Portale di Ateneo - En.Unibs.it

After the Treaty of Lisbon, the creation of a real European Union law, including in criminal matters, require a new approach to the interpreters: an integrated study of the foundations of the criminal procedural law, able to find their own matrices both in European legislation, where the sources of legislative alongside, in particular, the exegetical work of the Court of Justice in Luxembourg, both in the case law of the European Court of human Rights in Strasbourg.
A part of the course, therefore, concerns the composite system of the sources of criminal procedural law. In this context, therefore, it will examine the multi-level protection of fundamental rights, as outlined by the dialogue between Courts: the judgments of the Italian Constitutional Court about the incidence in domestic law of the European Convention on Human Rights, and the role of the Court of Luxembourg as an interpreter of EU law.
The course, finally, focuses on the instruments of European judicial cooperation between European Arrest Warrant, European Investigation Order in criminal matters, protection of advocacy, information and translation, protection of victims and EPO.