18063 - European and International Criminal Procedure

Learning outcomes

Interaction in criminal law between different legal systems, in particular European Union criminal law and the case law of the European Court of Human Rights will be analysed in details.

The second part of the course will be dedicated to the basic principles of International Criminal Justice, with a special focus on the International Criminal Court.

A basic knowledge of English or French is necessary.

Course contents

EUROPEAN CRIMINAL PROCEDURE

 

I. Sources

A.     ECHR and its relevance within the national sources' system (Leading Cases):

1.     Constitutional Court Cases no. 348 and 349, 2007 (the so called “twin judgments”)

2.     Nature and motives of the accusation

3.     Reopening of the Criminal Proceeding

4.     Trial in absentia

5.     Examination and cross-examination of the witnesses

6.     Acquittal's Overturning at the Appeal Stage and Duty to Hear Witnesses

7.     Ne bis in idem

B.     The EU Criminal Justice system before Lisbon. The Principle of Mutual Recognition (Leading Cases):

1.      EU Court of Justice, Pupino, 2005

2.     Italian Court of Cassation, Ramoci (Europea Arrest Warrant)

3.     Italian Constitutional Court, Judg. No. 227, 2010.

C.     Extending the acquis communautaire to the ECHR?

1.     Italian Constitutional Court, Judg. No. 80, 2011

2.     EU Court of Justice, Åkerberg Fransson, 2013

 

 

 

 

II. EU and Criminal Procedure

A.     The Treaty of Lisbon. The New Directives:

1.     Interpretation and Translation (2010/64/EU)

2.     Information (2012/13/EU)

3.     Access to a Lawyer (2013/48/EU)

4.     Victims (2012/29/EU)

5.     European Investigation Order (2014/41/EU)

 

B.     Toward a Federal System? The Creation of an European Public Prosecutor Office

 

III. Practice Exercises

A.     Application to the European Court of Human Rights

B.     Moot Trial on an Issue Involving the Mutual Recognition Principle

 

 

 

EU Treaties and EU regulations, directives and framework decisions can be found at http://europa.eu

European Court od Justice website is http://curia.eu

European Convention on Human Rights and the case law of the European Court of Human Rights may be found at http://echr.coe.int

 

 

INTERNATIONA CRIMINAL JUSTICE

 

I.               General Framework

a.     A short historical preamble. The different attempts to create an international criminal tribunal in the Twentieth Century. From Versailles to the ICC

b.    Jurisdiction of the International Criminal Court. Complementarity and its procedural consequences

c.     Sources. The Dialogue between the Courts (leading cases):

                                                                         i.     STL Trial in absentia

                                                                       ii.     Searches and Seizure at the ICC

                                                                     iii.     Nature and Motives of the Accusation. The Problem of the Amendment of the Legal Qualification of the Crime

 

II.             ICC: A General Overlook to the Institutional System (Judges, Prosecutor, Registar)

 

III.           Procedure. Leading Cases

a.     Indictment's Confirmation

b.    Disclosure and Stay of the Proceeding

c.     Witnesses' examination

     

 

Every student must have a copy of the ICC Statute and of the ICC Rules of Procedure and Evidence. Both the sources can be downloaded freely at the ICC site, in the English or in the French version.

The ICC site is: http://www.icccpi.int

Readings/Bibliography

Two different approaches are possible.

The first, more traditional, is based on the study of two different handbooks.

For the European Criminal Procedure, the handbook is: R. E. Kostoris, Manuale di procedura penale europea, Giuffrè (in the most recent edition). In particular, the students are required to study the following parts of the handbook: Part I and Part II (up to page 141); Part IV (first two Chapters, from page 235 to page 299; Chapter IV, from page 343 to page 359). 

For the International Criminal Justice, the handbook is: M. Caianiello – M. L.  Ferioli, Il procedimento davanti alla Corte penale internazionale. In: Diritto processuale dei diritti umani. p. 33-102, RIMINI: Maggioli Editore.

 

A second, different approach is possible, for the students attending to the lessons. This approach is based on the analysis of leading cases by the European Courts and by the Superior Courts of the European States. The decisions will be analysed in the course of the lessons, and discussed together with the students. The text of the decisions will be posted on the website of Alma DL.

For the students non familiar with the Italian, ad hoc solutions will be adopted.

EU Treaties and EU regulations, directives and framework decisions can be found at http://europa.eu

European Court od Justice website is http://curia.eu

European Convention on Human Rights and the case law of the European Court of Human Rights may be found at http://echr.coe.int

Every student must have a copy of the ICC Statute and of the ICC Rules of Procedure and Evidence. Both the sources can be downloaded freely at the ICC site, in the English or in the French version.

The ICC site is: http://www.icc-cpi.int

Teaching methods

The teaching method will follow in most part the problem based approach. Students will be required to examine case that will be submitted by the teacher. They will also be required to take active part in two practice exercises, one dealing with the writing of an application to the ECtHR, and the other regarding the participation to a moot trial on an issue in the field of the EU principle of mutual recognition and judicial cooperation in criminal matters.

Variations on the Programme can be decided during the course (such as, in particular, the anticipation of the part dedicated to the International criminal justice, or the cases submitted to the attention of the students).

Assessment methods

Oral exams or dissertation in Italian, English or French.

Office hours

See the website of Michele Caianiello