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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 | |||||||||||||||||||||||||||
| This part of the Legal Skills module introduces important online legal resource tools needed when studying European and International law. Both publicly accessible tools (such as EUR-Lex, United Nations Treaty collection etc.) and those available through the RUG Law Library portal (such as Westlaw etc.) are used. Each workgroup session is interactive with students and lecturer discussing and examining the features of the online resources being used in that session, when and where they may be used and how to cite resources accessed. A number of tasks are assigned per session to practice skills learnt and/or reinforce skills gained in previous sessions. | |||||||||||||||||||||||||||||
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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 | |||||||||||||||||||||||||||
| This course focuses on the substantive law of the European Union, with particular emphasis on the fundamental freedoms of the EU internal market, fundamental rights, EU citizenship, EU competition law and the external relations of the EU. Students are expected to be familiar with the basic principles of EU constitutional and institutional law, as covered by the first-year course Introduction to International and European Law. The course also provides an introduction to the enforcement of EU substantive law both at EU-level and national level, and the basic principles of judicial protection. These topics will be discussed in greater detail in the third-year LLB course EU Law of Judicial Protection. The two weekly lectures discuss the general theory and doctrine of the topics covered by this course. The weekly workgroups focus on the practical application and analysis of these topics. Particular attention will be given to the ability to apply EU substantive law in favour of one particular side of a dispute, which is the core activity of lawyers, instead of trying to find “the one right answer”. Active participation in the workgroups is mandatory. The assessment is based on a written exam. | |||||||||||||||||||||||||||||
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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 | |||||||||||||||||||||||||||
| New technologies, including the Internet, cloud technology and cryptocurrencies, enable new ways of committing crimes. This creates new challenges to traditional criminal law and to existing cybercrime legislation. This course will review these challenges, examining limitations and possibilities of the current legal frameworks and reflects on the future regulation of cybercrimes. Particular emphasis will be placed on the definition of offences, on the procedural means to investigate and prosecute these crimes as outlined in the current Cybercrime Convention (ETS 185). A comparative view of the legal issues will be adopted, drawing especially on the international framework (including the Council of Europe and the European Union) and national approaches. The course will cover: a. definitions and categorisation of cybercrime; b. the relationships between cyberterrorism, cyberwarfare and cybercrime; c. content related cybercrime (such as child pornography; IP infringement; hate speech); d. offences against property (including fraud); e. computer assisted crimes: f. policing online behaviour (including responsibilities of internet service providers); g. prosecuting cybercrimes; h. discussion of key human rights cases relating to cyber investigations and prosecutions; i. the future of cybercrime (including a reflection on criminal responsibility in automation). | |||||||||||||||||||||||||||||
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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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