Module Code - Title:
LA6062
-
COMPARATIVE AND EUROPEAN CRIMINAL JUSTICE
Year Last Offered:
2024/5
Hours Per Week:
Grading Type:
N
Prerequisite Modules:
Rationale and Purpose of the Module:
This Module addresses developments in the field of European Criminal Justice resulting inter alia from the Lisbon Treaty. These developments are not adequately addressed within the existing module of European Criminal Law LA5152, because as that title suggests, it is narrower in focus that European Criminal Justice. The module will take account of developments to criminal justice systems in EU Member State jurisdictions. Thus, it will assess the body of European Criminal Justice within a contextual framework of comparative law.
Syllabus:
Historical development of criminal justice systems in common law and civil law countries; accusatorial and inquisitorial concepts in criminal justice; development of EU competence in criminal law; Principles of freedom, security and justice; Decision-making structures, processes and instruments under Lisbon Treaty; Council of Europe Conventions; Mutual assistance in criminal investigations across national boundaries; Mutual recognition of judicial decisions in criminal matters; Europol; Eurojust; European Public Prosecutor; Extradition and the European arrest warrant; Evidence gathering/transfer;European Criminal Records Information System; Stockholm Programme 'Roadmap' measures; European Supervision Order; Protection of human rights; Directive on the presumption of innocence; Directive on the European Protection Order; Directive on rights, support and protection of victims of crime; Comparative study of pre-trial and trial processes in selected European jurisdictions; roles of the players in process; the conduct of the trial; the admissibility of evidence; the position of victims in the criminal process; Implications for harmonisation of criminal procedure; a common criminal justice system for Europe?
Learning Outcomes:
Cognitive (Knowledge, Understanding, Application, Analysis, Evaluation, Synthesis)
On successful completion of this module, a student will be able to:
- Understand the development of EU competence in criminal justice matters;
the principles of freedom, security and justice; the principle of mutual recognition; Describe key features of decision-making structures, processes and instruments under Lisbon Treaty and Council of Europe Conventions;
Consider the developing EU legal instruments aimed at enhancing/harmonising cooperation in criminal matters in the European Union;
Assess the legal and democratic bases for cross-border policing in the European Union;
- Understand the historical development of approaches to criminal justice in civil and common law jurisdictions.
- Describe key features of criminal justice systems civil law and common law jurisdictions: the role of the police, prosecutors, defence lawyers; the jury; judges; victims/witnesses; pretrial; trial.
- Consider the effects of the differences between common law and civil law jurisdictions generated by institutional arrangements and culture in the investigation and trial process on the development of a system of European Criminal Justice.
Affective (Attitudes and Values)
Appraise the growth of EU criminal law and procedure in the context of a parallel growth in the machinery for the protection of human rights.
- Engage in comparative analysis of the pretrial and trial process in each jurisdiction and evaluate the centrality of the ideas of fairness/search for truth;
- Critically evaluate the actual extent of the perceived differences between the civil law model and the common law model of criminal justice and the implications for an EU criminal justice system.
Psychomotor (Physical Skills)
n/a
How the Module will be Taught and what will be the Learning Experiences of the Students:
Discussion based seminar encompassing analysis of legislative and policy documents, analysis of academic commentary, student reflections. Materials are all based on up to date active research by Module Leader.
Graduate attributes are developed by equipping students with a high level of competence regarding EU criminal justice, and as this is a developing area, will give students a capacity to bring their knowledge to bear on real world problems and challenges;(Knowledgeable)
Proactive attributes are included by encouraging active use of data and research to drive improvements in the developing EU criminal justice area.
Creative attributes are included by engendering in students a capacity to see new possibilities and opportunities in the development of EU criminal justice.
Articulate attributes are included by developing competence in conveying ideas clearly, through active student participation in seminars.
Research Findings Incorporated in to the Syllabus (If Relevant):
Prime Texts:
Klip A, (2012)
European Criminal Law An Integrative Approach (2nd ed)
, Intersentia
Eckes C, Konstadinides T, (2011)
Crime within the area of freedom, security and justice: a European public order
, CUP
Ryan A, (2014)
Towards a System of European Criminal Justice: the problem of admissibility of evidence
, Routledge
Ligeti K, (ed) (2012)
Toward a Prosecutor for the European Union: A Comparative Analysis
, Hart
Other Relevant Texts:
Programme(s) in which this Module is Offered:
MAHRCJTFA - HUMAN RIGHTS IN CRIMINAL JUSTICE
MAHRCJTPA - HUMAN RIGHTS IN CRIMINAL JUSTICE
MLECLATFA - European and Comparative Law
MLECLATPA - European and Comparative Law - Part Time
MLLAGETFA - (GENERAL)
MLLAGETPA - (GENERAL) P/T
Semester(s) Module is Offered:
Spring
Module Leader:
Blaithin.oshea@ul.ie