Study:	The European Union Law - 10. semester
Code:	61318
ECTS:	4.0
Course coordinators:	prof. dr. sc. Zlata Đurđević izv. prof. dr. sc. Zoran Burić
Exam dates:	26. 06. 2023. 10. 07. 2023. 28. 08. 2023. 11. 09. 2023. Exam registration: Studomat

Literature:

Đurđević, Zlata; Lisabonski ugovor: prekretnica u razvoju kaznenog prava u Europi; Hrvatsko udruženja za kaznene znanosti i praksu (2008), str. 1077-1127

Optional literature:

Đurđević, Zlata; Ivičević Karas, Elizabeta; Burić, Zoran; Konferencija: Projekt za Ured europskog javnog tužitelja; Hrvatsko udruženja za kaznene znanosti i praksu (2012), str. 363-369 Đurđević, Zlata; Europski sud pravde i legitimitet europskog uhidbenog naloga; Hrvatsko udruženja za kaznene znanosti i praksu (2007), str. 1021-1027 Đurđević, Zlata; Mehanizmi utjecaja prava Europske zajednice na kaznenopravne sustave država članica; Pravni fakultet Sveučilišta u Zagrebu (2004), str. 287-326 Burić, Zoran; načelo ne bis in idem u europskom kaznenom pravu - Pravni izvori i sudska praksa Europskog suda; Pravni fakultet Sveučilišta u Zagrebu (2010), str. 819-859 Burić, Zoran; Europski uhidbeni nalog; Hrvatsko udruženja za kaznene znanosti i praksu (2007), str. 819-859

Description:

In the course the student gets acquainted with the axes of criminal law of the European Union through the analysis of the following thematic units: 1. Historical development of European Union powers in criminal law, 2. Provisions of the Lisbon Treaty relevant to criminal law, 3. The role of the European Court of Justice in the area of criminal law, 4. Foundations of police and judicial cooperation in criminal matters in the European Union - Principle of mutual recognition, 5. Institutions and mechanisms of police and judicial cooperation in criminal matters, 6. European arrest warrant, 7. Evidence in European Union criminal law, 8. Harmonization of criminal law Member States, 9. The principle of ne bis in idem in the criminal law of the European Union, 10. European Public Prosecutor's Office.

Cognitive Skills:

KNOWLEDGE AND UNDERSTANDING

After having successfully mastered the course, the student will be able to:

• define the concept and basic principles of European Union criminal law;
• explain the reasons for the distinct position of criminal law within the European Union legal system;
• extract the turning points in the historical development of European Union criminal law;
• describe the mechanisms of influence of European Union law on national criminal law systems;
• recognize and critically evaluate the significance of the principle of mutual recognition of judicial decisions in criminal law system;
• recognize and critically evaluate the degree of implementation of European Union criminal law in the national legal system;
• discuss the perspectives for the development of the European Public Prosecutor's Office

 

APPLICATION

After having successfully mastered the course, the student will be able to:

• interpret national criminal law in compliance with the basic principles of European Union law;
• allocate legal acts of the European Community and the European Union in accordance with their effects;
• apply the knowledge regarding the principles of criminal law cooperation within the European Union on national courts' decisions in respect of the European Arrest Warrant;
• illustrate the process of harmonization of rights of suspects and victims through the provisions of the Criminal Procedure Act.

 

ANALIZA

ANALYSIS

After having successfully mastered the course, the student will be able to:

 

• associate the limitation of powers of the European Union in the criminal law field and the importance of criminal law for national sovereignty;
• differentiate the development of European Union criminal law before and after the Lisbon Treaty;
• categorize the legal acts of international law, European Union law and nationa law;
• analyse the provisions of the Act on Criminal Law Cooperation with the Member States of the European Union;
• differentiate the institutions of police and judicial cooperation in criminal matters in the European Union
• extract the main mechanisms of criminal law cooperation in the European Union

 

SYNTHESIS

After having successfully mastered the course, the student will be able to:

• formulate conclusions about the importance of the jurisprudence of the Court of Justice of the European Union for national criminal law;
• prepare a presentation on the analysis of an individual decision of the Court of Justice of the European Union and its effects on national law;
• direct a discussion in the classroom regarding the analysed decision;
• prepare a request for criminal law cooperation directed at another Member State of the European Union

 

EVALUATION

After having successfully mastered the course, the student will be able to:

• evaluate the degree of integration of the third pillar of European Union law into the European Union supranational legal order;
• estimate the success of the Croatian criminal justice system reform;
• recommend the amendment of individual criminal law provisions in order to align them with the European Union law;
• conclude about the importance of European Union criminal law for domestic criminal justice system;
• conclude about the importance of criminal law cooperation in the European Union for the effectiveness of transnational criminal prosecution

Practical and Generic Skills:

After having successfully mastered the course, the student will be able to:

• publicly present the acquired studying outcomes;
• express himself/herself in clear and appropriately structured text whereby reasoning his/her positions;
• develop communication skills;
• participate in team work.

Matching Assessments to Learning Outcomes:

During the classes through interaction between the teacher and the students, lectures are used to encourage active participation of the students through examples, questions and similar.

Knopwledge is tested:

- during the classes through interaction between the teacher and the students,

- discussion of cases from the jurisprudence of the Court of Justice of the European Union, its presentation and discuissions about them

- when analysing a decision of the Court of Justice of the European Union, student is requested to independently analyse the factual and legal aspects of the case and to resolve the legal issues which arise out of it;

Consultations schedule:

• izv. prof. dr. sc. Zoran Burić:

  Thursdays from 2 p. m.

  Location: Gundulićeva 10, room 21