Comparative Criminal Law and Lobbying in the European Union (B-KUL-C0Q05A)
Aims
Aims
This clustered course is reserved exclusively for students in the Bachelor of European Studies programme. Students of other KU Leuven programmes and credit contract students can only take up the individual courses (see learning activities – is also included in other courses) as offered in the regular KU Leuven programmes.
- C0Q05a Comparative Criminal Law: see ECTS-fiche original course C0Q08A
- HMI19a European Institutions, Decision-making and Lobbying in the EU: see ECTS-fiche original course HMI19A
Previous knowledge
Previous knowledge
- C0Q05a Comparative Criminal Law: see ECTS-fiche original course C0Q08A
- HMI19a Lobbying in the European Union: see ECTS-fiche original course HMI19A
Is included in these courses of study
- Bachelor of European Studies (Leuven et al) (Major Law - KU Leuven) 180 ects.
Activities
6 ects. Comparative Criminal Law (B-KUL-C0Q05a)
Content
Introduction
Introduction. Crime and criminal justice. The common law-civil law divide. Brief history of common roots and divergent approaches. Harmonizing factors at European level.
Criminal law
- The elements of the crime: actus reus v. Tatbestand/fattispecie v. element matériel: the logic (and philosophy) of the elements of crime; crimes of conduct v crimes of results in the different traditions; commission v omissions; assessments of causality
- The elements of the crime: mens rea v. element moral. The differences in the dimensions beyond intent: indirect intent, recklessness, negligence, wilful blindness
- Justifications, excuses and defences
- Perpetration, co-perpetration and complicity: navigating the labyrinth of the different frameworks
- Inchoate offences, between prevention and harm principle
Criminal law enforcement
- The investigation and prosecution of crimes: structural differences. Separation of phases and evidence between investigations and trial v. progressive compilation of a dossier
- Investigations and prosecutorial choices: the roles of the police and of the public prosecutors
- Juries v courts: the impact of the machinery of justice on the enforcement of criminal law
- Evidence and trial: relevant evidence, hearsay evidence, exclusion of evidence, nullité de la preuve
Testing the principles (and wrap-up)
- The principle of legality and its different dimensions
- Presumption of innocence, adversarial principle and their different dimensions
- Uniformity, equal treatment and coherence: the different dimensions
Course material
Handouts, reader, medialinks, video materials, case reports.
Materials will be made available before the course or via Toledo.
Format: more information
Lectures and assignments
Teaching will consist of a combination of two formats i.e. : traditional frontal lectures combined with interactive sessions on the basis of an earlier assignment (e.g. case studies, case-reports, literature studies).
Students are expected to be present, demonstrate active participation during contact hours and prepare courses in case of responsive teaching sessions
Is also included in other courses
6 ects. European Institutions, Decision-making and Lobbying in the EU (B-KUL-HMI19a)
Content
Working methods of the European Commission, the Council and European Council and the European Parliament.
Theories on lobbying and interest represenation
Application to recent EU legislative procedures
Depending upon the availability, the course will include guest lectures and/or visits to the EU institutions. Attendance is compulsory.
Course material
Material for this course will be make available on Toledo.
https://webapps.odisee.be/Ancor/SSM/Pages/BekijkSSM.aspx?OID=19907
Language of instruction: more information
Internationalisation of the programme and/or opening the course to incoming exchange students.
Format: more information
Depending on the number of students who participate in the course and the opportunities offered by the EU institutions, the course can include guest lectures and/or visits to the European Institutions in Brussels.
Evaluation
Evaluation: Comparative Criminal Law and Lobbying in the European Union (B-KUL-C2Q05a)
Explanation
Features of the evaluation: check the individual course fiches of the original courses below.
- C0Q05a Comparative Criminal Law (10/20): see ECTS-fiche original course C0Q08A
- HMI19a European Institutions, Decision-making and Lobbying in the EU (10/20): see ECTS-fiche original course HMI19A
Determination of final grade:
The final overall grade is calculated on a scale of 0-20. Students must obtain at least 10 out of 20 on all subparts (OLA’s) to be able to pass in total. If the student obtains less than 10 out of 20 on one or more OLA’s, they cannot achieve a final overall grade higher than 9/20. Pass grades are carried over to the retake exam period. If the student does not take one or more subparts, the student will achieve an NA as the final overall grade.
If no credit was obtained for the overall course and the course is resat in the third examination period (retakes), then:
- pass grades shall not be retaken. The previously obtained results shall be transferred to calculate the new final overall grade.
- the subparts for which the student obtained less than 10 out of 20 (or NA) must be retaken. The 'Best result principle' does not apply to OLAs!
Retaking the course in the next academic year means that all failed parts must be retaken. The pass grades are transferred to the next academic year.
Information about retaking exams
This course unit allows partial mark transfers in case of partial pass mark:
- HMI19a - European Institutions, Decision-making and Lobbying in the EU (during and beyond academic year)
- C0Q05a - Comparative Criminal Law (during and beyond academic year)