European Criminal Justice Area
Full course description
This course focuses on cooperation between the Member States of the European Union in criminal matters. The Treaty on the European Union in 1992 created the so called Area of Freedom, Security and Justice, which led to increasing efforts by the Member States to streamline their endeavors in regard to co-operation in criminal matters. The Treaty of Lisbon even further integrates and develops the co-operation in criminal matters within the European Union. This course will inter alia explore the effects of the Area of Freedom, Security and Justice on the different forms of co-operation in criminal matters at the various stages of a criminal trial. A variety of European legal instruments, like the European Arrest Warrant, as well as pertinent case law of the European Court of Justice will be discussed. Furthermore, the course will deal with cornerstone principles of the Area, such as mutual recognition and ne bis in idem. In addition to the European Arrest Warrant, other forms of mutual recognition in criminal matters, e.g. the execution of judgments, the European Protection Order and the Supervision of Orders on Detention on Remand will be analyzed. Finally, the repercussions of these new forms of co-operation on European citizens will be discussed and strengths and weaknesses of the new emerging European Criminal Justice System will be highlighted. The course has a focus limited to cooperation and will therefore not deal with the influence of Union law on national substantive criminal law. That is the topic of the master course European Criminal Law (CRI4007). The main objective of this course is therefore to get acquainted with the elementary concepts of European cooperation in criminal matters and with the changes and developments brought about by the introduction of the European Area of freedom, security and justice. This seven week course will combine seven sessions of group tutorials. According to the philosophy of problem-based learning, tutorial meetings shall be used to explore various concepts of the emerging European criminal justice area on the basis of some reading assignments and case studies.
- Written exam 75% (retake may be an oral exam)
- Assignment 25%
The main objective of this course is to get acquainted with mutual recognition as the basis for all modalities of cooperation in criminal matters within the European Union. Students will understand the changes and developments brought about by the introduction of the European Area of Freedom, Security and Justice. They will be enabled to apply as well as critically discuss legal instruments and developments in the Area of Freedom Security and Justice. They should be able to find their way in European legislation implemented in a national penal system, evaluate their functioning and form a balanced opinion about the effects of European cooperation in criminal matters.
- Interest in cooperation in criminal matters
- Readiness to participate in group sessions based on PBL
- André Klip, European Criminal Law, Intersentia Antwerpen, 3rd ed. 2016
- Materials on European Criminal Law, Intersentia Antwerpen, 3rd ed. 2017