Eu Judicial Cooperation in Criminal Matters
A.Y. 2025/2026
Learning objectives
The course aims to provide students with a structured and systematic understanding of the supranational legal framework governing criminal proceedings in Europe.
It examines the multi-level system of protection of procedural rights, focusing on:
- the European Convention on Human Rights and the case law of the European Court of Human Rights;
- European Union law relating to procedural safeguards in criminal proceedings;
- the interaction between national and supranational legal orders;
- the role of domestic and European courts in shaping and enforcing fair trial guarantees.
The course is designed to enable students to understand how European standards operate in practice within the Italian criminal justice system and how domestic procedural rules are required to conform to supranational constraints.
It examines the multi-level system of protection of procedural rights, focusing on:
- the European Convention on Human Rights and the case law of the European Court of Human Rights;
- European Union law relating to procedural safeguards in criminal proceedings;
- the interaction between national and supranational legal orders;
- the role of domestic and European courts in shaping and enforcing fair trial guarantees.
The course is designed to enable students to understand how European standards operate in practice within the Italian criminal justice system and how domestic procedural rules are required to conform to supranational constraints.
Expected learning outcomes
Upon successful completion of the course, students will be able to:
Knowledge and Understanding
- Identify the main European legal sources relevant to criminal procedure.
- Describe the content of fair trial guarantees under the ECHR and EU law.
- Explain the effects of European courts' judgments within the domestic legal order.
Applying Knowledge and Understanding
- Assess the conformity of national criminal procedural rules with European standards.
- Apply principles developed in European case law to concrete factual scenarios.
- Use consistent interpretation techniques to address potential conflicts between legal sources.
Making Judgements
- Formulate reasoned legal arguments concerning the relationship between national procedural autonomy and European obligations.
- Critically evaluate judicial developments relating to procedural rights.
Communication Skills
- Present legal issues concerning European criminal procedure clearly and accurately.
- Use appropriate legal terminology relating to Convention and EU law.
Learning Skills
- Demonstrate the ability to independently update and deepen their knowledge in light of evolving European legislation and case law.
Knowledge and Understanding
- Identify the main European legal sources relevant to criminal procedure.
- Describe the content of fair trial guarantees under the ECHR and EU law.
- Explain the effects of European courts' judgments within the domestic legal order.
Applying Knowledge and Understanding
- Assess the conformity of national criminal procedural rules with European standards.
- Apply principles developed in European case law to concrete factual scenarios.
- Use consistent interpretation techniques to address potential conflicts between legal sources.
Making Judgements
- Formulate reasoned legal arguments concerning the relationship between national procedural autonomy and European obligations.
- Critically evaluate judicial developments relating to procedural rights.
Communication Skills
- Present legal issues concerning European criminal procedure clearly and accurately.
- Use appropriate legal terminology relating to Convention and EU law.
Learning Skills
- Demonstrate the ability to independently update and deepen their knowledge in light of evolving European legislation and case law.
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
Course syllabus
The course aims to provide an in-depth knowledge of the criminal procedure law in the "small" and in the "large" Europe.
The course will deal with principles and protection of human rights in the European Convention on Human Rights, criminal procedure rules in the Tfue, and european directives on criminal justice; victim protection (European Victim Protection Order) will also be studied.
The course will deal with principles and protection of human rights in the European Convention on Human Rights, criminal procedure rules in the Tfue, and european directives on criminal justice; victim protection (European Victim Protection Order) will also be studied.
Prerequisites for admission
In addition to the propaedeuticities indicated in the Manifesto, it is recommended the knowledge of criminal procedure law and european union law.
Teaching methods
Teaching is delivered through lectures held by the teacher. The lessons offer a complete picture of the topics indicated in the program; attendance allows you to develop the skills and offer the knowledge necessary to successfully pass the exam.
Experts or professionals in the sector may be invited to hold some lessons, in order to offer the attending students further contributions or ideas of interest.
Experts or professionals in the sector may be invited to hold some lessons, in order to offer the attending students further contributions or ideas of interest.
Teaching Resources
M. Ceresa Gastaldo, S. Lonati (a cura di), Profili di procedura penale europea, Milano, 2023.
Assessment methods and Criteria
The final exam takes place for all students in a single oral exam. The evaluation is expressed with a mark out of thirty, with possible honours. The criteria for evaluating the oral exam take into account the correctness of the contents, clarity of argument and critical analysis and re-elaboration skills.
IUS/14 - EUROPEAN UNION LAW - University credits: 3
IUS/16 - CRIMINAL PROCEDURE - University credits: 3
IUS/16 - CRIMINAL PROCEDURE - University credits: 3
Lessons: 42 hours
Professors:
Caneschi Gaia, Garofalo Giulio
Educational website(s)
Professor(s)