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Informatie over Pre-LLM International and European Law: track Global Criminal Law
Hieronder staan het programma en de vakomschrijvingen van Pre-LLM International and European Law: track Global Criminal Law Klik op de naam van een vak in een schema om naar de omschrijving te gaan.
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| Periode | Type | Code | Naam | Taal | ECTS | Uren | |
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| semester I a | compulsory | RGPEE510BD | Law and Legal Skills - IT for Lawyers | Engels | 2 | ||
| compulsory | RGPAR510AD | Law and Legal Skills: the Dutch example | Engels | 10 | 8 | ||
| compulsory | RGBEE50110 | Law of the European Union | Engels | 10 | 6 | ||
| semester I b | compulsory | RGPSR50110 | Criminal Law | Engels | 10 | 8 | |
| compulsory | RGBIR50010 | Public International Law | Engels | 10 | 6 | ||
| semester II | compulsory | RGBIR50110 | Research Seminar | Engels | 10 | variabel | |
| semester II a | compulsory | RGBRI50105 | Regulating Cybercrime | Engels | 5 | 4 | |
| semester II b | compulsory | RGBEE50505 | European Judicial Protection | Engels | 5 | 2 | |
| Opmerkingen | 1/9/20: Change of Programme.
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| 1 | Criminal Law | RGPSR50110 | |||||||||||||||||||||||||||
| The course Criminal law is divided into two separate parts. Part A is dedicated to substantive criminal law, whereas part B is dedicated to procedural criminal law. There will be one single exam. Half of the grade is based on questions about part A and the other half of the grade is based on questions about part B. Part A: substantive criminal law Comparative law research shows that criminal law systems around the world deal with similar subjects and thus more or less with the same issues. Although, at first sight, every country seems to follow a path of its own, to a great extent criminal law systems have the same foundations. The objective of this part of the course is to study these fundamental and universal principles and concepts. Hypothetical cases will be used to explain legal doctrines and to explore the moral foundations of legal rules. The following topics will be discussed: the legality principle, actus reus (commission versus omission, causation), mens rea (intent versus negligence), the classification of offences, defences (justifications and excuses), inchoate offences (attempt and preparation)and European criminal law. Part B: procedural criminal law National criminal justice systems differ substantially. The adversarial or common law approach has other roots than the inquisitorial or civil law approach. Nevertheless, all criminal law systems have to deal with similar subjects and/or legal questions, and thus more or less the same issues. In Europe, the case law of the European Court of Human Rights contains a standard that every Member State has to respect. In this course, the focus is on ECHR case law and the influence of this case law on national systems of criminal procedure. The following elements of criminal procedure will be discussed: preliminary investigations, preparation and representation at the trial, evidence, sentencing and appeal. The position and competences or rights of the different actors in criminal procedures will also be discussed. | |||||||||||||||||||||||||||||
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| 2 | European Judicial Protection | RGBEE50505 | |||||||||||||||||||||||||||
| This course deals with the Union judicial system. It is taught as a class (the Professor encourages discussion), so active participation is required. It examines in detail the different legal procedures before the European Court of Justice (ECJ) and the General Court provided for in the three Treaties (TEU,TFEU and Euratom) and the judicial cooperation with the courts and tribunals of the Member States. Module structure: I Institutional structure and status of the ECJ and the General Court and the relationship between them II Authority of Judgments and general principles of law III Remedies before the European courts 1. Action against Member States for failure to comply with EU law 2. Action for annulment of Community acts 3. Action against failure to act 4. Plea of illegality 5. Contractual and non-contractual liability of the EU 6. Reforms in procedure before the ECJ and the General Court 7. The impact of the Charter and issues relating to individuals under CFSP IV Actions before the courts and tribunals of the Member States 1. National procedural autonomy? 2. Reference for a preliminary ruling 3. State liability. | |||||||||||||||||||||||||||||
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| 3 | Law and Legal Skills - IT for Lawyers | RGPEE510BD | |||||||||||||||||||||||||||
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| 4 | Law and Legal Skills: the Dutch example | RGPAR510AD | |||||||||||||||||||||||||||
| The course Law and Legal Skills: the Dutch example (LLS) provides insight into the workings of a legal system by using the Dutch system as a point of reference. The LLS program explains general issues such as the nature of law, sources of law and the separation of powers. Furthermore, the course familiarizes students with the existence and main characteristics of various areas of law in order to provide them with the basic knowledge that is expected of them in subsequent courses. Constitutional law, Administrative Law, Criminal law, International and European law and Private law will be introduced. Within these fields of law, both substantive as well as procedural law will be discussed. In addition, LLS will help students acquire the skills necessary to analyze questions of law and legal problems, such as reading legislation, analyzing case law, solving cases and searching for source materials (among other things law reports and literature). Attention will also be given to presentation skills and in giving and receiving feedback. It is imperative for students to arrive on time in the Netherlands if they have to travel from abroad. Only then can they familiarize themselves with the city, our faculty and our enrollment and e-learning systems. In the first week of this course we expect students to have the necessary literature and readers available so that you can prepare for the lecture (study the literature) and prepare for the working groups/tutorials (answer the questions for the Law part as well as the questions for the Legal Skills part). This course is generally considered as a difficult course since students have to adjust in many ways while finding out which study method suits them best. Moreover, LLS is a 10 ECTS course with only 7 weeks. It is almost impossible to catch up on the material and assignments if students should arrive late in the Netherlands since they would either be ill-prepared or miss the first week(s) all together. For this course students must pass the Law part as well as the Legal Skills part on the exam. | |||||||||||||||||||||||||||||
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| 5 | Law of the European Union | RGBEE50110 | |||||||||||||||||||||||||||
| The course in EU Law will consist of two times two hours of lectures, and one tutorial of two hours. The 14 lectures will consist of the following, non exhaustive list of topics: - The concept of the Internal Market - Free movement of Goods - Free movement of Services and Capital - Free movement of Workers and Persons - Competition law and its place in the internal market - The EU's role on the world stage. - (The development of) non-economic EU law - Effects of substantive law in national legal orders - General principles and fundamental rights. These lectures can be supplemented by lectures and materials of specialists in specific sub-fields of EU law, as examples of the breadth of the subject and the effect of EU law in different areas of life. The tutorials will consist of weekly worksheets with a number of questions to be discussed in class, which will help the student in understanding the core material, and one or two essay style assignments, which will help students to reflect on what they have learned. Active participation in class discussion will be mandatory. Only through discussion and explaining your reasoning will you gain a greater understanding of the prescribed material. The examination will take place by way of on a digital exam, where you will need to answer four questions in essay form. Part of the grade can on a voluntary basis be supplemented by handing in an essay. The conditions for participation will be announced in the third week of the course. Enforcement of the law discussed in this class will be the subject of the follow up course EU Law of Judicial Protection. | |||||||||||||||||||||||||||||
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| 6 | Public International Law | RGBIR50010 | |||||||||||||||||||||||||||
| In this module the main doctrines of public international law are discussed in lectures in which positive law and its historical background forms the basis for a discussion of the contribution of international law to the resolution of international conflicts and to managing (new) international challenges of an economic, ecological or humanitarian nature. In the working groups concrete situations will be addressed and students will be expected to discuss and argue the legally relevant aspects. Topics that will be discussed include sources, subjects, jurisdiction, immunities, state responsibility, international organizations, peaceful dispute settlement, the use of force in international relations, the law of the sea, international human rights law and international environmental law. | |||||||||||||||||||||||||||||
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| 7 | Regulating Cybercrime | RGBRI50105 | |||||||||||||||||||||||||||
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| 8 | Research Seminar | RGBIR50110 | |||||||||||||||||||||||||||
| In this course students will to get acquainted with legal research methods and train their research skills. This is mainly done on the basis of writing and discussing research papers on topics related to International and European Law (and Technology law in the context of that specific track). Most papers will be written individually, but some will be done in small groups. The research topics are close to ongoing research done by the professors and lecturers involved who will not only introduce the topics, but will also discuss the final papers and provide feedback. Literature will be provided during the course. | |||||||||||||||||||||||||||||
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