International and European Criminal Law

Recommended Prerequisites

Criminal Law; International Law; Constitutional Law. Students should be able to read English, so as to have access to the main bibliographical sources.

Teaching Methods

Lecturing; seminars; oral presentation of papers by the students and critical assessment by the teacher and the remaining students.

Learning Outcomes

The goals of the unit are: 1) understanding criminal law as a normative reality that goes beyond the traditional status of “state-law”; 2) understanding the history, fundament, function and the main current features of international criminal law, in particular the normative and institutional complex contained in the Rome Statute of the International Criminal Court; 3) understanding the history, fundament, function and the main current features of European criminal law as a special legal branch in the context of the wider political-juridical context of European integration; 4) it is not expected that the students will be able to “demonstrate” anything after the completion of their studies, as the study and the application of the law do not encompass any “demonstrations” whatsoever.

Work Placement(s)

No

Syllabus

ITerminology:international criminal law, jurisdiction in criminal matters, transnational criminal law, trans state criminal law,European criminal law

IIThe criminal law´beyond´the State

Past instances

Current instances, with a particular focus on international criminal law and Europ. criminal law

Fundament of(State and trans state)jurisdiction in criminal matters

III Internat. criminal law

History

Function

Substant.  international criminal law:main features

Centralized and de centralized application

Internat. criminal courts and tribunals,with a particular focus on the ICC

IV European criminal law

History

Function

Particular features of Europ. criminal law and its interaction with the national legal systems

Towards a federal European criminal law?

V International judicial cooperation in criminal matters(IJCCM)

Basic notions

Constitutional rules

Common IJCCM

Surrender of individuals to the international criminal tribunals

Surrender of individuals pursuant to the European Arrest Warrant

Head Lecturer(s)

Anabela Maria Pinto Miranda Rodrigues

Assessment Methods

Assessment
Research work: 100.0%

Bibliography

Ambos, Kai, Treatise on International Criminal Law, Vol. I, 2013

Bassiouni, M. Cherif, Introduction to International Criminal Law: Second revised edition, 2013

Caeiro, Pedro, Fundamento, Conteúdo e Limites da Jurisdição Penal do Estado. O Caso Português, Coimbra Ed., 2010  

Cassese, Antonio, International Criminal Law, 2nd ed., 2008

Cassese / Gaeta / Jones, The Rome Statute of the International Criminal Court, 2 vols., 2002

Klip, André, European Criminal Law – An Integrative Approach, 2nd. ed., 2012

Mitsilegas, Valsamis, EU Criminal Law

Rodrigues, Anabela Miranda, O Direito Penal Europeu Emergente, 2008

Satzger, Helmut, International and European Criminal Law, 2012

Werle, Gerhard, Principles of International Criminal Law, 2nd ed., 2009.