Criminal and civil procedural law of the EU
Criminal and civil procedural law of the EU
Anno accademico 2021/2022
- Codice dell'attività didattica
- Prof. Stefano Montaldo (Titolare del corso)
- Corso di studi
- Laurea magistrale a ciclo unico in Giurisprudenza - a Torino (D.M. 270/2004) [f004-c501]
Laurea magistrale in European Legal Studies - a Torino (D.M. 270/2004)[0703M21]
- 2° anno 4° anno
- Periodo didattico
- Primo semestre
- Affine o integrativo
- SSD dell'attività didattica
- IUS/16 - diritto processuale penale
- Modalità di erogazione
- Lingua di insegnamento
- Modalità di frequenza
- Tipologia d'esame
- Appropriate spoken and written English skills
- Knowledge of the basics of EU law (institutional framework, sources of law, relationship with national legal orders, competences, system of judicial remedies). The core elements will be recalled at the beginning of the course and some video lessons will be made available on the e-learning page of the course.
- Propedeutico a
The Criminal and Civil Procedural Law of the EU course is framed within the general objective of the Master Programme in European Legal Studies to provide the students with an advanced cultural and technical training and knowledge of legal phenomena on the European and international stages. In particular, the course aims at equipping the students with an in-depth knowledge of the legal regime of the system of judicial cooperation in the EU Area of Freedom, Security and Justice. This is an increasingly important subject of EU law studies and a strategic added value for the students’ professional future.
In this context, the course is closely connected to other initiatives and learning opportunities offered by the Law Department and the Master Programme, such as the Moot Courts project, the clinical programme and several complementary courses.
Lastly, this course builds on the dynamic approach to the acquisition of formal knowledge which characterizes the Master Programme as a whole. Therefore, the course aims at providing the students with the tools which are necessary to understand and critically analyze judicial cooperation mechanisms across the European Union, even through the combination of both a theoretical approach and the practice-oriented analysis of cases.
Risultati dell'apprendimento attesi
At the end of the course, the student should achieve the following learning objectives:
Knowledge and comprehension
- In-depth knowledge of the main mechanisms of judicial cooperation in the EU and of the general principles governing them
- Ability to analyse and understand relevant legal texts (EU acts, case law, etc.)
- Awareness of the remarkable implications of EU law in every person's situation and for the student's future professional activity
Ability to apply knowledge and comprehension
- Ability to handle a complex reasoning on EU legal texts
- Ability to apply the rules and principles of EU law to a given situation and to catch their implications
Autonomous intellectual approach and critical thinking
- Ability to organise the knowledge acquired and to weight its importance and relevance
- Ability to understand and to personally discuss topical issues through the lenses of EU law
- Ability to explain the knowledge acquired, by using an appropriate legal terminology
Modalità di insegnamento
Lessons will be held in person in Room H2. Attendance in person is highly recommended, as the lessons will be increasingly interactive over the weeks. For those who cannot make it to Turin or to the Campus, parallel streaming sessions will be scheduled. These will take place at this link: https://unito.webex.com/meet/stefano.montaldo
The teaching methodologies will consist of a combination of:
- traditional frontal lessons
- individual and collective analyses of legal texts and case law on selected topical issues, on the basis of syllabus summing up the relevant materials and guiding the students through their reading
- individual and collective discussions of home assignments. These assignments (approximately 4 during the course) will not be compulsory. They will include the drafting of different typologies of texts (blog posts, legal opinions, factsheets, mind maps, reaction papers), presentations of key case-law, answers to questions on the materials provided
- webinars involving high-profile academics, experts and practitioners on particularly important and topical issues
- small role games such as simple moot court exercises focussing on debated technical issues concerning specific mechanisms of judicial cooperation
Please note that the COVID-19 health threat may impose limitations to the students' attendance in person on an equal rotation basis. In this case, the lessons will be held also in streaming, on the professor's WeBex virtual room (https://unito.webex.com/meet/stefano.montaldo), in parallel to the leson in class. More detailed information will follow in light of the evolution of the pandemic.
PLEASE NOTE that this teaching approach requires the students' timely registration to the course on the CampusNet webpage as well as to the relevant Moodle e-learning page. The sooner the students register, the easier it is to deliver adequate an timely information on the specific scheule and features of each lesson.
Modalità di verifica dell'apprendimento
IMPORTANT: the exams of the Winter sessions 2022 (January-February 2022) will be held online. Apart from this, please refer to the information below. The students who register to sit for the exam will receive timely information via the exam management system, some days before the test.
For those students who will take active part in the weekly activities connected to the course, the evaluation will consist of a combination of the professor’s feedbacks on the assignments and of a final oral discussion of those assignments and of the theoretical aspects related to them (an average of 2-3 main questions).
For the students who will NOT attend the course and will not participate at the weekly activities, the evaluation will be based on a written exam consisting of 3 open questions, as follows:
- 1 theoretical question
- 1 analysis of an extract from a judgment of the Court of Justice of the European Union or a provision of EU law
- 1 discussion and solution of a case.
Limits to the length of the answers will be imposed. Depending on the characteristics of the questions, the time allocated will range from 50 min to 1 hour.
For the purposes of the final evaluation, the following criteria will be taken into consideration:
- formal accuracy (including grammar)
- completeness of the answers
- adequate selection of the relevant arguments
- adequate presentation of the arguments (including use of an appropriate legal terminology)
- autonomous organization and elaboration of the answer
"Incorrect" solutions to the case will not automatically determine a negative evaluation, as long as the answer will be construed on a coherent reasoning, consistent with the underlying theoretical background and adequately motivated.
Attività di supporto
No specific tutoring activity has been planned.
The Moodle e-learning page of the course is a key-instrument. The students are expected to enrol to the Moodle page and to check it on a regular basis.
In particular, the Moodle e-learning page will host:
- all specific information concerning the weekly activities of the course
- the compulsory study materials
- all the presentations displayed during the lectures
- video and/or video lectures
- the case law analysed during the course
- optional learning materials
- ancillary contents (videos, links to websites, etc.)
- sample questions and short self-evaluation tests.
In sum, the course deals with the following topics:
Part 1 - Introduction to judicial cooperation
- Models of legal assistance and judicial cooperation
- Judicial cooperation in the framework of the development of the EU integration process
- The general principles governing judicial cooperation in the European Union
- The relevant EU legal sources anf their effects
- The specific features of judicial cooperation in the EU
Part 2: Judicial coperation in criminal matters
- The European Arrest Warrant
- The transfer of prisoners in the EU and EU extradition law
- The transfers of "probationers" (Framework Decision 2008/947/JHA) and persons awaiting trial (Framework Decision 2009/829/JHA)
- The Directives on procedural rights
- The EU law of evidence
- The protection of victims of crime
- The ne bis in idem principle and the coordination of criminal jurisdictions
- EU substantive criminal law
Part 3: Judicial cooperation in civil matters
This part of the course will be limted to some selected issues concerning jurisdiction and the recognition and enforcement of judgments, authentic instruments and court agreements in civil and commercial matters.
Testi consigliati e bibliografia
The compulsory study materials will be made available on the Moodle e-learning page of the course. They will consist of legal texts, case-law and open access scholarly analyses of selected relevant topics.
Il corso è erogato per:
- European Legal Studies: esame in TAF C (integrativa) - 6 cfu - 2° anno
- Ciclo unico Giurisprudenza (Sede di Torino): esame in TAF R (affine) - 6 cfu - 4° anno