International criminal law
Scientific Disciplinary Sector (SSD)
IUS/17 - CRIMINAL LAW
2° semestre - aprile/maggio 2013, 2° semestre - febbraio/marzo 2013
The course is divided into 3 parts, which reflect the importance of the criminal law in its sovranational dimension
A.The first part (after a general introduction) is focused on the international criminal law (international crimes, ICC – Statute of Rome – decisions of the international Tribunals)
B.The second part regards the European Criminal Law after the Treaty of Lisbon and is focused on the competence in penal matter of the European Union (Art. 83, 86, 325 TFEU), including the establishment of the European Public Prosecutors.
C.The third part is dedicated to the relations between the decisions of the ECHR and the decisions of the national Courts and the Court of Justice of the European Union, about the protection of the fundamental rights, as limit and subject of the penal protection, considering the comparative perspective, in particular taking into account the legal systems of Germany, Spain, France and the common law systems.
The course is divided into 3 units
1.The evolution of the international criminal law and the international crimes, since Nuremberg and Tokyo and, later, Jugoslavia and Ruanda; the institution of the ICC (Statute of Rome): competence, general part of the international criminal law and judgements of the international Tribunals.
2.National criminal law and European criminal law: the process of „Europeanisaton“, exceeded the original division between national and European powers and the division between the first and third pillar; role of the European Court of Justice; effects of the reform of the European treaties on criminal powers, protection of financial interests of the European Union, the European Public Prosecutor
3.Protection of the fundamental rights, as limit and subjuect of the penal protection: relations between the ECHR and the national criminal jurisdictions, the role of the Court of Justice of the European Union; profiles of legal comparison with some European States
The exam is oral. Students who have attended the course may initially discuss specific issues assigned by the professor, or developed during the teaching units, with dr. Roberto Flor and dr. Ivan Salvadori.
Variations of the program can also be arranged with the teacher for the study of specific topics of interest of the candidate.