Penal Law and Mutual Recognition in the European Union

Year
1
Academic year
2019-2020
Code
03016247
Subject Area
Law
Language of Instruction
Portuguese
Mode of Delivery
Face-to-face
ECTS Credits
15.0
Type
Elective
Level
3rd Cycle Studies

Recommended Prerequisites

The student must have completed the 2nd cycle studies, and be proficient in English and French, and if possible in German.

Teaching Methods

Combined use of the expository method (in-class presentation of matters by the Instructor) and the question-raising method (presentation of the subject-matter by asking questions to the students and discussing their answers) The evaluation involves an oral presentation of their reflection and conclusions on a specific issue, as well as the subsequent discussion in which all students should participate. A paper must be submitted at the end of the semester.

Learning Outcomes

The aim of the syllabus is to provide students with a global understanding of the concept and the implementation of judiciary cooperation in criminal matters in the European Union, and with knowledge of classical judiciary cooperation, namely, legal aspects, principles and  modalities, and the mecanism of mutual recognition, namely, the principle and its implementation. The syllabus will focus on the negative and the positive effects of the judiciary decisions in other Member-States. The syllabus also intends to develop research skills, namely the ability to raise new questions and critically analyse the subject discussed.

Work Placement(s)

No

Syllabus

- Global understanding of judiciary cooperation in the European Union

- Classical judiciary cooperation

- Mutual recognition: the principle, instruments and implementation

- The effects (negative and positive) of the judiciary decisions in other Member-States

Assessment Methods

Assessment
Evaluation (0-20) will consider in-class participation (which includes an oral presentation on a specific topic) and the written paper submitted.: 100.0%

Bibliography

- Anabela Miranda Rodrigues, O Direito Penal Europeu Emergente, Coimbra Editora, 2008.

- André Klip, European Criminal Law, Intersentia, 2009.

- Daniel Flore, Droit Pénal Européen. Les enjeux d'une justice pénale européenne, Larcier, 2009

- Helmut Satzger, International and European Criminal Law, Nomos, 2012

- Conflicts of jurisdiction in Criminal Matters in the European Union (Martin Bose, Frank Meyer, Anne Schneider edts), Vol I: national reports and comparative analysis, Nomos, 2013.