Admission requirements
Students who want to follow this course need to be admitted to the master’s programme in Comparative Criminal Justice.
Description
Traditionally, criminal justice systems across Europe have had unique features closely tied to national sovereignty and identity. Despite their individual characteristics, these criminal justice systems share core similarities, developed over time through dynamic national processes. In recent decades, domestic criminal law has increasingly come under the influence of European and international developments, leading to a convergence of national criminal justice systems. This growing influence is largely due to the heightened relevance of human rights and the impact of international and regional human rights instruments, as well as the evolving nature of transnational and cross-border crime.
This course traces the origins of the Europeanization and internationalization of criminal justice. Lectures will guide students through the stages of this development, illustrating how European criminal justice systems have evolved from relative isolation to increasing interconnection and significant exposure to supranational influences. The perennial dilemma between harmonization and (national) legal diversity constitutes the common thread that lies beneath all questions raised throughout this course.
The course emphasizes the interplay between human rights and criminal law on both national and supranational levels. Topics range from general principles of human rights law and criminal law to specific criminal justice issues, such as due process and victims’ rights. Students will explore the most important aspects of European criminal justice systems, including internal structures, conceptual divisions, and the roles of key criminal justice actors. Following an in-depth look at the emergence of supranational human rights norms in Europe and the expansion of relevant instruments—such as the European Convention on Human Rights (ECHR) and the EU Charter of Fundamental Rights—the course will shift its focus to cross-border cooperation in criminal matters. By examining recent developments within the EU’s Area of Freedom, Security, and Justice (AFSJ), students will see how the EU has become pivotal in harmonizing substantive and procedural criminal norms across Europe, aiming to combat cross-border crime and enhance procedural safeguards throughout the Union.
The influence of European law has faced resistance from national legislatures and courts, reflecting the critical importance of criminal law to national sovereignty. This course will delve into these legal and cultural tensions between supranational and national norms and institutions. An extensive analysis of ‘judicial dialogue’ between national and supranational courts will highlight how the EU's ability to enact criminal legislation can challenge state sovereignty and political autonomy. Students will examine judicial reasoning by studying interactions between the European Court of Human Rights, the Court of Justice of the EU, and national courts.
The last part of the course focuses on the current state of defence rights and procedural safeguards, including victims' rights, within Europe. To conclude, students will participate in a moot court competition designed specifically for this course. Over four interactive workshops, they will transition from theory to practice, applying their knowledge in simulated legal proceedings. These workshops include an in-depth exploration of courtroom techniques and judicial reasoning, focusing on the complex relationships among the actors involved in cases before the European Court of Human Rights. Students will then put these skills to use in a mock trial before a simulated European Court of Human Rights.
Course objectives
Upon completing this course, students will be able to:
Develop substantive knowledge and insights in comparative criminal law, and apply them within multi-level, transnational criminal justice systems.
Explain how various forms of criminality can be addressed in Europe and assess whether specific offenses should be harmonized or not. This assessment will be based on principles of proportionality and subsidiarity, as well as on an evidence-based evaluation of proposed harmonization measures.
Understand the functioning of different systems of police and judicial cooperation in Europe.
Compare diverse sources of human rights and procedural safeguards in Europe, and assess their impact—whether positive or negative—on domestic criminal justice systems.
Navigate the complex interactions between national and European legal and policy dynamics in the criminal justice field.
Plead a case before the European Court of Human Rights and understand, through practical experience, the roles played by private individuals and state authorities in the process of ‘dispensing justice’.
Employability and (academic) career
This course equips participants with essential transferable skills that are highly valued in both academic and professional settings. Students will strengthen their abilities in critical thinking, reasoning, comparative legal analysis, and effective communication. They will enhance their skills in reviewing literature, presenting research findings, engaging in debates, and advocating for criminal justice policies, while also assessing criminal justice systems across multiple jurisdictions.
Additionally, the practical experience gained through the moot court competition, where students apply theoretical knowledge to simulated legal proceedings, further enhances employability by developing courtroom skills, judicial reasoning, and teamwork.
Graduates will be well-prepared for a wide range of careers in European criminal law, human rights law, public policy, advocacy, legal consultancy, and research in the field of comparative criminal justice.
Timetable
Check MyTimetable.
Mode of instruction
The course comprises 12 lectures and 4 workshops. The lectures explore key topics in human rights and European criminal law, while the workshops are intended to prepare students for the moot court competition.
To make the most of each lecture, students are expected to read the assigned literature in advance. Lectures will build on these readings and delve into the complexities of each topic. By studying the materials beforehand, students will be better equipped to follow the discussions and actively engage in class.
The four workshops are interactive and student-driven, focusing on bridging theory and practice to support students in preparing for the moot court competition. Students will apply their knowledge in simulated legal proceedings, developing courtroom techniques and judicial reasoning skills. The cases students will be required to plead will be presented and analyzed in depth during the workshops. Working in groups, students will prepare and draft their arguments in anticipation of the pleadings.
Assessment method
To successfully complete the course, students will be assessed through various methods. The final course grade is based on an individual portfolio (20%), a moot court competition (30%), and a final written exam (50%). To pass the course, students must achieve a minimum grade of 5.5 (passing grade) for each of these three components. Opportunities for retakes will be available for both the individual papers and the final exam. Depending on the number of students who have to retake the final exam, the course coordinator may decide that the retake will be an oral examination.
The final course grade (100%) will be calculated as follows:
I. Individual Portfolio (20%):
Students are required to submit two papers during the course, each addressing a different topic that aligns with the course themes. The word count for each paper is max. 1,500 words (excl. references).
II. Moot Court Competition (30%):
Students will participate in a moot court competition specifically organized for this course. This includes submitting written memorials (20%) and preparing for oral pleadings (10%). The moot court is a group assignment, and students will work in teams for both the written memorials and oral pleadings. The oral pleadings usually take place during the last week of the course; participation and attendance are mandatory.
III. Final Exam (50%):
Students will take a three-hour open-book written exam covering all topics discussed throughout the course.
Regulation retake passed exams
In this course it is possible to retake an exam that has been passed (cf. art. 4.1.8 and further of the Course and Examination Regulations). Students who have passed the exam may retake the final written assessment (test) of the course if they meet certain requirements. For more information, go to the website > ‘Law’ tab > ‘Retake a passed exam’.
Reading list
To prepare for the course, students are required to read the assigned materials, which will be available on Brightspace and also included in the course guide. For students with no prior knowledge of European law, the following optional readings are strongly recommended:
Colson, Renaud, and Stewart Field. EU Criminal Justice and the Challenges of Diversity: Legal Cultures in the Area of Freedom, Security and Justice. First paperback edition, Cambridge University Press, 2016, https://doi.org/10.1017/CBO9781316156315.
Mitsilegas, Valsamis. EU Criminal Law after Lisbon : Rights, Trust and the Transformation of Justice in Europe. Hart Publishing, Ltd., 2016, https://doi.org/10.5040/9781474203326.
Schütze, Robert. An Introduction to European Law. Fourth edition., Oxford University Press, 2023.
Registration
Registration for courses and exams takes place via MyStudymap. If you do not have access to MyStudymap (guest students), look here (under the Law-tab) for more information on the registration procedure in your situation.
Contact
Coordinator: Konstantinos Zoumpoulakis
Availability: Monday till Friday, via email
E-mail: [k.zoumpoulakis@law.leidenuniv.nl]
Institution/division
Institute: Criminal Law and Criminology
Department: Criminology
Opening hours: 9.00 to 16.00
Telephone secretariat: 071 – 527 7324
E-mail: criminologie@law.leidenuniv.nl