CODE | ECL5113 | ||||||||
TITLE | European Criminal Law | ||||||||
UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||||
MQF LEVEL | 7 | ||||||||
ECTS CREDITS | 5 | ||||||||
DEPARTMENT | European and Comparative Law | ||||||||
DESCRIPTION | One of the fundamental objectives of the European Union, is to offer its citizens an area of freedom, security and justice without internal frontiers. With increasing economic integration and as a result of recent international events, FSJ matters are moving further and further up the EU’s agenda. This study-unit will focus on the Criminal Law dimension of the AFSJ. It will provide an overview of the creation and evolution of this area of EU Law, it will describe the relevant legal framework and case law and will analyze a selection of legal instruments of substantive and procedural criminal law that have been adopted at EU level. Moreover, the study-unit will offer a detailed analysis of the Schengen acquis and will look into the interaction of EU Criminal Law with Fundamental Rights and principles. This study-unit has been designed to help the students understand the legal issues behind the development of EU Criminal Law, especially as regards the enhanced competence of the EU to act in this sensitive legal field. The students should appreciate the interface of EU Criminal law with the national legal orders and with the rights of the individual. The study-unit is studied from a critical perspective where students are not only requested to familiarize themselves with the laws and case law, but also to study these laws by attempting to constructively identify any potential deficiencies and to explore possible solutions how to overcome such problems. While the study-unit focuses on the major principles, students will also be guided to analyze them in the light of the legal tools employed in European integration. This study-unit is highly relevant for those who intend to work with the EU institutions or in an EU-related environment, for instance as advisors in the public or private sector or as criminal law practitioners. Study-Unit Aims: The aim is to make the students aware of the legal developments which have led to the creation and development of EU Criminal Law, from an institutional and substantive law point of view. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: • Draw upon an in-depth knowledge of the legal framework governing EU Criminal Law; • Identify doctrinal and practical trends in legal practice and relevant EU case-law and recognise their impact on legal developments; • Develop advanced legal research skills in the field. 2. Skills: By the end of the study-unit the student will be able to: • Navigate with ease through the substantive areas of law introduced by the unit; • Handle cross-border litigation in the enlarged EU, such as European arrest warrant cases or Schengen alerts; • Advise public and private clients and draw consultation reports on the subject matters. Main Text/s and any supplementary readings: Main Texts: - Delmas - Marty M., European criminal procedures, Cambridge U.P., 2002. - Fletcher M. et al., EU Criminal Law and Justice, Edward Elgar, 2008. - Galli F.& Weyembergh A.(eds.), Approximation of substantive criminal law in the EU: the way forward, Editions de l’Université de Bruxelles, 2013. - Kimmo Banach-Gutierrez N. et al., A legitimacy-based approach to EU criminal law: Maybe we are getting there, after all, New journal of European criminal law, 2020-03, Vol.11 (1), p.20-39. - Mitsilegas V., EU Criminal Law, Hart Publishing, 2009. - Sammut I. & Agranovska J., Implementing and enforcing EU Criminal Law: Theory and Practice, Eleven International Publishing, 2020. - Wieczorek, I. & Vavoula, N., The Constitutional Significance of EU Criminal Law, New journal of European criminal law, 2015-03, Vol.6 (1), p.5-7. |
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STUDY-UNIT TYPE | Lecture and Independent Study | ||||||||
METHOD OF ASSESSMENT |
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LECTURER/S | Steffi Vella Laurenti |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2025/6. It may be subject to change in subsequent years. |