Contenuto
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UNITA' DI RICERCA
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Research program
Criminal Law and Treaty establishing a Constitution for EuropeUniversity Co-ordinator
Università degli Studi INSUBRIA Varese-Como - DIRITTO PUBBLICO ED INTERNAZIONALE - VARESE(VA)Research Unit Leader
Francesca Gisella RUGGIERIDescription
Considering the special features of the subject of the study – more doctrinal than statute law, as just noted – the first phase of the research - based on checking texts already studied – will aim to set up a kind of "listed system of sources": thus, it will distinguish between Corpus Iuris, commentary on Corpus Iuris, green papers, Framework Decisions, national regulations enforcing Framework Decisions, EU Programs on the subject, Constitutional Treaty, etc.Subsequently, to afford the study the required uniformity, the principles common to all member states concerning fundamental human rights will be highlighted, especially the rights of those accused of criminal offences, also in the light of the unifying jurisprudence of the European Court of Human Rights and of recent jurisprudence from the European Court of Justice.
Only after completion of this first step of "systemisation" will it be possible to underline what might be the basic common norms of community law concerning both rules of evidence and the responsibilities and competence of a future European Prosecutor.
At this point, the more proactive part will get under way - the search for norms which are not minimal (the so-called lowest common denominator) but maximal (the so-called highest standard obtained from the legal systems of member states) so as to safeguard basic rights regarding evidence and penal law scope within the larger question of the establishment of a European criminal trial in the future.
