The sources of the "Europeanisation" of criminal law and procedure and the relation between those sources.
The role and interplay between the different European and national institutions.
The European instruments defining crime and facilitating or hampering transnational law enforcement.
The instruments and basic rules on extradition, surrender and mutual assistance in criminal matters.
Main fields of criminal law and criminal procedure in which this influence is prominent, the state of the art and likely future issues.
To spot issues of European (human rights) law in concrete real life situations.
To argue, distinguish or decide cases on the basis of European sources.
To spot and assess the mutual influence between European and national choices and their repercussions on criminal law practice.
To look at single factual situations or policy choices from different perspectives depending on the role in the process or the stakeholder one is supporting.
Consideration for the historical, political and social context of law.
Critical attitude towards case law from (supranational) courts and towards the arguments of the parties to the proceedings.
Critical comparative perspective on the Europeanisation process and the resulting legal instruments or judgements.
Reflection on the role of fundamental rights in the evolution of criminal law and procedure in European states.
Reflection on the emerging European criminal policies.
The course starts with a short historical sketch of criminal law as special field in the European integration process. Subsequently the driving forces behind the harmonization process are addressed, and the protagonists are introduced: the institutions of the Council of Europe, the European Union and the different Member States. It is pointed out that particularly in criminal law the comparison of legal texts or judgements without consideration for the historical, political and social context, can
lead to completely wrong conclusions.
The rest of the course focuses on the interaction between national criminal
law and the four historic producers of Europeanization of criminal law: the European Court of Human Rights, the intergovernmental cooperation in
the Council of Europe, the European Community and finality the Third
Pillar of the European Union. The strength of the course should be the
coherence, the connection between these four areas, which are all too
often taught as separate, independent fields of study. With the Lisbon Treaty, the four fields have been 'integrated' into one framework, and this interaction between the four levels of Europeanization will be studied, with a special consideration for the future development of institutions and legal instruments.
Using the whole criminal justice process (from creation of the offence over detection, investigation and prosecution, evidence, sentencing to execution of sentences) the increasing influence of Europe will be illustrated.
For each stage, specific legal instruments and cases will illustrate the interaction with and impact of the different mechanisms of Europeanization, as well as the inhibitory factors.
Articles and literature
Slides, transparencies, courseware
Toledo / e-platform
Is also included in other courses
- Study Abroad Programme in European Culture and Society (PECS)
- Master in de rechten (Criminal Law Major) 120 ects.
- Master in de rechten (Criminal Law Minor) 120 ects.
- Master of Laws (LLM) (European Human Rights: option) 60 ects.
- Master of Law (Major: European Law) 120 ects.
- Master of Law (Minor: European Law) 120 ects.
Influence of case law European Court of Human Rights
Treaty based intergovernmental cooperation Council of Europe
EC-law: shield and sword function in member state criminal law and procedure
EU-third pillar law: narrowing and deepening
Interaction between and integration of the four 'producers' Europeanization
Knowledge of key institutions and legal elements leading to increasing Europeanization of criminal law and procedures
Understanding of the different sources and their interaction
Insight into what does (not) make criminal law and procedure a special field in the European integration process
Insight into historical evolution and options for the future
Familiarization with key policy choices
Description of learning activities
Class room teaching, Socratic method
Toledo, electronic platform
Reader with treaties, legal instruments, case law and articles
Written examination (open book), i.e. solving a fictitious case, fill
out the blanks type questions, open questions (analysis and
argumentation), combination test on knowledge and understanding of key concepts or important case law