Important things to remember of Fundamental Rights in Europe (maart 2020)
IRAC-Method
- Issue, question what they ask you on the exam.
- Rule, which rules of what source you’re going to use?
- Application of the rule to the facts, give here also arguments on the other hand. Dump
here your worries. Discuss it!
- Conclusion, therefore there is this..
ESSAY
- Introduction (10%)
o Opening statement
In the Netherlands..
o Introducing main arguments/topic
In this essay, I will argue against/in favor of, for three reasons: 1, 2, 3.
- Main text (80%)
o Explain what is happening, what is the situation, political and legal?
o Ask the reader a question, what does this mean for ..
o I (dis)agree with this argument. Give here your reasons.
o Option: Counter-arguments and your reaction
- Conclusion (10%)
o Short and clear summary of your essay
For example: “To conclude, direct effect is an important feature of the
Dutch constitution and it should remain in place.”
Or: “My conclusion is that direct effect should be abolished as it gives
to much powers to international treaties.”
If they ask you whether the actions of the authorities give rise to state responsibility under the
ECHR? Then you have to look at the scope of application of the ECHR according to that
state, art. 1 ECHR!
It’s important to keep in mind the 3 questions about the scope (scope of application, personal
scope and material scope) of whether the ECHR or the Charter is correctly applying in the
case.
IRAC-Method
- Issue, question what they ask you on the exam.
- Rule, which rules of what source you’re going to use?
- Application of the rule to the facts, give here also arguments on the other hand. Dump
here your worries. Discuss it!
- Conclusion, therefore there is this..
ESSAY
- Introduction (10%)
o Opening statement
In the Netherlands..
o Introducing main arguments/topic
In this essay, I will argue against/in favor of, for three reasons: 1, 2, 3.
- Main text (80%)
o Explain what is happening, what is the situation, political and legal?
o Ask the reader a question, what does this mean for ..
o I (dis)agree with this argument. Give here your reasons.
o Option: Counter-arguments and your reaction
- Conclusion (10%)
o Short and clear summary of your essay
For example: “To conclude, direct effect is an important feature of the
Dutch constitution and it should remain in place.”
Or: “My conclusion is that direct effect should be abolished as it gives
to much powers to international treaties.”
If they ask you whether the actions of the authorities give rise to state responsibility under the
ECHR? Then you have to look at the scope of application of the ECHR according to that
state, art. 1 ECHR!
It’s important to keep in mind the 3 questions about the scope (scope of application, personal
scope and material scope) of whether the ECHR or the Charter is correctly applying in the
case.
