91385 - European Criminal Law

Learning outcomes

At the end of the course unit, students: - possess an in-depth knowledge about the supranational regulation concerning the legal instruments designed by the European Union and the Council of Europe on judicial cooperation in criminal matters; - are capable to apply the existing supranational and European legal instruments to cross-border cases of criminal nature and to assess the interaction between those instruments and national legal orders, also with regard to the mechanisms for the protection of fundamental rights and in respect of certain aspects which necessarily contribute to characterizing the national identity of the European States.

Course contents

The course aims to provide students with a general understanding of European criminal law. This implies, firstly, an analysis of a number of EU framework decisions and directives as well as of CoE agreements, conventions and recommendations in the field of criminal law; secondly, the course will survey, in the thematic areas indicated below, the case law of the Court of Justice of the EU and the European Court of Human Rights, to assess their strengths, weaknesses, points in common and inconsistencies. The course will also familiarise students with the general principles of criminal law and the tensions between European Union law and domestic criminal law.

- Introduction to the notion of European Criminal Law and background surrounding the Lisbon Treaty, including the democracy issue and constitutional concerns; European sources in criminal matters, as well as their impact on internal legal systems; the role of the EU Court of Justice and the European Court of Human Rights.

- Implementing European regulations and principles: Execution of ECtHR judgments, transposition of EU law, implementation of CoE conventions (including impact of monitoring mechanisms).

- Principle of legality: nature, scope of applicability, Taricco saga (“dialogue” between EU Court of Justice and Italian Constitutional Court; statute of limitations); extensive interpretation vs. analogy in malam partem; confiscations; complicity in mafia-type organisation.

- EU policy and legislation against racism and religious intolerance through criminal law; case study on tensions between EU harmonisation and constitutional traditions of Member States on issues closely related to EU identity and fundamental values; role of ECtHR case law.

- Emergency situations and the criminal law: derogations from human rights instruments; non-derogable provisions; prohibition of torture; admissible (?) exceptions to the strict legality principle; crimmigration.

- Inhuman or degrading treatment or punishment, including irreducible life sentence and extradition questions, positive obligations: Cestaro v. Italy; Cwik v. Poland; Sanchez-Sanchez v. UK; Viola v. Italy.

- Artificial intelligence and criminal law (principles and challenges of a draft convention).

- Cybercrime.

- Development, application and compliance monitoring of Council of Europe standards in criminal matters; in particular, substantive principles and working methods of the following European bodies will be analysed: GREVIO (violence against women and domestic violence), Cybercrime Monitoring Committee, European Committee for the Prevention of Torture, GRETA (trafficking in human beings) and GRECO (corruption).

 

Readings/Bibliography

Reading material, including court cases, will be indicated at the beginning of the course and, where appropriate, uploaded on the course website.

 

Teaching methods

The course is based on an interactive and active learning approach, with an emphasis on critical thinking. Attending students will be encouraged to take part in the discussion and, individually or in small groups, conduct research and present its results during classes. The teaching will explain and rely on the comparative approach and the systematic analysis of domestic as well as European case law. Students will be equipped with the tools to understand the bigger picture, consider the plurality of sources and redress mechanisms along with the importance of the legal, historical and political contexts.

Professionals and academics with extensive experience in European criminal law will be invited to teach individual seminars or classes, for example officials serving European institutions will be invited to give a talk in which they will present both the relevant legal framework of their bodies and the practical aspects of their work.

 

Assessment methods

Non-attending students

The final exam consists of the drafting of two essays of at least 8,000 words each, to be prepared individually at home on two distinct topics indicated by the lecturer. Plagiarism, even in the slightest, will result in automatic exclusion from the course and reporting to the competent academic authorities.

Attending students

The final exam consists of one individual take-home paper of at least 6,000 and not exceeding 7,000 words on a topic among those indicated by the lecturer. Alternatively, students may combine an in-class individual presentation with a short paper on the same topic of the presentation. In any event, the bibliographic research is an essential part of the grading, and falls thus fully within the responsibility of students. Online sources are accepted provided that they be not the main sources and that they be of legal nature (e.g. avoid using Wikipedia).

The lecturer has discretion to adjust the grade to reflect active participation demonstrated during classes.

Teaching tools

The lecturer may use Power Point presentations to support teaching. Some classes of portions of them may be given online, in accordance with the University regulations.

Students with disabilities or learning disabilities (DSA) who need additional support may discuss their needs with the lecturer and be directed to the relevant personnel and agree on specific assistance.

Office hours

See the website of Paolo Lobba