99749 - DIRITTO PENALE EUROPEO

Academic Year 2024/2025

  • Moduli: Vittorio Manes (Modulo 1) Alessandra Santangelo (Modulo 2)
  • Teaching Mode: Traditional lectures (Modulo 1) Traditional lectures (Modulo 2)
  • Campus: Bologna
  • Corso: Single cycle degree programme (LMCU) in Law (cod. 9232)

Learning outcomes

The course aims to implement the understanding of the discipline and general principles relating to criminal liability of natural and legal persons in the European Union legal framework. In the supranational field, the study will focus not only on the institutional and regulatory profiles, but also on the analysis of the most recent legislative innovations and the latest jurisprudential approaches of the European high courts. The main objective is to provide students with the necessary skills to fully frame the various criminal law institutions in the supranational context, examining in critical terms the path of integration in the punitive sphere. The course also focuses on the comparison method, with specific regard to the notion of ‘criminal charge’ consolidated in the case law of the European Court of Human Rights and the Court of Justice.

Course contents

The course aims to examine the most relevant criminal law issues currently discussed in the European dimension, analysing the perspective adopted at the European and conventional level, as well as the main repercussions and constraints arising in the domestic dimension.
In particular, during the first part of the course, the following will be examined
- the interference between European law and criminal law in a historical perspective
- the path of harmonisation with particular regard to direct and indirect effects in punitive matters
- judicial cooperation in the struggle between security and guarantee instances
- the interplay between mutual recognition and fundamental rights
- the conventional system and the protection of fundamental rights in criminal matters
- ECHR justice and positive obligations of incrimination

The second part of the course, on the other hand, aims to analyse some specific issues, with particular regard to
- the notion of ‘criminal matter’ in relation to the problem of security and preventive measures in the fight against the mafia and terrorist associations

-ne bis in idem principle

-proportionality in punishments

-right to silence in 'criminal' proceedings

-legality principle in the EU dimension

-right to life and its limits

-prohibition of inhuman and degrading treatments (overcrowding, torture)

- the legitimacy of perpetual punishment in the Europeanlevel
- protection of victims in criminal proceedings
- climate justice and supranational sources
- positive obligations to protect the environment
- migratory flows: the role of punishment
- freedom of expression: criminal liability before the new technologies


In the second part of the course, it will be possible to achieve an in-depth knowledge of the main issues discussed nowadays with particular attention to the role of case law, learning how to critically process the acquired notions insofar as to be able to autonomously apply them to new case study.

Readings/Bibliography

V. MANES-M. CAIANIELLO, Introduzione al diritto penale europeo. Fonti, metodi, istituti, casi, Torino, Giappichelli, 2020.

Teaching methods

The course will promote forms of participative teaching with the attending students. In particular, in the first part of the course, theoretical lectures will reinforce the basic notions and consolidate the founding institutions of European criminal law. The second part, on the other hand, will examine some of the most recent case law, which contain profiles of particular relevance in the perspective of European integration. The study of the different legal arguments that contend the field and the discussion of the solutions put forward - and of the alternatives that can be envisaged - will allow the critical analysis of the institutions to be strengthened, to be placed alongside the more ‘traditional’ theoretical knowledge.
During the course, in-depth thematic seminars will be organised for the attending students. To this end, supplementary and further study materials will be provided, the consultation of which will be fully voluntary. The topics of the seminars and related organisational information will be communicated in class.
Active participation during the course is recommended and will be checked periodically.

Assessment methods

For those attending the course, the final exam can be taken in two alternative ways, at the students' choice. It will be possible, in fact, to take the final exam by preparing a written paper on one of the topics addressed in the course or, alternatively, by taking a written exam with open questions.
With regard to the preparation of the paper, please note the following.
- Recommended length 5000/7000 words;
- the paper must be written in Italian;
- the work must be divided into paragraphs and accompanied by notes;
- the paper must be delivered to the lecturer by e-mail, at least 15 days before the scheduled date of the exam.
Any further details will be provided in class, which may be useful in order to proceed with the drafting of the paper.

With regard to the written examination with open questions, please note the following.
- The final examination will be in Italian
- 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 some of the topics covered in the lessons and in particular
- N 1 general question on fundamental principles in the supranational dimension;
- N 1 theoretical question on a case discussed during the lectures;
- N 1 practical question (resolution of a case).
- For each question there is a maximum number of lines for the answer (approx. 20-25 lines).

For those who do not attend the course, the final exam will be conducted through the preparation of a written paper, taking into account the indications provided above for attending students.

Students with disabilities or Specific Learning Disorders (SAD) may ask the lecturer for adaptations for their specific needs.
Registration for the final examination must be done via the online ‘Almaesami’ system at https://almaesami.unibo.it/almaesami/welcome.htm.

The final assessment will take into account the student's ability to navigate through the regulatory sources and case law - national and supranational - examined during the course, identifying the reference issues and developing critical links between the various institutes.

Expository ability, a systematic view of the various issues, the use of appropriate technical language and the critical elaboration of the institutes addressed during the course will be assessed with marks of excellence.

By way of example, the following criteria will be used to assess the final mark (that will be out of 30/30):

  • sufficient or barely sufficient knowledge on the programme, limited reasoning ability, some difficulties in using technical and legal language → 18-21/30;
  • fairly good knowledge of the programme, adequate critical reasoning ability, sound use of technical and legal language → 22-25/30;
  • comprehensive knowledge of the programme, notable reasoning ability, good command of technical and legal language → 26-29/30;
  • extensive knowledge of the programme, very good reasoning ability, and ability to fully master technical-legal language → 30-30L/30.

Teaching tools

During the lectures, all materials necessary for the preparation of the discussion of individual case studies, especially with regard to the second part of the course, will be provided to the participant.
To facilitate understanding and learning of the programme, the course will be presented with the support of PowerPoint slides.
For those students who, for reasons dependent on disabilities or specific learning disorders (DSA), require compensatory tools, the most appropriate arrangements may be adopted or additional materials may be provided to support teaching, upon request communicated to the lecturer of the course.

Office hours

See the website of Vittorio Manes

See the website of Alessandra Santangelo

SDGs

Reduced inequalities Climate Action Peace, justice and strong institutions

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.