Unit EUROPEAN AND INTERNATIONAL CRIMINAL PROCEDURE

Course
European legal integration and human rights
Study-unit Code
A000385
Location
PERUGIA
Curriculum
In all curricula
Teacher
Mariangela Montagna
Teachers
  • Mariangela Montagna
Hours
  • 24 ore - Mariangela Montagna
CFU
6
Course Regulation
Coorte 2021
Offered
2022/23
Type of study-unit
Opzionale (Optional)
Type of learning activities
Attività formativa monodisciplinare
Language of instruction
Italian
Contents
Multilevel protection of fundamental rights. - Supranational protection of fundamental rights in the criminal process. - "Conventional" order: Council of Europe and European Convention on Human Rights. - European Court of Human Rights. - Criminal judicial cooperation - The sources of law in the European judicial area. - The main instruments of judicial cooperation in criminal matters.
Reference texts
AA.VV., Regole europee e processo penale, a cura di A. Gaito – D. Chinnici, Ed. Cedam.
It's recommended the use of a code of criminal procedure updated and accompanied by the European Convention on Human Rights.
Educational objectives
The course aims to provide an understanding of the general principles of the European criminal justice system, with reference to the protection of fundamental rights as established by the European Convention on Human Rights and at the level of the European Union.
Through the knowledge of the aforementioned issues, students are required to develop in-depth analysis and critical analysis of legislation and reference jurisprudence.
Prerequisites
In order to be able to understand the issues related to the Course in question ("European and International Criminal Procedural Law"), the student must first possess the general notions of public law, criminal law and criminal procedure.
Teaching methods
The course is organized as follows:
- lectures;
-- seminars.
Learning verification modality
The exam is an oral test consisting of a discussion interview on the topics discussed during the course and examined in-depth through recommended texts. The test aims at assuring the level of knowledge and understanding, as well as synthesis, achieved by the student. Moreover, this interview will verify that the student is able to communicate, with method, propriety of language and exposure, what he has acquired. The duration of the test varies depending on the performance of the test.
Extended program
1. Multilevel protection of fundamental rights.
From the Council of Europe (C.e.d.u. and European Court of Human Rights) to the European Union: what interaction?

2.Council of Europe and C.e.d.u.:
Supranational protection of fundamental rights in the criminal trial:
- European Convention on Human Rights in the system of legislative sources;
- European Court of Human Rights: its place in the conventional legal system, role, composition and functioning;
- the jurisprudence of the European Court of Human Rights; the impact on the criminal trial; analysis of the most significant decisions for the protection of fundamental rights in the criminal trial;
- the effects of the judgments of the European Court of Human Rights in domestic law: what are the possible remedies for a violation of fundamental rights in the criminal trial established by the Court of Strasbourg?
- fundamental rights and the conduct of the criminal trial.

3. European Union.
The sources of law in the European judicial area.
Judicial cooperation in criminal matters in the European Union and the mutual recognition of criminal decisions.

EUROPEAN AND INTERNATIONAL CRIMINAL PROCEDURE

Code A000385
Location PERUGIA
CFU 2
Teacher Mariangela Montagna
Learning activities Affine/integrativa
Area Attività formative affini o integrative
Academic discipline IUS/16
Type of study-unit Opzionale (Optional)

EUROPEAN AND INTERNATIONAL CRIMINAL PROCEDURE

Code A000385
Location PERUGIA
CFU 4
Teacher Mariangela Montagna
Learning activities Affine/integrativa
Area Attività formative affini o integrative
Academic discipline IUS/16
Type of study-unit Opzionale (Optional)
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