EUROPEAN CRIMINAL LAW

EUROPEAN CRIMINAL LAW

Maurizio Bellacosa

Obiettivi formativi

The Course provides students with the tools and the knowledges of the basic principles of European Criminal Law, with particular reference to the European Union competences in criminal law matters as well as to the influence of the European sources in the criminal law systems of each Member State. Also, the role of the European Convention on Human Rights and the most important cases of the European Court of Human Rights will be analysed.

Risultati di apprendimento attesi

Knowledge and understanding: the student - through interactives lectures and group discussions dedicated to case analysis - will acquire full knowledge of the evolution of European Criminal Law, its birth and the principles that characterize it. The student will also know the evolutionary perspectives of the notion of European Criminal Law and the current problems. The acquisition of such knowledge will be ascertained through an oral exam. Applying knowledge and understanding: The student, by acquiring the theoretical tools and the correct legal method, will be able to interpret the rules that will be analyzed, also in the light of the relevant principles. The student will also be able to legally qualify concrete cases and understand the most important case law. This knowledge will be ascertained through an oral exam. Making judgments: The student, through the correct method and research methodologies acquired during the course, will be able to collect data and materials to analyze the relevant cases and the most important European Courts rulings. The student, therefore, will have acquired the ability to evaluate such data and materials independently and to formulate his own critical judgment on the application of the most relevant principles to practical cases, being able to identify concrete solutions to legal problems. Communication skills: at the end of the course the student will be able to use the subject’s legal language properly also having regard to the typical technical words of European and international legislation. Due to the different teaching methodologies used during the course, the student will be able to put these communication skills into practice in different contexts and forms, thus acquiring additional rhetorical and argumentative skills as well as the ability to adapt the terms used to the context. Learning skills: the knowledge acquired during the course will allow the student to understand and interpret autonomously the regulatory changes and the Scholars or Courts’ new thoughts related to the European Criminal Legal System.

Contenuti Del Corso

The study and the analysis of the sources of European Criminal Law; the influence of the European Law on National Criminal Law; the Cooperation in criminal matters; criminal law and the European Convention on Human Rights.

Testi Di Riferimento

Satzger H., (2018), International and European Criminal Law, Beck-Hart-Nomos, from page 45 to page 214. https://luiss.alma.exlibrisgroup.com/discovery/openurl?institution=39LLUISSGC_INST&rfr_id=info:sid%2Fsummon&rft_dat=ie%3D2137829070004196,language%3DEN&svc_dat=CTO&u.ignore_date_coverage=true&vid=39LLUISSGC_INST:Services&Force_direct=false

Metodologie Didattiche

Theorical Lectures; Case Studies and interactive classes.

Modalità di verifica dell'apprendimento

The final exam consists of an oral interview and the student shall demonstrate that he/she has achieved the expected learning outcomes, firstly with regard to the necessary knowledge of the European Criminal Framework, referred both to the European Union Legislation, then to the ECHR. The student shall also demonstrate a deeply knowledge of the European Institution, Organs and Treaties, as well as of the European Court of Human Rights case law. The student shall be able to use an appropriate legal vocabulary and to give a correct legal qualification to concrete cases. The student is also expected to prove that he/she is able to independently analyze relevant legislation and case law, as to develop an autonomous ability to study the subject.

Criteri per l’assegnazione dell’elaborato finale

Interest and attitude for the subject; high mark at oral exam; attendance of the Criminal Law major; high level of English, both written and spoken.

Settimana 1

INTRODUCTION TO EUROPEAN CRIMINAL LAW Topic. 1.1 Basic Principles and Issues of European Criminal Law; Topic 1.2. Meaning of the Term “European Criminal Law” Topic 1.3. The Influence of European Law on Criminal Law Topic 1.4. History of Primary Law Influence on Criminal Law. Topic 1.5. European Law-Making versus Harmonisation of Laws Topic 1.6. Supranational Criminal Law Existing Sanctions at Union Level Topic 1.7. The Different Types of European Sanctions ------------------ Reference book: pp. 45-61. See also the slides and/or other teaching materials on Luiss Learn platform

Settimana 2

Topic 1.1. Lexicon and terminology of European Criminal Law. Topic 1.2. First Instances of a European Criminal Law de lege lata? Topic 1.3. European Competence Provisions for Adopting Criminal Law Topic 1.4. Projects concerning “European Criminal Law” Topic 1.5. The Influence of European Law on Domestic Substantive Criminal Law ----------- Reference book: pp. 61-76. See also the slides and/or other teaching materials on Luiss Learn platform

Settimana 3

Topic 1.1. Primary Law as a Restriction on National Criminal Law Topic 1.2. European Law Serving as Upper Limit for National Criminal Law Topic 1.3. Minimum Requirements for Criminal Law set by European Law Restrictions on National Criminal Law Resulting from Secondary Law. --- Topic 1.1. Competence of The European Union in Criminal Matters before the Treaty of Lisbon; Topic 1.2. The Art. 83 TFEU Topic 1.3. The Annex Competence (Art. 83 (2) TFEU) ----------- Reference book: pp. 77-90. See also the slides and/or other teaching materials on Luiss Learn platform

Settimana 4

Topic 1.1. Competence for Minimum Harmonisation Topic 1.2. The “Emergency Brake” (Art. 83 (3) TFEU) --- Topic 1.1. Fundamental aspects of the Criminal Justice System. Topic 1.2. Other Competences – Analyses of the competence Provisions. Topic 1.3. European Criminal Policy -------------- Reference book: pp. 90-98. See also the slides and/or other teaching materials on Luiss Learn platform.

Settimana 5

Topic 1.1. References to European Law in Domestic Criminal Law Provisions Topic 1.2. Rules in directives and in regulations Topic 1.3. Problems Arising from the Use of Blanket Criminal Laws Referring to EU Regulations Topic 1.4. Effect of blanket references and issues concerning their interpretation. Blanket laws and the lex certa requirement --- Topic 1.1. The Influence of European Law on the Interpretation and Application of Domestic Substantive Criminal Law Topic 1.2. Neutralizing Effect on Domestic Law Interpretation in the Light of European Law Relevance of Framework Decisions Case Studies and Class Discussion -------------- Reference book: pp. 98-123. See also the slides and/or other teaching materials on Luiss Learn platform.

Settimana 6

Introduction to International Criminal Law Topic 1.1 The International Criminal Law Topic 1.2 The Sources of the International Criminal Law Topic 1.3 The International Criminal Court Topic 1.4 The Jurisdiction of the International Criminal Court Topic 1.5 The Fundamental Principles of International Criminal Law ------------- See the slides and/or other teaching materials on Luiss Learn platform.

Settimana 7

Topic 1.1. The Council of Europe and its role in Criminal Law Topic 1.2. The European Convention on Human Rights. Topic 1.3. The ECHR in Different Legal Systems. Significance of the Convention for EU Law Topic 1.4. The Interpretation of the ECHR Guarantees Relating to Criminal Law. Overview Case Studies and Class Discussion. -------------- Reference book: pp. 170-180. See also the slides and/or other teaching materials on Luiss Learn platform.

Settimana 8

Topic 1.1. Right to Life – art. 2 ECHR Topic 1.2. Prohibition of Torture (and degrading punishment) – art. 3 ECHR Topic 1.3. Right to Liberty and Security - art. 5 ECHR -------------- Reference book: pp. 180-195. See also the slides and/or other teaching materials on Luiss Learn platform.

Settimana 9

Topic 1.1. Right to a Fair Trial – arts 6 (1) and (5) ECHR Topic 1.2. Presumption of Innocence – art. 6 (2) ECHR ----------------- Reference book: pp. 195-204. See also the slides and/or other teaching materials on Luiss Learn platform.

Settimana 10

Topic 1.1. No Punishment without Law – art. 7 ECHR Topic 1.2 Right to Respect for Private and Family Life – art. 8 ECHR ----------------- Reference book: pp. 204-210. See also the slides and/or other teaching materials on Luiss Learn platform.

Settimana 11

Topic 1.3. Right to Appeal in Criminal Matters – art. 2 (1) Additional Protocol No. 7. The ne bis in idem principle. Procedural Law and Organs of the ECHR ---- Special Part/1 Topic. 1.1 The Fight against Fraud to the EU’s Financial Interests by means of Criminal Law Topic 1.2. The Cooperation Between EU MSs in recovering proceeds from crimes Topic. 1.3 The so called PIF Directives; the EPPO. Topic. 1.4 The Recovery Found ------------- Reference book: pp. 210-214. See also the slides and/or other teaching materials on Luiss Learn platform.

Settimana 12

Special Part/2 The EU attention on Environmental matters Topic 1.1 The EU Principles in Environmental Law Topic. 1.2 The EU Law Against Environmental Crimes. Topic. 1.3 The Dir. 2008/99/EU; the Commission Evaluation about Dir. 2008/99/CE; The EP and Council Proposal. Topic. 1.4 The New European Directive on Environmental Criminal Law. ------------- See the slides and/or other teaching materials on Luiss Learn platform.