Judical cooperation in criminal matters in the EU

Timetable

Module aim (aims)

This course aims at enabling the students:

- to gain an insight into the various European co-operation levels and their relationships

- to gain an insight into and to apply the instruments of European co-operation in criminal matters

- to gain an insight into the main obstacles to EU cooperation in criminal matters

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

Basic knowledge on EU law and legislation process (Maastricht Treaty, Amsterdam Treaty, Lisbon Treaty, competences of core EU bodies)

Basic knowledge on criminal law and procedure (domestic and international approach)

Fluency in legal English

Syllabus

Week 1: Description of the various European co-operation levels

Week 2: Principles of EU judicial cooperation (I): double criminality, mutual recognition, ne bis in idem

Week 3: Principles of EU judicial cooperation (II): locus regit actum, forum regit actum, public ordre, speciality

Week 4: Main obstacles to European cooperation in criminal matters: overcoming conflicts of jurisdictions and domestic incompatibilities

Week 5: Mutual legal assistance: core instruments and procedures (extradition, 1959 CoE convention, 2000 EU convention)

Week 6: Mutual recognition: introduction to the new philosophy of trans-border cooperation (core principles, bodies developed to facilitate cooperation between EU member states, minimum standards to enhance mutual trust between member states)

Week 7: Joint investigation teams and the role of Eurojust and European Judicial Network in criminal matters

Week 8: European Arrest Warrant

Week 9: Mutual recognition of final decisions (I): Financial penalties

Week 10: Mutual recognition of final decisions (II): Confiscation orders

Week 11: Mutual recognition of final decisions (III): Custodial sentences

Week 12: Mutual recognition of final decisions (IV): Probation decision and alternative sanctions

Week 13: Mutual recognition of decisions on supervision as an alternative to provisional detention

Week 14: Cross-border gathering of evidence in criminal matters in the EU

Week 15: Towards common EU standards for procedural rights in criminal matters

Reading list

E. Cape, J. Hodgson, T. Prakken, T. Spronken (eds.), Suspects in Europe. Procedural Rights at the Investigative Stage of the Criminal Process in the European Union, Intersentia Antwerpen - Oxford, 2007

M. Kusak, Mutual admissibility of evidence in criminal matters in the EU. A study of telephone tapping and house search, Maklu 2016

K. Ligeti (ed.), Toward a Prosecutor for the European Union. Volume 1. A comparative Analysis, Hart Publishing 2013

A. Suominen, The principle of mutual recognition in cooperation in criminal matters, Bergen 2010

G. Vermeulen, W. De Bondt, EU Justice and Home Affairs: Institutional and policy development, Maklu 2016

G. 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 2012

G. Vermeulen, W. De Bondt, Y. Van Damme, EU cross-border gathering and use of evidence in criminal

matters. Towards mutual recognition of investigative measures and free movement of evidence?, Maklu 2010