Giurisprudenza | EUROPEAN CRIMINAL PROCEDURE

cod. 0160100389

EUROPEAN CRIMINAL PROCEDURE

	0160100389
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2017/2018

PERCORSO COMUNE

	YEAR OF DIDACTIC SYSTEM 2012
	SECONDO SEMESTRE

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/16	8	72	LESSONS	SUPPLEMENTARY COMPULSORY SUBJECTS

	Objectives
	THE TEACHING PROPOSES TO STUDY THE RELAPSES ON THE OPERATION OF THE ITALIAN CRIMINAL JUSTICE OF THE REGULATORY MEASURES AND OF THE INSTRUMENTS INTRODUCED IN EUROPEAN CONTEXT TO ENCOURAGE HARMONIZATION OF NATIONAL LEGAL SYSTEMS AND MORE EFFICIENT JUDICIAL INTER-STATE COOPERATION IN CRIMINAL MATTERS, AS WELL AS THE IMPACT ON LEGISLATION AND ON INTERNAL PENAL JURISPRUDENCE OF THE EUROPEAN LIVING LAW ABOUT FUNDAMENTAL RIGHTS, AS EXPRESSED BY THE EUROPEAN COURT OF HUMAN RIGHTS AND BY THE JUSTICE COURT OF THE EUROPEAN UNION. KNOWLEDGE AND UNDERSTANDING GENERAL KNOWLEDGE OF THE SYSTEM OF PROTECTION OF HUMAN RIGHTS IN THE SPHERE OF EUROPEAN UNIONE AND CEDU SYSTEM; ABILITY TO UNDERSTAND THE ASPECTS AND THE FUNDAMENTAL DYNAMICS OF THE POLICE AND JUDICIAL COOPERATION AMONG STATES MEMBERS OF THE EUROPEAN UNION; THE OLD INSTRUMENTS FOR MUTUAL ASSISTENCE IN CRIMINAL MATTERS AND NEW LEGAL INSTRUMENTS ON POLICE AND JUDICIAL COOPERATION FOUNDED ON THE PRINCIPLE OF THE MUTUAL RECOGNITION OF JUDICIAL DECISIONS. APPLYING KNOWLEDGE AND UNDERSTANDING ABILITY TO READ AND TO INTERPRET THE NATIONAL PROCEDURAL CRIMINAL LAW AT THE LIGHT OF COMMUNITY LAW AND JURISPRUDENCE OF EUROPEAN COURT OF HUMAN RIGHTS IN STRASBOURG; ABILITY TO DETECT UNDERLYING TRENDS AD FUTURE DEVELOPMENT OF THE POLICE AND JUDICIAL COOPERATION AMONG STATES MEMBERS OF THE EUROPEAN UNION; ABILITY TO USE THE EXISTING PROCEDURES AND TOOLS FOR PROTECTION OF HUMAN RIGHTS IN EUROPE.

THE TEACHING PROPOSES TO STUDY THE RELAPSES ON THE OPERATION OF THE ITALIAN CRIMINAL JUSTICE OF THE REGULATORY MEASURES AND OF THE INSTRUMENTS INTRODUCED IN EUROPEAN CONTEXT TO ENCOURAGE HARMONIZATION OF NATIONAL LEGAL SYSTEMS AND MORE EFFICIENT JUDICIAL INTER-STATE COOPERATION IN CRIMINAL MATTERS, AS WELL AS THE IMPACT ON LEGISLATION AND ON INTERNAL PENAL JURISPRUDENCE OF THE EUROPEAN LIVING LAW ABOUT FUNDAMENTAL RIGHTS, AS EXPRESSED BY THE EUROPEAN COURT OF HUMAN RIGHTS AND BY THE JUSTICE COURT OF THE EUROPEAN UNION.

KNOWLEDGE AND UNDERSTANDING

GENERAL KNOWLEDGE OF THE SYSTEM OF PROTECTION OF HUMAN RIGHTS IN THE SPHERE OF EUROPEAN UNIONE AND CEDU SYSTEM; ABILITY TO UNDERSTAND THE ASPECTS AND THE FUNDAMENTAL DYNAMICS OF THE POLICE AND JUDICIAL COOPERATION AMONG STATES MEMBERS OF THE EUROPEAN UNION; THE OLD INSTRUMENTS FOR MUTUAL ASSISTENCE IN CRIMINAL MATTERS AND NEW LEGAL INSTRUMENTS ON POLICE AND JUDICIAL COOPERATION FOUNDED ON THE PRINCIPLE OF THE MUTUAL RECOGNITION OF JUDICIAL DECISIONS.

APPLYING KNOWLEDGE AND UNDERSTANDING

ABILITY TO READ AND TO INTERPRET THE NATIONAL PROCEDURAL CRIMINAL LAW AT THE LIGHT OF COMMUNITY LAW AND JURISPRUDENCE OF EUROPEAN COURT OF HUMAN RIGHTS IN STRASBOURG; ABILITY TO DETECT UNDERLYING TRENDS AD FUTURE DEVELOPMENT OF THE POLICE AND JUDICIAL COOPERATION AMONG STATES MEMBERS OF THE EUROPEAN UNION; ABILITY TO USE THE EXISTING PROCEDURES AND TOOLS FOR PROTECTION OF HUMAN RIGHTS IN EUROPE.

	Prerequisites
	THERE IS NO OBLIGATION TO SUSTAIN PREPARATORY TEACHINGS - NEVERTHELESS, IT IS RECOMMENDED TO ACQUIRE BASIC KNOWLEDGES OF EUROPEAN UNION LAW AND THE PROCEDURAL CRIMINAL LAW.

	Contents
	IMPACT OF COMMUNITY LAW AND THE CASE-LAW OF THE EUROPEAN COURTS (E.D.U. COURT AND COURT JUSTICE U.E.) ON THE ITALIAN CRIMINAL PROCEDURAL LAW. - THE MULTILEVEL SAFEGUARDING OF FUNDAMENTAL HUMAN RIGHTS IN EUROPE. - THE AUTHORITIES, FORMS AND RESOURCES OF THE PENAL JUSTICE COOPERATION IN THE EUROPEAN LEGAL SPACE. - THE TRANSNATIONAL CIRCULATION OF PENAL EVIDENCE: THE NEW INSTRUMENTS INTENDED TO REPLACE THE TRADITIONAL JUDICIAL ASSISTANCE MODEL BASED ON LETTERS ROGATORY. - EUROPEAN ARREST WARRANT AND EXTRADITION. - THE INTERNAL DISCIPLINE OF THE JURISDICTIONAL RELATIONS WITH FOREIGN AUTHORITIES.

Contents

IMPACT OF COMMUNITY LAW AND THE CASE-LAW OF THE EUROPEAN COURTS (E.D.U. COURT AND COURT JUSTICE U.E.) ON THE ITALIAN CRIMINAL PROCEDURAL LAW. - THE MULTILEVEL SAFEGUARDING OF FUNDAMENTAL HUMAN RIGHTS IN EUROPE. - THE AUTHORITIES, FORMS AND RESOURCES OF THE PENAL JUSTICE COOPERATION IN THE EUROPEAN LEGAL SPACE. - THE TRANSNATIONAL CIRCULATION OF PENAL EVIDENCE: THE NEW INSTRUMENTS INTENDED TO REPLACE THE TRADITIONAL JUDICIAL ASSISTANCE MODEL BASED ON LETTERS ROGATORY. - EUROPEAN ARREST WARRANT AND EXTRADITION. - THE INTERNAL DISCIPLINE OF THE JURISDICTIONAL RELATIONS WITH FOREIGN AUTHORITIES.

	Teaching Methods
	THE COURSE INCLUDES 72 HOURS OF LESSONS, TUTORIALS AND LABORATORY ACTIVITIES AND IS BASED ON A TEACHING METHOD CHARACTERIZED BY PRAGMATISM, WITHOUT NEGLECTING THE NEED OF A THEORETICAL FRAMEWORK REQUIRED FOR A COMPREHENSIVE APPROACH TO THE MATTER. THE LESSONS CONSTANTLY GIVE VALUE TO THE REFLECTIONS OF TEACHING APPLICATIONS. THERE IS NO OBLIGATION OF FREQUENCY.

	Verification of learning
	FINAL ORAL EXAM. THE VERIFICATION OF THE LEARNING WILL CONCERN: 1) ABILITY TO SPEAK CLEARLY AND WITH APPROPRIATE LANGUAGE; 2) ABILITY TO ARGUE AND TO ARTICULATE A SPEECH MADE; 3) ABILITY TO MAKE CONNECTIONS BETWEEN RULES AND LEGAL CONCEPTS; 4) ABILITY TO ANSWER PROMPTLY THE QUESTIONS RAISED; FOR THE ATTENDING STUDENTS, THE OVERALL ASSESSMENT OF THE LEARNING WILL TAKE ACCOUNT OF ACTIVE PARTICIPATION TO LECTURES AND TUTORIALS, INDIVIDUAL STUDY AND THE RESULTS OF POSSIBLE TESTS ELAPSED, WHICH WILL BE VALUED ACCORDING TO THE SAME ANTICIPATED CRITERIONS FOR THE FINAL EXAMINATION

Verification of learning

FINAL ORAL EXAM.
THE VERIFICATION OF THE LEARNING WILL CONCERN:
1) ABILITY TO SPEAK CLEARLY AND WITH APPROPRIATE LANGUAGE;
2) ABILITY TO ARGUE AND TO ARTICULATE A SPEECH MADE;
3) ABILITY TO MAKE CONNECTIONS BETWEEN RULES AND LEGAL CONCEPTS;
4) ABILITY TO ANSWER PROMPTLY THE QUESTIONS RAISED;
FOR THE ATTENDING STUDENTS, THE OVERALL ASSESSMENT OF THE LEARNING WILL TAKE ACCOUNT OF ACTIVE PARTICIPATION TO LECTURES AND TUTORIALS, INDIVIDUAL STUDY AND THE RESULTS OF POSSIBLE TESTS ELAPSED, WHICH WILL BE VALUED ACCORDING TO THE SAME ANTICIPATED CRITERIONS FOR THE FINAL EXAMINATION

	Texts
	NOT ATTENDING STUDENTS: AA.VV., MANUALE DI PROCEDURA PENALE EUROPEA, A CURA DI R. E. KOSTORIS, GIUFFRÉ, 2014, LIMITED TO THE PAGES 77-189 AND 313-448. OR: AA.VV., REGOLE EUROPEE E PROCESSO PENALE, A CURA DI A. GAITO E D. CHINNICI, 2016, LIMITED TO THE PAGES 1-266. ATTENDING STUDENTS: TEACHING MATERIALS IDENTIFIED AND /OR DISTRIBUTED IN CLASS. NOTES YOU NEED TO CONSULT AN UPDATED VERSION OF THE ITALIAN CODE OF CRIMINAL PROCEDURE.

Texts

NOT ATTENDING STUDENTS:
AA.VV., MANUALE DI PROCEDURA PENALE EUROPEA, A CURA DI R. E. KOSTORIS, GIUFFRÉ, 2014, LIMITED TO THE PAGES 77-189 AND 313-448.
OR:
AA.VV., REGOLE EUROPEE E PROCESSO PENALE, A CURA DI A. GAITO E D. CHINNICI, 2016, LIMITED TO THE PAGES 1-266.

ATTENDING STUDENTS:
TEACHING MATERIALS IDENTIFIED AND /OR DISTRIBUTED IN CLASS.

NOTES
YOU NEED TO CONSULT AN UPDATED VERSION OF THE ITALIAN CODE OF CRIMINAL PROCEDURE.

	More Information
	THE COURSE IS DESIGNED FOR STUDENTS WHO ATTEND REGULARLY, WHICH WILL BE AGREED WITH A SPECIFIC PROGRAM AND TO WHOM SUPPLEMENTARY TEACHING MATERIALS WILL BE PROVIDED. STUDENTS WHO CAN NOT ATTEND WILL PREPARE THE PROGRAM INDICATED AND WILL STUDY THE RECOMMENDED BOOKS AND WILL ALWAYS RESORT TO THE TEACHER FOR TUTORING.

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