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EUROPEAN CRIMINAL LAW

Academic year and teacher
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Versione italiana
Academic year
2017/2018
Teacher
CIRO GRANDI
Credits
6
Didactic period
Secondo Semestre
SSD
IUS/17

Training objectives

Knowledge:
The reasons, the needs and the sources of the "Europeanisation" of criminal law and procedure.
The interactions between European law sources and national criminal law and procedure.
The features of the Area of Freedom Security and Justice under the Treaty of Lisbon.
The instruments and basic rules on extradition and mutual recognition in criminal matters.
The interplay between EU cooperation in criminal matters and Human Rights protection.

Ability
To understand the reasons and needs underlying the process of harmonization of national criminal laws.
To spot and assess the mutual influence between European law sources and national criminal law.
To argue, distinguish or decide criminal law cases on the basis of European sources.


Prerequisites

Basic knowledge of EU law and criminal law. English language B1

Course programme

Institutional part: (I) The lack of competence in criminal matters of European institutions: underlying reasons and historical development. (II) Principle of legality and European law sources. (III) The impact of human rights on the development of a European criminal law. (IV) The sanctioning power of European institutions: European administrative sanctions. (V) The influence of EU regulations and directives on national criminal law: the disapplication of national law; the harmonization of national criminal laws under the principle of loyal cooperation; the principle of conforming interpretation. (VI) The development of a European criminal policy as from the Treaties of Maastricht and Amsterdam. (VII) The attribution to the EC of a criminal law competence under the ECJ case-law (VIII) The Lisbon Treaty: the attribution of (indirect) competence in criminal matters to the EU.



Special part: (I) The European Arrest Warrant; (II) EU directives in criminal matters: dir. 99/2008 on the protection of environment through criminal law; dir. 2011/36 on human trafficking; dir. 2011/92 on sexual exploitation of children and child pornography. (III) A direct criminal law competence for the protection of EU financial interests? Problems and perspectives.



Procedural part: Judicial cooperation and mutual recognition in criminal matters.

Didactic methods

Frontal lessons, with use of ppt presentations, which will be available for attending students, by means of a mailing list.
During the course, at least one seminar will be held by students, who will be invited to read in advance an ECJ ruling and to illustrate it orally in class.

Learning assessment procedures

Written exam: seven open questions, to be answered within 2h 30 min.; the use of legislation and case-law is allowed.
Oral exam is an alternative open to students.

Reference texts

For students attending the course, the exam will focus on the issues and materials discussed in class. For students who do not attend the course, the following texts are mandatory reading
H. Satzger, International and European Criminal Law, 2012 (pp. 43-177);
J. A. E. Vervaele, European Criminal Justice in the post-Lisbon Area of Freedom, Security and Justice, Trento, 2014 (chapters 1, 5, 7)
available at http://eprints.biblio.unitn.it/4399/