Eu Judicial Cooperation in Criminal Matters
A.Y. 2024/2025
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 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 judicial cooperation in criminal matters, both from the point of view of European Union law and from the point of view of criminal procedural discipline.
The first part of the course will deal with the 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.
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).
Still at the European level, in terms of the approximation of national procedural legislation, especially through the preparation of minimum standards relating to personal rights, the directives, drawn up by the European Union legislator and implemented at national level, to protect the suspect will be examined. and of the accused in criminal proceedings and those to protect the victim of crime.
The first part of the course will deal with the 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.
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).
Still at the European level, in terms of the approximation of national procedural legislation, especially through the preparation of minimum standards relating to personal rights, the directives, drawn up by the European Union legislator and implemented at national level, to protect the suspect will be examined. and of the accused in criminal proceedings and those to protect the victim of crime.
Prerequisites for admission
The course is aimed at students who have passed the European Union law exam and the criminal procedural law exam.
Teaching methods
Teaching is mainly 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.
Teachers of other courses, 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.
With the attending students we will examine sentences of the Court of Justice, the Constitutional Court or the Court of Cassation and they may be asked for an oral presentation of the same.
Teachers of other courses, 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.
With the attending students we will examine sentences of the Court of Justice, the Constitutional Court or the Court of Cassation and they may be asked for an oral presentation of the same.
Teaching Resources
C. Amalfitano, Commenti agli artt. 82-83 TFUE, in A. TIZZANO (ed), Fonti del diritto - Trattati dell'Unione europea, Milano, 2014.
M. Chiavario - A. Perduca, Cooperazione giudiziaria internazionale in materia penale, Giappichelli, 2022.
Preparation for the exam is based not only on the recommended texts, but also on the content of the lessons and on the material (both regulatory and jurisprudential) distributed during the course. These considerations lead us to consider frequency of teaching recommended.
M. Chiavario - A. Perduca, Cooperazione giudiziaria internazionale in materia penale, Giappichelli, 2022.
Preparation for the exam is based not only on the recommended texts, but also on the content of the lessons and on the material (both regulatory and jurisprudential) distributed during the course. These considerations lead us to consider frequency of teaching recommended.
Assessment methods and Criteria
The final exam relating to the teaching takes place for all students - attending and not - 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. For those attending, the presentations carried out in the classroom during the course and their active participation in the lessons are taken into account.
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:
Camaldo Lucio Bruno Cristiano, Caneschi Gaia
Shifts:
Professor(s)
Reception:
By appointment (to be requested by email)
Department "Cesare Beccaria"