Learning Outcomes
This course aims to get students familiar with the main legal texts of EU criminal law and the provisions of the European Convention on Human Rights (ECHR) that are directly related to criminal law. In addition, the course aims to cultivate the participants' ability to distinguish the ways and forms in which EU criminal law influences national criminal law when resolving practical issues raised by judicial practice, and to examine the extent to which the case law of the CJEU and the ECtHR has been incorporated into the Greek jurisprudence.
Upon successful completion of the course, participants will be able to: 1) systematically use the basic texts of both primary and secondary EU law relating to criminal law, 2) understand the links between EU (criminal) law and national criminal law and the basic interpretative methods for resolving problems arising from the coexistence of the two systems, 3) examine case law examples relating to the practical application of EU criminal law, 4) assess the impact of the case law of the CJEU and the ECtHR on domestic criminal law and the relevant case law of the Greek criminal courts.
Course Content (Syllabus)
A. EU criminal Law
I. Definition, historical development and contemporary sources of EU criminal law
II. The liberal guarantees of EU criminal law
III. The influence of EU Law on national substantive criminal law
IV. The EU competence to enact criminal law: (1) the legal instruments, (2) the competence to harmonise substantive criminal law, (3) the competence to adopt rules of criminal procedure
V. Presentation of key EU legal texts on substantive and procedural criminal law
VI. Institutions of criminal law enforcement within the EU: Europol, Eurojust, OLAF, European Public Prosecutor
Β. Criminal Law of the European Convention of Human Rights
Ι. Impact of ECHR on Greek Criminal Law
ΙΙ. Criminal material of ECHR (articles 1-10 ECHR)
a. respecting human rights (article 1) b. the right to life (article 2) c. prohibition of torture (article 3) d. protection from slavery and forced labour (article 4) e. personal liberty and security (article 5) f. the right to a fair trial (article 6) g. No punishment without law (article 7) h. protecting private and family life (article 8) i. freedom of thought, conscience and religion (article 9) j. freedom of expression (article 10).
Keywords
EU criminal Law, Substantive Criminal Law, Criminal Procedure, Fundamental Rights
Description
According to Article 2 of the School's Study Regulation, the course participants will be assessed on the basis of a written assignment (word limit: 3000) which they will prepare and present in the amphitheater according to a schedule that will be posted on the e-learning platform after the finalisation of the distribution of topics.
The written assignment will be subject to anti-plagiarism checks before being posted on the e-learning platform.
The assessment of the assignments and the oral presentation thereof will be based on the successful delineation of the selected topic (based on a research question formulated by the examinee), the author's critical thinking and argumentation, the structure and organisation of the material, the originality of the ideas , the style (use of language and terminology), and the correct use of the bibliography.
In particular, with regard to the presentation of the paper, all course participants are expected to participate in the relevant in-class discussion by providing feedback. Their active participation will be taken into consideration for the purposes of their overall assessment.
Course Bibliography (Eudoxus)
Καϊάφα - Γκμπάντι Μαρία, Παπακυριάκου Θεόδωρος, Στοιχεία ενωσιακού ποινικού δικαίου, Έκδοση: 2η/2019, ΕΚΔΟΣΕΙΣ ΣΑΚΚΟΥΛΑ ΑΕ, Κωδικός Βιβλίου στον Εύδοξο: 86197227
Additional bibliography for study
Επιπρόσθετη βιβλιογραφία καθώς και άλλο βοηθητικό υλικό (διαγράμματα παραδόσεων, πρακτικά παραδόσεων, αποφάσεις νομολογίας, φροντιστηριακές ασκήσεις, σεμιναριακό υλικό) αναρτάται αποκλειστικά στο e-learning.