70397 - 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

A. ECHR and its influence on national criminal justice system. ECHR and the sources of an integrated criminal justice system; ECHR and Criminal Procedure: what is "criminal law"; what is a "law" in criminal matter; substantial law v. procedure; right to examine or have examined witnesses during the criminal proceedings; the appeal and the conviction issued at this stage of the proceedings; ne bis in idem.

 

B. EU and its influence on on national criminal justice system after Lisbon. EU and the sources of an integrated criminal justice system. Leading cases: The Taricco Case (system of sources; nature of the limitation period in criminal law); judicial cooperation, mutual recognition and safeguards; data retention; interceptions; surveillance.

Readings/Bibliography

The course 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.

Texts and materials of the cases discussed during the course will be posted on the AlmaDL website.

Besides, students will required to study on the following books:

- For European Criminal Law: the following parts of the book edited by R. E. Kostoris (ed.), Manuale di procedura penale europea, Giuffrè (the most recent edition), 

• Parte I – Le Fonti (Sezioni I, II, III);
• Parte II – Capitolo I - La tutela dei diritti fondamentali (Sezioni I, II, III)
• Parte IV – Capitolo I - Il principio del mutuo riconoscimento

- In alternative, students can study on: John A.E. Vervaele, European Criminal Justice in the Post-Lisbon Area of Freedom, Security and Justice, 2014, that is in open access on the web (and  is also posted on Alma DL).

 

- For International Criminal Justice: Caianiello M / Ferioli ML(2013). Il procedimento davanti alla Corte penale internazionale. In: Diritto processuale dei diritti umani. p. 33-102, RIMINI: Maggioli Editore.

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. This implies that students will be required to attend to the lessons, and to examine and discuss the cases that will be submitted by the teacher.

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

Students will be required to attend to the lessons, and to examine and discuss the cases that will be submitted by the teacher. During the course they will be required to present a case before the class and the teacher.

The final exam will consist of two questions, discussed orally with the teachers' commission. One will regard the European Criminal Law, and will concern the matters treated in the books suggested in the bibliography (the one edited by R. E. Kostoris or the other by J. A.E. Vervaele). The second question will concern the process before the International Criminal Court and will be based on the book suggested in the bibliography (by M. Caianiello and M.L. Ferioli).

 

Ad hoc program can be arranged for foreign students.

Office hours

See the website of Michele Caianiello