Transnational Penal Law

Recommended Prerequisites

The student must have completed the 2^nd 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 Penal Law in the European Union and in the the Council of Europe space, and with the knowledge of  the most relevant legislative instruments and jurisprudence in this matter. The syllabus will focus on the effects of European legislation and jurisprudence in the national penal legislations in general, and in the Portuguese penal system in special. 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

- The building of European penal law: the Council of Europe and the European Union.

- Legislative instruments and the jurisprudence: scope and effects.

- The problem of penal harmonization

Head Lecturer(s)

Anabela Maria Pinto Miranda Rodrigues

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

-Droit Pénal, Langue et Union Européenne, sous la direction de Cristina Mauro et Francesca Ruggieri, Bruylant, 2012.

-Une Europe, deux lois pénales, sous la direction de Thomas Cassuto, Bruylant, 2012.

-Christoph Grabenwarter, European Convention for the Protection of Human Rigts and Fundamental Freedoms (ECHR), Commentary, Nomos, 2013.

 -Stefan Trechsel, Human Rights in Criminal Proceedings, Oxford University Press, 2005.

-André Klip, European Criminal Law, Intersentia, 2009

-Pedro Caeiro, Fundamento, Conteúdo e Limites da Jurisdição Penal do Estado, Coimbra Editora, 2010.

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