Insegnamento a.a. 2025-2026

After an introduction to the criminal procedure (legal families; scope of criminal trial; adversarial and inquisitorial systems; parties and judge: roles, power, duties), the main topics of the course will be the following:

- Basic notions on sources of European criminal procedure (European Union and Council of Europe);

- Basic notions on the role of the European Court of Human Rights and of the European Court of Justice;

- Purposes and principles: human rights protection, mutual recognition and mutual trust;

- Protection of fundamental rights: ne bis in idem, right to a fair trial, habeas corpus;

- Mutual legal assistance: European Arrest Warrant, European Investigation Order, police cooperation;

- EU Agencies for the contrast of particular types of serious crimes: Europol, Eurojust, EPPO.

At the end of the course students will be able to:

- identify the fundamental purposes and principles of European criminal procedure;

- be familiar with the main actors developing fundamental rights protection standards in Europe, such as the Court of Justice and the ECtHR;

- master the relationship between national and supranational levels in the European context;

- identify the fundamental instruments of mutual legal assistance in criminal matters in the European Union;

- be familiar with the functioning of the main EU Agencies active in the contrast of particular types of serious crimes;

- be able to relate the concepts learned to practical cases.

At the end of the course students will be able to:

- develop a practical knowledge of how European and global institutions work;

- evaluate the effectiveness of both fundamental rights protection standards and procedural instruments aimed at combating particular types of serious crimes as established at the supranational level;

- work in a team in a constructive way and develop a critical way of reasoning;

- apply learning outcomes to current procedural issues through the analysis of real case studies;

- identify new legal challenges in the realm of transnational criminal procedure.

• Lectures
• Guest speaker's talks (in class or in distance)
• Company visits
• Collaborative Works / Assignments
• Interaction/Gamification

In addition to face-to-face lectures, the learning experience includes the examination of case studies. In the last part of the course, recent and controversial cases, related to the current trends of transnational criminal procedure, will be discussed trough group assignments and group presentations. In particular, each group of students will be requested to write a short paper, to be presented and discussed in class, summarizing one topic, based on the guidance of the instructors. During the entire course, students will be strongly encouraged to participate actively by bringing their own views, by sharing their insights and by taking part in all interactive activities. The course also includes several guest speakers’ talks by leading international jurists who will share their experiences and knowledge with specific reference to supranational issues and institutions, showcasing how transnational criminal procedure in action works. There will be a group visit at the European Court of Human Rights at the end of the semester.

Students who decide to take the exam as attending students are required to attend at least 75% of the classes. The assessment for attending students is structured to measure the acquisition of the intended learning outcomes. The overall grade is derived from the following components:

1.      Mid-term Written Exam (10 points of the final grade): this exam will consist of open-ended questions that test students’ understanding of fundamental principles and theories in criminal law. It focuses on theoretical knowledge and the application to basic case scenario;

2.      Group Assignment (8 points of the final grade): groups of students will be asked to analyze a specific case or a legal issue, which they will present to the class. This assessment aims to evaluate the students’ teamwork skills, their ability to apply learned concepts to real-world or hypothetical legal problems, and their capability to critically assess and articulate the implications of criminal procedure principles. Each group has to write a final 5 pages essay on the case study dealt with;

3.      Written Exam (12 points of the final grade): the written exam will consist of open-ended questions that test students’ knowledge of the principles and Institutions of European criminal procedure and their ability to apply those principles to practical situations.

The final point (cum laude) will be granted at the discretion of the instructors to outstanding students, who actively participated in class and produced an excellent group assignment and final exam.

Alternatively, attending students may choose to take a final written exam, which will count for 100% of the final grade, covering the entire course content. It will consist of open/closed-ended questions, aimed at assessing the students’ understanding of the principles and Institutions of European criminal procedure and their ability to apply them in the discussion of a specific legal issue.

The assessment method for non-attending students is based on a final exam in written form, which will count for 100% of the final grade, covering the entire course content. It will consist of open/closed-ended questions, aimed at assessing the students’ understanding of the principles and Institutions of European criminal procedure and their ability to apply them in the discussion of a specific legal issue.

Teaching materials include class slides, the judgments and documents examined during the semester and other selected readings. Attending and not attending students will also be required to study selected chapters of the textbook: K. Ambos, P. Rackow (eds.), The Cambridge Companion to European Criminal Law, Cambridge University Press, 2023 (chapters 1, 2, 3, 6, 10, 12, 15, 16, 17).