Vai al contenuto| Home page|

   Ti trovi in: HOME »Programmi, progetti e risultati »I progetti »PRIN - Programmi di ricerca di Rilevante Interesse Nazionale»Programma di ricerca»Unità di ricerca
INIZIO_TESTO_DA_INDICIZZARE

UNITA' DI RICERCA

italiano - english

Research program

Individual guarantees and judicial cooperation in criminal matters in the European Union
University Co-ordinator
Università degli Studi di MILANO - Diritto internazionale - MILANO(MI)
Research Unit Leader
Bruno NASCIMBENE
Description
The search program will be articulated as follows:
a) analysis and reconstruction of the institutional aspects concerning the field of judicial cooperation in criminal matters. Attention will be focused on the performance of the European Court of Justice as it is analyzed by the doctrine and highlighted by the jurisprudence. The role of the Commission will be taken into account with particular reference to practise and legal value of the documents elaborated by this institution. There will be an exam of the claims of the European Parliament that is asking for a deeper involvement in the matter in issue. Finally, attention will be focused on the Council and on the role of the Coordinating Committee as it is described in article 36 of the TEU.
b) analysis and reconstruction of the competences of the bodies involved in the field of judicial cooperation in criminal matters and relationships among them. Particular attention will be focused on:
– Europol (established by the homonymous Convention, see OJEC C 316/1995 and mentioned in articles 29 and 30 of the TEU)
– Eurojust (established by Council decision no. 2002/187/JHA, see OJEC L 63/2002 and mentioned in articles 29 and 31 of the TUE)
– Olaf (established by Commission decision no. 1999/352, see OJEC L 136/1999)
– the European Judicial Network (established by joint action 98/428/JHA, see OJEC L 191/1998)
– the Liaison magistrates (joint action 96/277/JHA, see OJEC L 105/1996)
The study will start from the analysis of the documents establishing those bodies and will consider both doctrine and practise.
c) analysis of the Treaty establishing a Constitution for Europe. Attention will be focused on the institutional novelties of judicial cooperation in criminal matters concerning political and judicial institutions. The study will have to verify if the new Treaty will be able to overcome the special features that the research, concerning point a above, might have underlined. Finally, the question of the reconstruction of the competences of the different bodies and relationships among them (as described in point b above) will be analyzed in the light of the Treaty establishing a Constitution for Europe.