Aims of the course can be listed as it follows: 1.Giving the students an updated, complete background of notions about judicial cooperation in criminal matters, underlining the strict relationship between the mutual recognition principle (and mutual trust) and the free movement of persons in the Area of Freedom Security and Justice. 2.Improving the students' ability to work with principles and provisions. Students will be expected to successfully apply the notions learnt during the course to practical cases, through the study of official documents of the EU and, in particular, the case-law of the European Court of Justice and of the nationals Courts (i.e. Corte costituzionale e Corte di Cassazione). 3.Developing autonomous ability to convincingly debate and to put forward arguments with respect to the subjects of the course. 4.Allowing students to acquire legal terminology skills. Students will be expected to express the knowledge acquired during the course in a coherent, well-argued fashion as well as with proper legal terminology. 5.Improving the students' ability to learn, in autonomy, new notions, in order to further develop and update their knowledge of EU criminal law, by applying the legislative framework as well as the relevant case-law, also at a national level. 6.Giving students notions which can be helpful in a multi-disciplinary prospective; 7.Developing a complete background of knowledge and competences for professional careers, especially for those which deals with Criminal Law.
Expected learning outcomes
By the end of the course, students will be expected to have acquired: (i) an adequate knowledge and understanding of the European integration process and of the rules and principles which regulate the judicial cooperation in criminal matters between the EU Member States; (ii) the ability to work with principles and legal rules, as well as to apply the notions learnt to practical cases; (iii) the ability to interpret the legal rules studied and to take properly argued and legally sound positions on the subjects of the course; (iv) a deep knowledge of the legal terminology related to the matter of the course; (v) the basic skills to further develop and update their knowledge of EU law, especially in the field of the course.
Lesson period: First semester
(In case of multiple editions, please check the period, as it may vary)
The course aims at offering an in-depth knowledge of the Area of Freedom Security and Justice, which has progressively become an essential component of the European Integration process. In particular, the course focuses on judicial cooperation in criminal matters, from its creation pursuant to the Maastricht Treaty to its 'communitarisation' in the Lisbon Treaty and most notably in Part III, Ti-tle V of the Treaty on the Functioning of the European Union (TFEU).
In the first part, the course will dwell upon the mechanisms which govern the judicial cooperation in criminal matters according to Article 82 TFEU. Particular attention will be paid to the mutual recog-nition of criminal judgments and decisions and the ways to tackle conflicts of jurisdiction, as well as to the approximation of national procedural laws, most notably with regard to the rights of individuals (suspects/accused and victims). A particular attention will be dedicated to the ne bis in idem principle and the framework decision 2009/948/JAI on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings as well as to the framework decision 2002/584/JAI on the European Arrest Warrant and to the framework decision 2008/909/JAI on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences. Furthermore, the attention will be focused on the EU directives ensuring the position of suspects and accused per-sons in criminal proceedings (starting from the directive 2010/64/EU on the right to interpretation and translation, to the most recent directive EU 2016/1919 on legal aid in criminal proceedings) and the one of the victims of crime (in particular, the directive 2012/29/EU and the directive 2004/80/EC). In the second part, the course addresses the judicial cooperation under Article 83 TFEU, that al-lows for the approximation of national substantial criminal law, including the constituent elements of crime and the applicable sanctions, in order to guarantee the effectiveness of any EU policy enacted through harmonization (e.g. the EU act for protection of the financial interest of the European Union). Finally, the last part of the course will be dedicated to the critical assessment of the pros and cons of the creation of a European Public Prosecutor's Office, in compliance with Article 86 TFEU. No special programs foreseen for Erasmus students.
Prerequisites for admission
The course is addressed to those students who have already passed the EU Law exam and, preferably, the Criminal Procedure exam.
The course is held through lectures. Attendance allows students to acquire all the notions which are necessary to pass the exam. Lectures might be held by scholars, experts, lawyers, chosen for their special competences. Attending students will be requested to analyse judgments given by the European Court of Justice or by Italian Courts (such as Corte Costituzionale or Corte di Cassazione) and to present the contents to other students during the following lessons. This activity will be taken into account by the Professor in evaluating the final exam.
E. KOSTORIS (ed), Manuale di procedura penale europea, Milano, 2017 or last edition available; C. AMALFITANO, Commenti agli artt. 82-83 TFUE, in A. TIZZANO (ed), Fonti del diritto - Trattati dell'Unione europea, Milano, 2014.
For the documents, see C. AMALFITANO, Codice di cooperazione giudiziaria penale dell'Unione europea, To-rino, 2017.
The recommended textbooks, although essential, are not sufficient. Lectures and other reading mate-rial (both EU acts and case law indicated and/or distributed in class) represent an important part of the program. Attendance is therefore highly recommended.
Assessment methods and Criteria
The final exam will be oral, and the grade will be expressed in thirtieths (/30), with the possibility of attributing honours. The criteria for assessing the oral exam include the correctness of the contents, the clarity of the argumentations put forward, the ability to provide a critical analysis and to work with principles and notions. For attending students, their presentations will be considered. They also take into account the active participation of the students during the lessons.