EU Criminal Law

The course aims to provide knowledge of EU legal instruments in the field of judicial cooperation in criminal matters, of the scope of harmonisation of procedural and substantive criminal law, of mutual recognition of judicial decisions, of the interaction between national and EU legal orders and main bodies and agencies in the field.

1. Introduction to the EU law – institutions, sources of law, constitutional principles.

2. Evolution of the EU competences in the field of judicial cooperation in criminal matters.

3. General outline of legal instruments in the judicial cooperation in criminal matters, legal effects of framework decisions and directives.

4. Scope of application of the principle of mutual recognition of judicial decisions.

5. Principle of ne bis in idem in the EU law.

6. European Arrest Warrant as the most advanced form of mutual recognition in criminal matters – the scope of application.

7. European Arrest Warrant – grounds for refusal of recognition and mutual trust.

8. European Arrest Warrant – constitutional problems with its implementation in some Member States.

9. Chosen EU acts introducing the principle of mutual recognition – financial penalties, imposing custodial sentences or measures involving deprivation of liberty, European Evidence Warrant.

10. Harmonisation of Member States Criminal Law – i.a. combating terrorism, cybercrime, organised crime, racism and xenophobia.

11. Approximation of Member States Procedural Law – procedural rights of suspected or accused persons.

12. EU Anti-terrorist Sanctions.

13. Bodies and agencies in the field of cooperation in criminal matters – The European Public Prosecutor’s Office, EUROPOL, EUROJUST, European Judicial Network.