European Criminal Justice - EJTN

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EJTN training guideline in European Criminal Justice - Update 2011- Case C-176/03 Commission v. Council [2005] ECR I-07879- Case C- 440/05 Commission v. Council [2007] ECR I-0000- Case C-301/06 Ireland v. Parliament and Council (data retention)Criminal competence under the first pillar:- Case C-176/03 Commission v. Council [2005] ECR I-07879- Case C- 440/05 Commission v. Council [2007] ECR I-0000- Case C-301/06 Ireland v. Parliament and Council (data retention)3. TrainersTrainers for this topic should be scholars or national practitioners (for examplefrom the Ministry of Justice) or experts from training institutions.4. TraineesThis topic can be especially recommended for junior judges and future/traineejudges.5. MethodologyA) Training methodThe training can be carried out in the form of a basic seminar but it might notbe necessary to dedicate a whole seminar to the topic. It can successfully beallocated as part (one lecture) of another training course.B) Complementary e-learningThe basic seminar can be accompanied by preparatory e-learning tools.C) PriorityIt is strongly recommended that judges and prosecutors have a rudimentaryknowledge of this matter.Training on this topic has been selected to form part of a common nationaltraining curriculum in European criminal justice by the participating trainers ofthe joint Workshop 'A joint frame for European criminal justice training in theEU'.D) FormatThe training can be carried out in a local, regional or national setting.II. The effect of Third Pillar instruments in national systems(see also above I.II)1. IntroductionApparently the European system of penal law as a closed body of criminallegislation is still a utopia. The efforts of the European Union to approximatenational legislation in several fields certainly indicate a certain degree ofdevelopment towards a European system of penal law. The use of criminalsanctions in a number of First Pillar areas such as the environment or consumer19
EJTN training guideline in European Criminal Justice - Update 2011protection arising from recent decisions by the European Court of Justice leadsus to the question: how far has the Court in Luxemburg gone in attributingcompetence in criminal law to the European Union and how far will the Courtand the EU go in the future. Experience with the implementation of Europeancriminal law instruments is another field that should be covered. Experienceshows that there are different consequences in each member state, becausetraditions of legislation, interpretation and theoretical development of criminallaw are very different. It is very important in this context that criminal law beapproximated as well as the efforts of the EU in this field, as exemplified by theCorpus Juris.Training contentTraining on European criminal law should also include a methodologicalintroduction (general questions of European criminal law). As pointed outabove, the implementation of European instruments relating to criminal law isvery different in each member state and this situation needs to be clarified (Forexample: is the offence punishable in every member state? And is the degree ofpunishment the same?).Training should include: Community competence for criminal law: positions and comments Overview of the methodological background and member state criminallaw Practices and experience of national implementation of EU Directives andthe Framework Decisions on criminal law European experience of the interpretation of EU legislation Case studies2. Instruments and case lawa. Basic documents- Consolidated versions of the Treaty on European Union and of theTreaty establishing the European Community (consolidated text), (OJ C321E; 29.12. 2006)- Consolidated versions of the Treaty on European Union and the Treatyon the functioning of the European Union (The Lisbon Treaty)- The Implementation of the Corpus Juris in the Member States, Delmas-Marty/Vervaele (edit.), 4 volumes, Intersentia, ISBN 90-5095-097-3.b. Case law1. Case C-440/05, ship-source pollution, annulment Framework Decision2005/667/JHA, Judgment of 23 October 20072. Cases C-303/05 Advocaten Voor de Wereld [2007] ECR I-36333. Case C-103/05 Pupino [2005] ECR I-52853. TrainersTrainers recommended are EU experts, national practitioners, and scholars.20
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