Learning objectives
The course aims to provide the student with the methodological and cognitive tools to understand the role of legislation and european Courts in the protection of fundamental rights related to the criminal procedure, as well as the cooperation instruments between the European Union countries.
At the end of the course the student is expected to be able:
- to accurately distinguish the system of protection of fundamental rights within the Council of Europe from the role of organs operating within the European Union;
- identify the legal effects of judgments of the different european courts in the national system;
- have a clear conceptual map of cooeperaton instruments between the countries of the European Union.
Prerequisites
For students attending the IVth academic year (a.y. 2017-2018), it si necessary to have passed the exames of: Institutions of Private Law, Institutions of Roman Law, Constitutional Law and Criminal Law I.
It is not necessary to have passed the exam of Criminal Procedure
Course unit content
The course will analyze the criminal procedure rules of the Great and the Small Europe. In the first part of the course, the attention will be focused on the protection of fundamental rights in the European Convention on Human Rights and on the Court of Strasbourg case-law. In the second part of the attension will be focused on the criminal procedure discipline within the European Union.
Full programme
The protection of fundamental rights in the European Convention on Human Rights.
The protection of personal freedom.
The guarantees of fair trial in criminal matters; the right to appeal; the protection from double jeopardy.
Criminal procedural rules in the European Union.
The European Union Directives on Criminal Justice:
- Fundamental rights of the accused and convicted person;
- The protection of the victims
Judicial and police cooperation within the European Union:
- Investigative cooperation: Europol, Eurojust, the project for the introduction of the European Public Prosecutor Office
- cooperation on gathering of the evidences
- The Framework Decision on the European Arrest Warrant
Parallel criminal proceedings: mutual recognition of judicial decisions and guarantee of ne bis in idem.
Bibliography
AA.VV., Corte di Strasburgo e giustizia penale, a cura di G. Ubertis-F. Viganò, Giappichelli, 2016 (only Art. 1 – Art. 3 (§ 23, 24 e 25) – Art. 5 – Art. 6 – Art. 8 (§ 11, 15, 16, 17) – Art. 13 – Art. 15 – Art. 2 Prot. Add. – Art. 2 Prot. n. 7 – Art. 4 Prot. n. 7)
and
AA.VV., Manuale di procedura penale europea, a cura di R.E. Kostoris, Giuffrè, 2016, only: Parte Terza, Cap. II e III; Parte Quarta, Cap. I, II, III, IV
Teaching methods
Frontal lessons. Discussion in class about ECtHR Case-law.
Assessment methods and criteria
Oral examination-
The exam focuses on the student's skills to understand the fundamental principles of the fair European process and the criminal procedural discipline within the Council of Europe and the European Union.
Participation in seminars exempts students from some parts of the program, according to the information provided for by the teacher during the lessons.
Other information
The exam of European Criminal Procedure could be used by the student to anticipate a semester of bar practice ((http://cdlmg-giur.unipr.it/studiare/anticipo-semestre-tirocinio-professione-forense), if the studend has not passed the exam of Italian Criminal Procedure yet.
2030 agenda goals for sustainable development
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