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.

Basic knowledge of criminal process is required. For students that have not attended the criminal procedure classes before, it is recommended: G. Illuminati, voce Accusatorio ed inquisitorio (sistema), in Enc. giur. Treccani, I, 1988.

Course contents

EUROPEAN CRIMINAL PROCEDURE: main topics

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;
  • one bis in idem;
  • Privacy.

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:
  • system of sources;
  • judicial cooperation, mutual recognition
  • safeguards;
  • data retention; surveillance;
  • evidence sharing;
  • one bis in idem.

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.

EU Treaties and EU regulations, directives and framework decisions can be found at http://europa.eu [http://www.icc-cpi.int/]

European Court od Justice website is http://curia.eu [http://www.icc-cpi.int/]

European Convention on Human Rights and the case law of the European Court of Human Rights may be found at http://echr.coe.int [http://www.icc-cpi.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 [http://www.icc-cpi.int/]

Complementary text books:

For students that have not attended the criminal procedure classes before, it is recommended:G. Illuminati, voce Accusatorio ed inquisitorio (sistema), in Enc. giur. Treccani, I, 1988.

For European Criminal Law R. E. Kostoris, Manuale di procedura penale europea, Giuffrè (the most recent edition), Part I; in alternative 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.

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.

Lo scopo del metodo seguito non è quello di fornire agli studenti un panorama completo dei diversi sistemi trattati, quanto di dar loro l'abilità di muoversi nei nuovi contesti imposti dalla globalizzazione nel campo della giustizia penale.

Participation at class represents a fundamental part of the final grade.

Classes will be in accordance with the following scheme (cf. Syllabus uploaded on Alma DL):

1. First three weeks: traditional classes
2. From the 4th week: lessons based on active discussion of the cases.

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), and will be timely communicated to the students.

Classes will be taught by Prof. Michele Caianiello, and by Dr. Giulia Lasagni (module “Lo sviluppo del diritto processuale penale nei leading cases delle Corti europee”).

Assessment methods

Students will be required to attend to the lessons (at least 2/3 of the course), and to examine and actively discuss the cases that will be submitted by the teacher.

To do so, students are required to read in advance the cases that will be discussed in class, in accordance with the plan indicated in the Syllabus.

The final grade will be composed of two parts:

1. Part of the exam (up to 10% of the final grade) will depend on the active participation in the discussion at class, and on the critical skills showed by the student (which shall read in advance the material)
2. The final oral exam. The interview will concern the themes indicated under the section “Course content”.

The final exam will consist of two questions, discussed orally with the teachers' commission. One will regard the European Criminal Law; the second question will concern the process before the International Criminal Court.

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

Erasmus students can ask to the Professor adjustment of the program according their learning agreement.

 

Master thesis

Master thesis are assigned by Prof. Michele Caianiello after an interview with the student, that shall also present a short paper (max 1 page) with a proposal for a potential topic of the thesis.

After this pre-screening phase, a topic (which may be also different from that proposed by the student) will be assigned directly by the Professor.

The Professor will also indicate a tutor, which will assist the student in the course of the research.

Teaching tools

In a complementary way some ppt presentations might be used.

Office hours

See the website of Michele Caianiello

See the website of Giulia Lasagni