European criminal law
- A.A. 2022/2023
- CFU 8
- Ore 40
- Classe di laurea L-14
Prerequisiti:
Knowledge of the principles of Constitutional Law with particular reference to the discipline of the relationship between sources of law.
Formative objectives:
Provide students with the necessary tools in order to understand Criminal Law in the perspective of the European Union Law and the Human Rights Law.
Expected learning outcomes:
. Knowledge of the main principles of Criminal Law as expressed in the European Union Law and Human Rights Law.
. Knowledge of the outcomes of European Union Law and Human Rights Law on the Italian Criminal system.
. Ability to analyze the judgments of the European Court of Human Rights and of the Court of Justice of the European Union.
1) Criminal Law in the International context: introductory profiles.
2) Main principles of Italian Criminal Law: sources and limits of the criminal provisions' applicability; structure of the offence.
3) The influence of European Union Law on the Member States' Criminal Law: European competence for adopting Criminal Law; interpretation and application of domestic substantive Criminal Law.
4) The influence of the European Convention on Human Rights on the Member States' Criminal Law: the notion of criminal matters; the main guarantees provided by the Convention for the purposes of Criminal Law.
- 1. (A) Helmut Satzger International and European Criminal Law C.H.Beck, Hart and Nomos, Munchen - Oxford - Baden-Baden, 2018 » Pagine/Capitoli: pages: 1-6; 45-123; 170-214.
- 2. (A) Astolfo Di Amato Criminal Law in Italy Kluwer Law International, Netherlands, 2020 » Pagine/Capitoli: pages:19-158
In addition to the above-mentioned textbooks, students are required to study the most significant judgments of the European Court of Human Rights and of the European Court of Justice, that will be made available by the professor in the course's website.
Students regularly attending classes will not to be requested to study pages from 170 to 214 of the textbook "International and European Criminal Law". This part of the program will be covered during the lessons also through materials to be provided by the professor.
- Theoretical lectures (with the support of slides) and discussions between the students and the professor.
- The exam aims to verify the level of knowledge and critical capacity achieved through the study of the subject.
Students regularly attending classes will be evaluated through a midterm written exam consisting in two open questions on subjects explained during the course until that moment and through a final written exam consisting in two more open questions on the remaining issues.
Students not regularly attending classes will be evaluated through a final written exam consisting in five open questions.
All the exams will be taken in English
English
English