European Criminal Law and Human Rights
A.Y. 2025/2026
Learning objectives
The aim of the course is to examine the impact of fundamental rights charters, and the mechanism for their judicial protection, on European national criminal justice systems. The course provides students with knowledge and methodology that they may employ both in the context of judicial practice (as criminal lawyers, attorneys, clerks or judges), and for careers in international institutions and organisations for the protection of human rights in the field of criminal law.
Expected learning outcomes
Students who have successfully completed the course will have acquired the following knowledge and skills:
knowledge of the sources of fundamental rights affecting national criminal justice systems;
knowledge of the leading judgments of the European Court of Human Rights and the Court of Justice of the European Union having an impact in criminal justice systems;
the ability to interpret the charter of fundamental rights, even beyond the wording of each single provision;
the ability to navigate conflicting case-law, compare arguments and develop a reasoned position;
the ability to identify critical elements of criminal justice systems and address them through the lens of fundamental rights;
the ability to articulate legal reasoning across the supranational and national dimensions of legal cases;
the ability to understand and to employ appropriate legal language and vocabulary.
knowledge of the sources of fundamental rights affecting national criminal justice systems;
knowledge of the leading judgments of the European Court of Human Rights and the Court of Justice of the European Union having an impact in criminal justice systems;
the ability to interpret the charter of fundamental rights, even beyond the wording of each single provision;
the ability to navigate conflicting case-law, compare arguments and develop a reasoned position;
the ability to identify critical elements of criminal justice systems and address them through the lens of fundamental rights;
the ability to articulate legal reasoning across the supranational and national dimensions of legal cases;
the ability to understand and to employ appropriate legal language and vocabulary.
Lesson period: First 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
First semester
Course syllabus
The course covers the following topics, each of which will be unpacked through a series of case studies:
1) Introduction to the relationship between human rights and criminal justice systems
2) Right to life
3) Prohibition of torture and inhuman and degrading treatment
4) Prohibition of slavery and forced labour
5) Right to personal freedom
6) Right to a fair trial
7) Legality of crimes and penalties
8) Right to respect for private and family life
9) Freedom of expression and assembly
10) Ne bis in idem
1) Introduction to the relationship between human rights and criminal justice systems
2) Right to life
3) Prohibition of torture and inhuman and degrading treatment
4) Prohibition of slavery and forced labour
5) Right to personal freedom
6) Right to a fair trial
7) Legality of crimes and penalties
8) Right to respect for private and family life
9) Freedom of expression and assembly
10) Ne bis in idem
Prerequisites for admission
Although there are no formal admission requirements, the course is addressed to students who have already acquired knowledge of Criminal law, European Union law and International law. Knowledge of English at least at B2 level is strongly recommended.
Teaching methods
The course is taught in English. The first lectures will address the essential notions and the theoretical framework of the subject. Subsequently, each topic will be examined by means of a case-study method, namely through the analysis of judgments of the European Court of Human Rights and the Court of Justice of the European Union that had a significant impact on the relationship between human rights and criminal justice systems. During lectures students will be constantly encouraged to participate in the debate on the issues addressed.
Teaching Resources
Students will study for the exam using the notes taken during lectures and the supplementary materials (such as legal texts, judgments and doctrinal articles) provided by the lecturer at the beginning of the course.
Assessment methods and Criteria
In order to be eligible for the exam, attendance at the course is mandatory. A maximum of three absences are permitted. The exam consists of a written test, composed of open-ended questions, drawn from the topics covered during the lectures.
The assessment will be based on the following factors: comprehensiveness of the information provided; accuracy in explaining concepts; capacity to put arguments in a logic order; consistence of reasoning; use of appropriate legal terminology. Active participation in classroom discussions will also contribute to the final mark, expressed out of thirty.
If the written test is not passed, or if the student considers the mark unsatisfactory, it will be possible to take an oral test.
The assessment will be based on the following factors: comprehensiveness of the information provided; accuracy in explaining concepts; capacity to put arguments in a logic order; consistence of reasoning; use of appropriate legal terminology. Active participation in classroom discussions will also contribute to the final mark, expressed out of thirty.
If the written test is not passed, or if the student considers the mark unsatisfactory, it will be possible to take an oral test.
Professor(s)
Reception:
Tuesday at 2.30 p.m. (by appointment only)
Department of Law "Cesare Beccaria", Criminal law section (Via Festa del Perdono 3, 2nd floor)