Eu Judicial Cooperation in Criminal Matters
A.Y. 2025/2026
Learning objectives
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.
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: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
Course syllabus
The course aims to provide an in-depth knowledge of judicial cooperation in criminal matters, as well as the criminal procedure law in the "small" and in the "large" Europe.
The first part of 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.
In the second part of the course, attention will be focused on the mechanisms of criminal judicial cooperation which find their legal basis in art. 82 TFEU, with particular regard to the principle of mutual recognition of criminal decisions (recently also transposed into Title I-bis of Book XI of the Code of Criminal Procedure).
The following instruments of judicial collaboration within the European Union will therefore be analysed: the European arrest warrant, the European criminal investigation order; joint investigation teams; the European Victim Protection Order; coordination bodies between judicial (Eurojust) and police (Europol) authorities; the establishment of the European Public Prosecutor's Office (EPPO).
Finally, the focus will be onthe discipline inherent to jurisdictional relations with foreign authorities (book XI of the criminal procedure code): extradition; international letters rogatory; the effects of foreign criminal sentences and the enforcement of Italian criminal sentences abroad; the transfer of criminal proceedings.
The first part of 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.
In the second part of the course, attention will be focused on the mechanisms of criminal judicial cooperation which find their legal basis in art. 82 TFEU, with particular regard to the principle of mutual recognition of criminal decisions (recently also transposed into Title I-bis of Book XI of the Code of Criminal Procedure).
The following instruments of judicial collaboration within the European Union will therefore be analysed: the European arrest warrant, the European criminal investigation order; joint investigation teams; the European Victim Protection Order; coordination bodies between judicial (Eurojust) and police (Europol) authorities; the establishment of the European Public Prosecutor's Office (EPPO).
Finally, the focus will be onthe discipline inherent to jurisdictional relations with foreign authorities (book XI of the criminal procedure code): extradition; international letters rogatory; the effects of foreign criminal sentences and the enforcement of Italian criminal sentences abroad; the transfer of criminal proceedings.
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, limitatamente ai seguenti capitoli: I, II, III, IV, V e IX.
For the remaining part of the program, preparation is based on the content of the lessons and on the material (both regulatory and jurisprudential) distributed during the course and uploaded to the Ariel page.
For the remaining part of the program, preparation is based on the content of the lessons and on the material (both regulatory and jurisprudential) distributed during the course and uploaded to the Ariel page.
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
Professor:
Caneschi Gaia
Professor(s)