowledge None
Co-requisites None
Registration Restrictions Graduate students only
Overall Educational Objective The European Court of Human Rights, which is accepted as the constitutional court of European democratic countries in a sense, aims to explain and teach Turkish students the judicial proceedings carried out by the European Court of Human Rights in order to protect fundamental rights and freedoms and to investigate and, if necessary, to prevent the alleged violations that remain unresolved in domestic law.
Course Description In Turkey, the Constitution of 1982 as amended in 2010 The right of individual application to the Court was introduced. After this date, various violations all those who wish to bring their claims before the European Court of Human Rights The victims must first bring the case before the Constitutional Court. This within this framework, victims who cannot find a solution to their violation allegations before the Constitutional Court may appeal to the ECtHR. how to apply; how the ECtHR will deal with the problem; its judgement and possible solutions are examined within the scope of this course.
Course Description in Turkish Türkiye’de 1982 Anayasası’nın 2010 yılında değiştirilmiş haliyle Anayasa Mahkemesi’ne bireysel başvuru hakkı getirilmiştir. Bu tarihten sonra değişik ihlal iddialarını Avrupa İnsan Hakları Mahkemesi’nin önüne getirmek isteyen tüm mağdurlar, ilk önce Anayasa Mahkemesi’ne olayı taşımak zorundadır. Bu çerçevede, ihlal iddialarına AYM önünde çözüm üretemeyen mağdurların, AİHM’e nasıl başvuracakları; AİHM’in sorunu, nasıl ele alacağı; muhakeme tarzı ve olası çözümleri bu ders kapsamında incelenir.

Course Learning Outcomes and Competences

Upon successful completion of the course, the learner is expected to be able to:
1) Understands and evaluates the position, importance and reasons of the European Court of Human Rights in the international legal order.
2) To be able to apply to the European Court of Human Rights, learns which stages to go through and what to do.
3) Learns how to apply to the European Court of Human Rights, which stages the relevant claim will go through and his/her rights and position at each stage and becomes ready to apply.
4) Learns which issues will be compulsorily complied with when making an individual application to the European Court of Human Rights.
5) Learns how the judgement of the European Court of Human Rights is carried out and how to write the application petition within this framework and becomes ready for practice.
Program Learning Outcomes/Course Learning Outcomes 1 2 3 4 5
1) An advanced and integrated understanding of the complex body of knowledge in the field of private law in general.
2) An advanced and integrated understanding of the complex body of knowledge in the field of private law specifically on the rules and principles governing contractual dealings, equitable doctrines, civil wrongs and private law remedies.
3) An advanced and integrated understanding of the complex body of knowledge in the field of private law specifically on current debates on the nature, basis and potential reform of private law doctrines.
4) Expert, specialised cognitive and technical skills to independently analyse, critically reflect on and synthesise complex information, concepts and theories in the field of private law.
5) Expert, specialised cognitive and technical skills to independently research and apply such information, concepts and theories to the relevant body of knowledge and practice.
6) Expert, specialised cognitive and technical to independently interpret and transmit knowledge, skills and ideas to specialist and non-specialist audiences.
7) Knowledge and skills to demonstrate autonomy, expert judgment, adaptability and responsibility as a practitioner and learner in the field of private law.

Relation to Program Outcomes and Competences

N None S Supportive H Highly Related
     
Program Outcomes and Competences Level Assessed by
1) An advanced and integrated understanding of the complex body of knowledge in the field of private law in general. N
2) An advanced and integrated understanding of the complex body of knowledge in the field of private law specifically on the rules and principles governing contractual dealings, equitable doctrines, civil wrongs and private law remedies. N
3) An advanced and integrated understanding of the complex body of knowledge in the field of private law specifically on current debates on the nature, basis and potential reform of private law doctrines. N
4) Expert, specialised cognitive and technical skills to independently analyse, critically reflect on and synthesise complex information, concepts and theories in the field of private law. N
5) Expert, specialised cognitive and technical skills to independently research and apply such information, concepts and theories to the relevant body of knowledge and practice. N
6) Expert, specialised cognitive and technical to independently interpret and transmit knowledge, skills and ideas to specialist and non-specialist audiences. N
7) Knowledge and skills to demonstrate autonomy, expert judgment, adaptability and responsibility as a practitioner and learner in the field of private law. N
Prepared by and Date SÜHEYL BATUM , January 2024
Course Coordinator AKTS1
Semester Spring,Fall
Name of Instructor Prof. Dr. SÜHEYL BATUM

Course Contents

Week Subject
1) An overview of the European Convention on Human Rights and the Court as a judicial body
2) An overview of the European Convention on Human Rights and its judicial body, the Court, and its jurisprudence
3) Distribution of assignments and response to questions
4) Basic points about the processes before the European Court of Human Rights (such as application-stages-judgement)
5) Basic points about the processes before the European Court of Human Rights (such as application-stages-judgement)
6) Presentations and discussion
7) Presentations and discussion
8) Presentations and discussion
9) Presentations and discussion
10) Presentations and discussion
11) Presentations and discussion
12) Presentations and discussion
13) Presentations and discussion
14) Presentations and discussion
15) Presentations and discussion
16) Presentations and discussion
Required/Recommended ReadingsRona Aybay / Demirhan Burak Çelik, İnsan Hakları Hukuku, 5. Baskı, 2021. Reports on case law and articles of the Convention on the ECHR.coe.int website.
Teaching MethodsTeaching Methods Lecture, presentations and discussion
Homework and ProjectsFinal paper
Laboratory WorkNone
Computer UseNone
Other ActivitiesNone
Assessment Methods
Assessment Tools Count Weight
Attendance 1 % 20
Midterm(s) 1 % 40
Paper Submission 1 % 40
TOTAL % 100
Course Administration batums@mef.edu.tr

ECTS Student Workload Estimation

Activity No/Weeks Hours Calculation
No/Weeks per Semester Preparing for the Activity Spent in the Activity Itself Completing the Activity Requirements
Course Hours 14 2 2 2 84
Presentations / Seminar 1 10 2 2 14
Homework Assignments 1 40 40
Total Workload 138
Total Workload/25 5.5
ECTS 6