The course "European Criminal Law" aims to examine the progressive influence on the national criminal law by European law, that include the EU law and the ECHR system. Until a few decades ago the combination of "European law" and "criminal law" appeared almost an oxymoron. The system of sources of law is conversely today more complex and labyrinthine and, at least in some respects, it is gradually changing the face of criminal law, that seemed like the more solid articulation of national sovereignty.
The lessons will be developed following the main theme of the principle of legality in criminal law, in its articulations of the legislature's exclusive power to create crimes, the principle of determinacy and the principle of non retroactivity of criminal law (supplemented by that of the retroactivity of more favorable law): the objective it is to examine the metafomorphosis of the criminal legality, especially as a result of European jurisprudence.
The course will also try to focus on the significant changing of the Italian system of sanctions as a result of the europeanisation of criminal law, on the side of the "double track" between criminal penalties and security measures and on the side of the compresence of criminal and administrative sanctions.
The last part of the lessons will examine the "multi-level" protection of human rights, which is one of the challenges still open to real integration (juridical) European.
The lessons will be developed following the main theme of the principle of legality in criminal law, in its articulations of the legislature's exclusive power to create crimes, the principle of determinacy and the principle of non retroactivity of criminal law (supplemented by that of the retroactivity of more favorable law): the objective it is to examine the metafomorphosis of the criminal legality, especially as a result of European jurisprudence.
The course will also try to focus on the significant changing of the Italian system of sanctions as a result of the europeanisation of criminal law, on the side of the "double track" between criminal penalties and security measures and on the side of the compresence of criminal and administrative sanctions.
The last part of the lessons will examine the "multi-level" protection of human rights, which is one of the challenges still open to real integration (juridical) European.
teacher profile teaching materials
- The principle of legality in criminal law
- The "reflex effects" of European law on national criminal law:
• The duty of conforming interpretation
• The principle of supremacy of EU law
• Effects "in bonam partem" and effects "in malam partem"
• Case Analysis
- European duties of criminal protection
- The protection of human rights in Europe
• Italian Constitution, the ECHR, the EU Charter of Fundamental Rights: "multi-level" protection and the dialogue between the Courts after the Lisbon Treaty
• Art. 3 ECHR and the prohibition of torture and inhuman or degrading treatment: the judgment Torreggiani (prison overcrowding) to Cestaro judgment (case Diaz)
- Article 7 ECHR: a new face for the principle of legality in criminal law?
The gradual overcoming of the two "double tracks":
• The "case Grande Stevens" and the sanctions on market abuse
• The curious case of urban confiscation from "Punta Perotti" to the Constitutional Court, through the ECtHR
- The new perspectives of the "European judicial criminal law"
• The "case Contrada" and the so called "concorso esterno in associazione mafiosa"
• The "judgment Taricco" and the "prescrizione" in the Italian legal system
- Judgements and comments by doctrine given to students at the beginning of the course
Students may find learning material at the Library of the Department of Law and also on line, available for download, at www.giur.uniroma3.it, in the personal page of Professor Antonella Massaro (Didattica - Link utili).
Programme
- Criminal law and European law: the story of a complex combination- The principle of legality in criminal law
- The "reflex effects" of European law on national criminal law:
• The duty of conforming interpretation
• The principle of supremacy of EU law
• Effects "in bonam partem" and effects "in malam partem"
• Case Analysis
- European duties of criminal protection
- The protection of human rights in Europe
• Italian Constitution, the ECHR, the EU Charter of Fundamental Rights: "multi-level" protection and the dialogue between the Courts after the Lisbon Treaty
• Art. 3 ECHR and the prohibition of torture and inhuman or degrading treatment: the judgment Torreggiani (prison overcrowding) to Cestaro judgment (case Diaz)
- Article 7 ECHR: a new face for the principle of legality in criminal law?
The gradual overcoming of the two "double tracks":
• The "case Grande Stevens" and the sanctions on market abuse
• The curious case of urban confiscation from "Punta Perotti" to the Constitutional Court, through the ECtHR
- The new perspectives of the "European judicial criminal law"
• The "case Contrada" and the so called "concorso esterno in associazione mafiosa"
• The "judgment Taricco" and the "prescrizione" in the Italian legal system
Core Documentation
- V. MANES, Il giudice nel labirinto. Profili delle intersezioni tra diritto penale e fonti sovranazionali, Dike, 2012 (171 pagine)- Judgements and comments by doctrine given to students at the beginning of the course
Students may find learning material at the Library of the Department of Law and also on line, available for download, at www.giur.uniroma3.it, in the personal page of Professor Antonella Massaro (Didattica - Link utili).
Reference Bibliography
- V. MANES, Il giudice nel labirinto. Profili delle intersezioni tra diritto penale e fonti sovranazionali, Dike, 2012 - Judgements and comments by doctrine given to students at the beginning of the courseType of delivery of the course
European Criminal law class is open to all students (A-Z) and is held in the first semester (October – December). The course consists of teacher’s lectures and specialist seminars. In particular, during seminars, students have to take an active part and discuss cases. Lectures take place on Thursdays and Fridays, from 12:00 to 14:00, in classroom 5 of Department of Law. The final lesson is held by Professor Vittorio Manes, full professor of Criminal Law at the University of Bologna, author of the book.Attendance
Lectures take place on Thursdays and Fridays, from 12:00 to 14:00, in classroom 5 of Department of Law. It is not required the attendance.Type of evaluation
The exam is oral and students have to demonstrate knowledge of the main topics of European Criminal law and learning of the technical language, with an approach based on case studies. Evaluation is expressed in thirtieths and the exam is passed with marks from 18/30. There are three exam dates during the winter session (January - February) and three dates during the summer session (June - July), while, during the autumn session (September), there are only two exam dates. Extraordinary session takes place on one day in November.