99749 - DIRITTO PENALE EUROPEO

Learning outcomes

On the basis of a dynamic and integrated teaching method (see 'Teaching Methods' section below), the course aims to provide students with knowledge useful both for understanding, interpreting and applying European criminal law at the domestic level and for pursuing a professional career within the European institutions (in particular, the European Union and its various agencies, as well as the Council of Europe and the European Court of Human Rights).

An introduction to the European Union's legal system will first be provided, setting out the competence of the European Union in criminal matters, the conventions of the Council of Europe and the case law of the European Court of Human Rights. The course will then go on to examine the interaction between the different European sources, explaining how to coordinate rules and principles governed by distinct 'mechanisms of operation', and how to identify the rule to be applied to the concrete case. Students will be equipped with the necessary tools to find their way through a complex and multilevel web of sources, in which interpreters must take into account both the principles stemming from internal constitutional orders and those emerging from the case law of the EU Court of Justice and the European Court of Human Rights, as well as the standards developed by the various monitoring committees set up by the Council of Europe conventions.

The illustration of the various thematic areas will closely survey the case law of the European courts, without, however, undermining a critical approach to criminal law, which will be an integral part of the teaching methods and will be promoted through class participation along with suitable students appraisal modalities (see below).

In addition to theoretical knowledge, students will take part in hands-on practical trainings aimed at developing analytical and drafting skills which are essential to future European criminal law experts. These skills include for example the ability to identify, within a legal brief, the interest at stake and consequently the applicable principles; the ability to quickly examine a file and concisely set out the fundamental issues in writing or orally; the ability to carry out legal research and summarise its results; the ability to analyse legislation and judicial decisions to assess their compatibility with superior principles and preexisting case law.

Course contents

The course will focus on the following thematic areas:

- European sources in criminal matters, as well as their impact on internal legal systems; issues relating to the enforcement of ECtHR judgments and the proper transposition of EU directives (or framework decisions, including that on combating organised crime).

- Combating racism and religious intolerance through criminal law; denial or glorification of genocide; fake news, spread of misleading information and the role of social networks.

- Prohibition of torture in emergency situations (Daschner case; ticking bomb scenario; torture Memos adopted by the Bush Administration); inhuman or degrading treatment in contexts of deprivation of liberty (including hotspots for migrants, psychiatric hospitals and social care homes) in light of CPT standards (European Committee for the Prevention of Torture); irreducible life imprisonment, the principle of non-refoulement.

- Principle of legality: nature, scope of applicability, Taricco case (statute of limitations); extensive interpretation vs. analogy in malam partem; confiscations; complicity in mafia-type organisation.

- Art. 8 ECHR: sexual and gender-based violence and consent-related issues (influence of the #MeToo movement); ill-treatment and domestic violence (Istanbul Convention); harm principle, criminalisation of non-invasive begging, same-sex sexual relations.

- Criminal Law in emergency situations and fundamental rights: admissibility and validity criteria of derogations to the ECHR (Art. 15); restrictions on health grounds.

- Development, application and compliance monitoring of Council of Europe standards in criminal matters; in particular, substantive principles and working methods of the following European bodies will be analysed: GREVIO (violence against women and domestic violence), Venice Commission (with regard to regulations religious freedom and end of life), CPT – European Committee for the Prevention of Torture, GRETA (trafficking in human beings) and GRECO (corruption).

Readings/Bibliography

Reading material will be indicated at the beginning of the course.

Teaching methods

The course is based on an interactive and active learning approach, with an emphasis on critical thinking. In addition to lectures, the course envisages students involvement in weekly trainings to learn how to interpret and apply rules and principles of European criminal law to concrete situations. Proposed activities reflect those usually carried out by practitioners of the field. For example, students will be required, either in team or individually, to solve a practical case on the topic discussed during the week, or to assess compliance with the obligations arising from European law, or to give a presentation on a topic agreed in advance with the lecturer.

A number of officials serving in the European institutions (Eurojust, Court of Justice, GREVIO, GRETA, Venice Commission, CPT, etc.) will be invited to give a talk in which they will present both the relevant legal framework of their bodies and the more strictly practical aspects of their work.

The activities will require the analysis of national and international sources, including legislation, reports and case law.

Assessment methods

Non-attending students:

The final exam consists of the drafting of two essays of at least 6,000 words each, to be prepared individually at home on two distinct topics indicated by the lecturer. Plagiarism, even in the slightest, will result in automatic exclusion from the course and reporting to the competent academic authorities.

Attending students:

The examination, in written form, comprises two compulsory elements:

1) the drafting of a "student journal", i.e. a short commentary on 4 topics covered in class (500 words for each entry; 2000 words in total); further details will be provided in class;

2) the drafting of a 2,000-word essay, to be prepared individually at home on one of the topics indicated by the lecturer OR, IN THE ALTERNATIVE, an oral in-class presentation. In both cases, bibliographic research is for students to be carried out.

Marking will be based on an overall assessment of these two activities (journal & essay, OR journal & oral presentation). Students’ participation, especially during trainings, shall influence the final mark.

A record of attendance shall be kept by the lecturer. A student who remains absent for more than six lectures will not be allowed to take the examination as an attending student, but must follow the instructions for non-attending students. As stated above, plagiarism will not be tolerated.

Teaching tools

The lecturer may use Power Point presentations to support teaching. Some classes or parts of them may be delivered online, in accordance with the University regulations.

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

Office hours

See the website of Paolo Lobba