European cooperation in criminal matters

Timetable

Module aim (aims)

This course offers insight into the historical, institutional, and topical development of the EU policy in the areas of justice, home affairs, and security, well-embedded in a broader international context. The students will deepen their knowledge in:

• various European co-operation levels (European Union and Council of Europe)
• the foundations of the EU cooperation in criminal matters: mutual trust and mutual recognition
• core EU instruments of cooperation in criminal matters (European Arrest Warrant, European Investigation Order, mutual recognition of sentences, European Supervision Order, European Production and Preservation Orders)
• main obstacles to EU cooperation in criminal matters.

Pre-requisites in terms of knowledge, skills and social competences (where relevant)

- basic knowledge on domestic criminal law and procedure

 

Syllabus

Week 1: Introduction to various levels of international cooperation in criminal matters, goals and main obstacles 

Week 2: Foundations of mutual recognition and mutual trust in the EU criminal justice; data protection in cross-border criminal justice 

Week 3: Main actors in the EU landscape: Eurojust, Europol, European Public Prosecutor's Office

Week 4: Cross-border transfer of persons: extradition

Week 5: Cross-border transfer of persons: European Arrest Warrant v.1

Week 6: Cross-border transfer of persons: European Arrest Warrant v.2

Week 7: Workshop on European Arrest Warrant

Week 8: Cross-border gathering of evidence: mutual legal assistance

Week 9: Cross-border gathering of evidence: European Evidence Warrant, freezing and European Investigation Order

Week 10: European Investigaiton Order

Week 11: Cross-border gathetring of electronic evidence: Convention on Cybercrime 

Week 12: Cross-border gathetring of electronic evidence: European Preservation and Europena Production Orders

Week 13: Mutual recognition of judgments

Week 14: Comparative workshop v.1

Week 15: Comparative workshop v.2

 

 

 

Reading list

1. Kusak, Mutual admissibility of evidence in criminal matters in the EU. A study of telephone tapping and house search, Maklu 2016
2. M. Kusak, Quality of data sets that feed AI and big data applications for law enforcement, ERA Forum. Journal of the Academy of European Law
3. M. Kusak, Mutual admissibility of evidence and the European investigation order: aspirations lost in reality, ERA Forum. Journal of the Academy of European Law, vol. 19, nr 3 
4. Ligeti (ed.), Toward a Prosecutor for the European Union. Volume 1. A comparative Analysis, Hart Publishing 2013
5. Suominen, The principle of mutual recognition in cooperation in criminal matters, Bergen 2010
6. Vermeulen, W. De Bondt, EU Justice and Home Affairs: Institutional and policy development, Maklu 2016
7. Vermeulen, W. De Bondt, C. Ryckman (eds.), Rethinking international cooperation in criminal matters in the EU. Moving beyond actors, bringing logic back, footed in reality, Maklu 2010