Subject: The aim of the course is to analyze the growing influence that the European sources have on the national penal system, and for which some observers have announced the birth of a real “European penal system”, determined on the one hand by the harmonizing trend of EU law and, on the other hand, by the increasing “constitutional” influence exercised by the European Convention on Human Rights.
The perspective of the course is that of the national penal magistrate, as the “European common magistrate”, who is called to assess, in his daily interpretation of the legal provisions applicable to each case, the current dimension of the integrated system of national and European sources.
In fact, it is thanks to the work of national magistrates – and to the dialogue they have established with the supranational courts – that is has been possible on the one hand to verify the effective impact of the European sources on the national systems and, on the other hand, to develop, through the inevitable application to specific cases, a first set of fundamental principles of a European penal system.
The course will start from the essential analysis of the system of sources and of relations between the national provisions and the European provisions of the integrated legal system of the European Union, of the relations between national law and the European Convention on Human Rights, and of cross relations between the legal system of the EU and the conventional law and of the specific effects of said integrated system on the national penal system.
From a different perspective, a similar analysis will be conducted of the specific effects that the provisions of the European Convention on Human Rights have on the reconstruction of the substantive and of the procedural and substantive law.
In view of the above theoretical framework, efforts will then be made, also through an analysis of “symptomatic cases”, to highlight any possible solutions available to Italian penal magistrates in cases where, during a criminal proceeding, they detect an interference between a national provision and a Community provision and/or a conventional provision.
Lastly, a specific in-depth analysis will focus on the central role of the dialogue between national magistrates and supranational magistrates in defining the essential characteristics of the system of European provisions affecting the penal sector.
Instruments and methodology: Face-to-face presentations will be alternated with study group sessions, with a special focus on case studies on the interference between the national penal system and European legislative sources. In this perspective, the course will maximize interaction with participants, offering them solutions to specific cases or simulating provisions.
The prospect of defining the basic characteristics of a European penal system will be discussed during the closing round table.
Candidates: judicial and prosecuting magistrates of first instance and high court.