20110046 - Diritto Penale Europeo

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.
teacher profile | teaching materials

Mutuazione: 20110046 Diritto Penale Europeo in GIURISPRUDENZA LMG/01 MASSARO ANTONELLA


- 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

A. Massaro, Appunti di diritto penale europeo, Giappichelli, 2020.

Type of delivery of the course

The lessons, given the needs related to the spread of the Sars-CoV-2 virus, will take place through the Microsoft Teams platform.

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.