91384 - European Criminal Procedure

Course Unit Page

SDGs

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

Quality education Reduced inequalities Peace, justice and strong institutions

Academic Year 2021/2022

Learning outcomes

At the end of the course unit, students: - know and assess the influence of the European Convention of Human Rights engagements (and ECtHR related case law) on national criminal systems; - are aware of the impact of EU law on the national criminal justice systems; - understand the main lines of reasoning expressed by European national supreme/constitutional courts in assessing relevant European obligations.

Course contents

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 (this part of the course is relevant for both LEGS students and students of the Laurea Magistrale).

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. This second part of the course is referred only to students of Laurea Magistrale - LEGS students wishing to study international criminal justice may choose the separate course of International Criminal Procedure.

 

NECESSARY SKILLS:

A basic knowledge of English is necessary. The course will indeed be held in English. Students’ participation is anyway encouraged and welcomed also in other languages (Italian, French, Spanish, German…). Students of the Laurea Magistrale will also be able to choose whether to write the exam in English or in Italian.

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 (all students)

A. ECHR and its influence on national criminal justice system.

  • ECHR and the sources of an integrated criminal justice system;
  • ECtHR 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;
  • Privacy.

B. EU and its influence on on national criminal justice system after Lisbon.

  • EU and the sources of an integrated criminal justice system.
  • System of sources;
  • European relevant institutions and bodies (eg EPPO)
  • Leading cases:
  • judicial cooperation, mutual recognition
  • safeguards;
  • data retention; surveillance;
  • evidence sharing;
  • right of access to a lawyer;
  • right to remain silent;
  • ne bis in idem.

INTERNATIONAL CRIMINAL PROCEDURE: main topics (only students from Laurea Magistrale, no LEGS students)

From the International Military Courts of Nuremberg and Tokyo to the Rome Statute and the establishment of the Permanent International Criminal Courtb. Proceedings before the International Criminal Court c. Two emblematic cases on: modification of the indictment; method of conducting examination and counter-examination of witnesses.

Readings/Bibliography

The course is based on the analysis of leading cases by the European Courts and by the Superior Courts of the European Member 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 Virtuale.

On Virtuale, in addition to texts of the decisions and some brief comments/analysis, a program with the calendar of lessons, topics covered and cases analyzed is uploaded (Syllabus).

Following the calendar indicated in the Syllabus, in order to make the discussion effective and for the purposes of the final exam grade, students are required to read, before each lesson the decisions highlighted in green in the Syllabus, which will be discussed together.

 

Complementary text books:

For European Criminal Law V. Manes - M. Caianiello, Introduzione al diritto penale europeo. Fonti, metodi, istituti, casi, Giappichelli, 2020.

Students who wish to use sources in English, may refer to the dedicated folder uploaded on Virtuale (name: "English reading material").

For International Criminal Justice (no LEGS students): Caianiello M / Ferioli ML (2013). Il procedimento davanti alla Corte penale internazionale. In: Diritto processuale dei diritti umani. p. 33-102, RIMINI: Maggioli Editore.

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.

- EU Treaties and EU regulations, directives and framework decisions can be found at http://europa.eu . Court of Justice of the EU website is http://curia.eu - relevant decisions will however be posted on Virtuale

- The European Convention on Human Rights and the case law of the European Court of Human Rights may be found at https://hudoc.echr.coe.int/eng ; relevant decisions will however be posted on Virtuale

- 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 (no LEGS students): http://www.icc-cpi.int - relevant decisions will however be posted on Virtuale

Students who, for reasons related to disabilities or specific learning disorders, need compensatory tools, can communicate their needs to the Teacher in order to be addressed to the Referents and agree on the adoption of the most appropriate measures.

Teaching methods

The teaching method will follow in most part a problem-based approach.

This implies that students will be strongly encouraged to attend to the lessons, and to examine and discuss the cases that will be submitted by the teacher. Participation at class represents a fundamental part of the final grade.

Due to the COVID-19 emergency, lessons will be held in mixed mode (partly in attendance and partly online). Frequency is strongly recommended and will be allowed in both modes (in presence and online). For more information see the website: https://dsg.unibo.it/it/didattica/progetti-e-metodologie-didattiche/modalita-didattiche-presso-il-dsg-nel-i-semestre-a-a-2020-2021.

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

  1. First three weeks: traditional classes (European Criminal Law)
  2. From the 3rd to the 6th week: lessons based on active discussion of the cases (European Criminal Law).
  3. 7th week: traditional classes on International Criminal Justice (not for LEGS students)
  4. 8th week: lessons based on active discussion of the cases (International Criminal Justice) - not for LEGS students

Following the calendar indicated in the Syllabus, students are asked to read, before each lesson, the decisions highlighted in green in the Syllabus, which will be discussed, to make the discussion effective.

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 Dr. Giulia Lasagni and by Prof. Michele Caianiello.

Assessment methods

Students are strongly encouraged to attend to the lessons, 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 highlighted in green in the Syllabus that will be discussed in class, in accordance with the plan indicated in the Syllabus.

The final exam will be held in writing.

The final examination will consist of 3 questions (maximum 10 points each), which will deal with the topics dealt with in the lessons (both on the European criminal procedure and on the trial before the International Criminal Court) and in particular:

- A theoretical question on the principles

- A theoretical question about the cases treated in class (those cases are also examined in the textbooks)

- A practical question (solution of a case)

For each question there will be a maximum number of lines for the answer (approximately 15-20 lines).

Students of the Laurea Magistrale will be able to choose whether to write the exam in English or in Italian. LEGS students will write their exam in English.

The duration of the written examination will be about 1,5 hours and might be held online (according to the norms applied during the pandemic period).

The evaluation of the test will be carried out taking into account:

o knowledge of institutional profiles;

o the ability to analyse jurisprudential and doctrinal orientations;

o the ability to make connections between the different parts of the programme;

o the ability to develop, including in writing, critical arguments in summary form;

o the structure of the answers;

o the accuracy of the exposure of the answers.

Students with disabilities or Specific Learning Disorders 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 THESES

Master theses are assigned by Dr Giulia Lasagni and 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, which will be uploaded on Virtuale.

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

Office hours

See the website of Giulia Lasagni

See the website of Michele Caianiello