99749 - DIRITTO PENALE EUROPEO

Learning outcomes

The course aims to investigate the foundation and rationale of European criminal law, examining the main institutes from a normative and an empirical perspective. The essential notions of EU Criminal Law will be analysed through the most relevant judicial ‘saga’ and the most discussed cases, which have contributed most to the development and evolution of penal law in the supranational dimension.

Course contents

The course aims to examine some of the essential issues of European criminal law, analysing the perspective adopted both at the European and ECHR level. The main consequences and influences affecting the domestic dimension will be analysed too.

In particular, the first part of the course will examine

- the interference between EU law and Criminal law in a historical perspective

- the path for harmonisation with particular regard to direct and indirect effects in the penal field

- judicial cooperation in the opposition among security and guarantee instances

- the ECHR system and the protection of fundamental rights in criminal matters

- ECHR justice and positive obligations of incrimination

The second part of the course, instead, aims at analysing certain specific questions, with particular regard to

- the notion of "matière pénale", in relation to the problem of preventive measures in anti-mafia matters

- the principle of ne bis in idem in substantial and procedural perspective (brief outline)

- the legality principle at the supranational level, foreseeability of offences and foreseeability of sanctions

- the protection of the right to life and its limitations

- the prohibition of inhuman and degrading treatment, with particular regard to prison overcrowding and the prohibition of torture

- whole-life sentences and rehabilitation

- from guarantees for the defendant to the protection of victims

Through the second part of the course, it will be possible to achieve an in-depth knowledge of the main issues currently discussed at the supranational level, learning to critically elaborate the acquired notions so as to be able to autonomously apply them to the case studies.

Readings/Bibliography

Per lo studio del corso

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

Teaching methods

The course will be conducted with the attending students by promoting forms of interactive and participatory teaching. In particular, a number of recent cases will be examined in class, discussing the several profiles of particular relevance to criminal law at supranational level. The analysis of the several legal arguments implied and the discussion of the solutions put forward - and of the alternatives that can be envisaged - will enable the critical analysis of the institutes to be strengthened, as well as to be flanked by 'traditional' theoretical knowledge.

During the course, thematic workshop will be organised for the attending students. To this end, additional study materials will be provided, the consultation of which will be fully voluntary. The topics of the seminars and the related organisation details will be communicated in class.

Assessment methods

For those attending the course, the final exam can be taken in two alternative ways, at the students' choice. In fact, it will be possible to take the final exam either exclusively orally or, alternatively, through the preparation of a written paper on one of the topics addressed in class (60% of the final grade) and an oral interview (40% of the final grade). Detailed information on when and how the written test will be conducted will be given to the attending students in class.

For those not attending the course, the final exam will be conducted exclusively in the oral form.

The purpose of the written test is to verify the knowledge and argumentative capacity developed in relation to the main issues addressed in class. The preparation of the paper also enables the implementation and enrichment of writing skills, so as to improve exposition and argumentative techniques in writing. On the contrary, the oral test aims to ascertain the learning of the subject’s essential notions and the critical capacity to orienting among the various institutes, developing connections, critical and personal considerations. The interactive method followed during the course aims, in fact, to prepare for the examination by refining the aforementioned skills in view of the final examination.

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

Explanatory ability, achieving an organic view of the various issues, using appropriate technical language and 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, attendees will be provided with all the necessary materials for the preparation of the discussion of each case study, especially regarding the second part of the course.

For those students who, for reasons dependent on disabilities or specific learning disorders (DSA), need compensatory tools, the most appropriate measures can be adopted, upon request communicated to the course teacher, or additional materials can be provided to support teaching.

Office hours

See the website of Alessandra Santangelo