Curricula Guides

Uusi opinto-opas (sisältäen myös opetusohjelmat) lukuvuodelle 2018-2019 sijaitsee osoitteessa https://opas.peppi.utu.fi . Tältä sivustolta löytyvät enää vanhat opinto-oppaat ja opetusohjelmat.

The new study guide (incl. teaching schedules) for academic year 2018-2019 can be found at https://studyguide.utu.fi. This site contains only previous years' guides.

x !
Archived Curricula Guide 2013–2014
Curricula Guide is archieved. Please refer to current Curricula Guides
TLS_1027 Equal in Europe? The right to a legal defense within the EU 2 ECTS
Organised by
Turku Law School
Person in charge
Responsible teacher: Samantha Cheesman, LLB (Hons.), LLM, BVC Assistant, Lecturer. Faculty of Law and Political Sciences, University of Szeged.

Learning outcomes

The aim of the course is to give students the ability to identify the notion of a fair trial. Additionally, students will be familiarised with the key concepts and competing theories which act to erode the right to a fair trial.

Contents

This course examines the legal protections afforded to defendants whether they are indigent or charged in a foreign country. The central concept to the course will be the principle of “equality of arms” and how it has and is interpreted by the European Court of Human Rights case law. The interpretations of “equality of arms” will be discussed to see if the current implications secure access to justice for everyone. A comparative lens will also be applied where students will gain an insight into the varying practices both inside and outside of Europe. This will provide a wider understanding of securing access to justice. The course
is taught from a human rights perspective with particular emphasis upon the right to a legal defense in criminal trials. The competing interest of state and the defendants will be examined in light of legal aid, plea bargaining and the European Arrest Warrant.

Teaching methods

Teaching method Contact Online
Lectures 8 h 0 h

Will be seminar based with active class participation in the form of group work and assignments. At the end of the course there will be a written take-home examination in the form of an essay question.

Teaching language

English

Modes of study

Option 1
Available for:
  • Degree Programme Students
  • Other Students
  • Doctoral Students
  • Exchange Students
Participation in classroom work
  • In English
Essay
  • In English
English:
Participation in classroom work and Essay

Evaluation

Numeric 0-5.

Study materials

Study materials/literature:

1. Sarah J Summers A Right to a Fair Trial

2. Z. Namoradze and E. Cape, Effective Criminal Defence in Europe, 2012

3. Malgorzata Wasek Wiaderek, The Principle of “equality of Arms” in Criminal Procedure Under Article 6 of the European Convention on Human Rights and its Functions in Criminal Justice of Selected European Countries:

A Comparative View, 2000

Conventions and other documents(this is a non-exhaustive list of reading materials. Students will be supplied with complimentary readings before and during the classes):

1. The European Convention of Human Rights and Fundamental Freedoms (1950)

2. The Charter of Fundamental Rights of the European Union (2000/C 364/01)

3. The Universal Declaration on Human Rights (1948)

4. The International Covenant on Civil and Political Rights (1966)

5. Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States

6. Proposal for a Directive of the European Parliament and of the Council on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest, COM(2011) 326 final, 8 June 2011

7. Roadmap for strengthening procedural rights of suspected or accused persons

in criminal proceedings, (2009/C 295/01), 30 November 2009

8. Article 7 of the Vienna Convention on the Law of Treaties (1969)

9. CPT Standards, CPT/If/E (2001) 1- Rev. 2011

10. Engel and Others v the Netherlands, 8 June 1976

11. Salduz v Turkey [2008] ECHR 1542

12. (R) on the application of Gorczowska v District Court in Torun Polan [2012] EWHC 378 (Admin)

13. Niderost-Huber v Switzerland [1997] ECHR 18990/91

Further information

TIME: Lectures will take place on April 2014 (on week 17).

SELECTION CRITERIA: 1/3 of the places is reserved for the degree students of the Faculty of Law. For the remaining places, the following criteria will be used to select the participants:

1. exchange students of the TLS cooperative institutions
2. degree students of the TLS cooperative institutions
3. other law students
4. non-law students

Please see general instructions: Registration for optional study modules.

Registration for the course begins on 14th March 2014 at 8 AM and ends on 11th April 2014 at 3 p.m.

Belongs to following study modules

Faculty of Law
Faculty of Law
2013–2014
Teaching
Archived Teaching Schedule. Please refer to current Teaching Shedule.
Faculty of Law
Finnish Study Modules
Master of Laws DP
Law, Studies for Bachelor/Master of Laws Degree