Obiettivi Formativi

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Learning Goals

The present course aims at providing an institutional knowledge of European criminal procedure. The course analyses the ways by which the national criminal procedures are getting more and more affected by international and supra national legislations. The course will therefore deal with the so called “horizontal” cooperation in criminal matters as well as the “vertical” harmonization of criminal proceedings. Attention will be addressed to issues regarding the respect of human rights as interpreted and recognized by the European Court of Human Rights.

Metodi didattici

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Teaching Methods

Lectures

Prerequisiti

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Prerequisites

Procedura penale

Verifiche dell'apprendimento

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Assessment

oral exam

Programma del Corso

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Course Syllabus

1. The notion and the sources of "European criminal procedure ". 2. The police and judicial cooperation: i) Mutual legal assistance at Council of Europe level; ii) The police and judicial cooperation in the framework of the Schengen Agreements; iii) The police and judicial cooperation in the European Union before and after the Lisbon Treaty. 3. The ECHR and its Additional Protocols: i) The guarantees relevant for the criminal process; ii) The role of the European Court of Human Rights; iii) The relationship between national case law and ECtHR. 4. The Charter of Fundamental Rights of the European Union. 5. The recent evolution of EU legislation. The roadmap of 30 November 2009 and the strategic guidelines of 27 June 2014 for strengthening procedural rights of suspected and accused persons in criminal proceedings.