91385 - European Criminal Law

Learning outcomes

At the end of the course unit, students: - possess an in-depth knowledge about the supranational regulation concerning the legal instruments designed by the European Union and the Council of Europe on judicial cooperation in criminal matters; - are capable to apply the existing supranational and European legal instruments to cross-border cases of criminal nature and to assess the interaction between those instruments and national legal orders, also with regard to the mechanisms for the protection of fundamental rights and in respect of certain aspects which necessarily contribute to characterizing the national identity of the European States.

Course contents

This course aims to provide students with a general understanding of European criminal law, as developed, in particular, through the case law of the European Court of Justice as well as the European Court of Human Rights. The course also helps students to become familiar with the fundamental principles of criminal law and the interplay between European Union law, ECHR and domestic criminal law.

After a brief introduction upon the historical background and the democracy issues implied by EU harmonization, the course focuses on ‘constitutionalisation’ at the EU and national level, exploring the duty of loyalty, the competences conferred to the Union as well as providing a general background on the role of CJEU and ECtHR. Primacy of EU law and national identities are considered through the analysis of the most relevant cases, taking into account the role of fundamental rights in relation to mutual recognition and mutual trust.

Then, the course will deeply examine the most relevant leading cases in the criminal sphere. Particular attention is reserved to nullum crimen, ex post facto law, ne bis in idem, proportionality as well as the prohibition of inhuman or degrading treatments. Analysing the relevant case law is crucial in developing a practical knowledge of the various topics and in critically discussing the issues proposed in class.

Readings/Bibliography

For Attending Students.

The reading list will be published on the Alma DL website.

Specific papers and materials selected for the attending students, including the case law discussed in class, is uploaded on the AlmaDL website, along with potential additional readings identified as optional during classes.

 

For Non Attending Students.

V. Mitsilegas, EU Criminal Law, II edn, 2022, Hart, exclusively considering chapters from I to V.

Teaching methods

The course is held in lectures and additional seminars and activities are sugggested to further analyse the main course's topics and encourage students’ involvement. In the lectures, the syllabus is systematically explained, together with the examination of the case law relevant to each topic.

Attending students will be encouraged to take part in the discussion and, individually or in small groups, carry on research and present their results during the lecture.

The teaching will be carried on using the comparative approach and the analysis of the national and the European case law. This methodology allows the students to understand the bigger picture, consider the plurality of sources and mechanisms to redress and the importance of the legal, historical and political contexts.

The course requires students to actively participate in the classes, in order to develop critical skills. Professionals and academics with extensive experience in European criminal law may be invited to teach individual seminars or classes.

The main purpose of the course is to provide students with suitable tools for the interpretation and application of the main normative provisions of European criminal law, the ability to conduct effective legal research and to solve cases that involve fundamental issues of European criminal law.

Assessment methods

The lecturer has discretion to take into consideration the active participation demonstrated during classes.

The final exam will be in written form and it will be in English.

The duration of the written exam will be approximately 2 hours.

The final exam will consist of 3 questions (10 marks maximum each), which will cover the topics dealt with in class and in particular

- N 1 general question on fundamental principles in the supranational dimension;
- N 1 question concerning a case discussed during classes (and included in the list uploaded on Virtuale);
- N 1 practical question (solving a case).

For each question there will be a maximum number of lines for the answer (approximately 15-20 lines).

Students with disabilities or Specific Learning Disorders (DSA) can ask to the Professor adaptations for their specific needs.

Enrolment in the final exam shall be done through the online system ‘Almaesami’ on https://almaesami.unibo.it/almaesami/welcome.htm.

Teaching tools

To facilitate the comprehension and learning of the syllabus, the course is always presented with the support of PowerPoint slides.

Students with disabilities or learning disabilities (DSA) who need additional support will be able to refer to the professor to discuss their needs and be directed to the relevant personnel and agree on specific assistance.

Office hours

See the website of Alessandra Santangelo