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.

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Archived teaching schedules 2013–2014
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TLS_1027 Equal in Europe? The right to a legal defense within the EU 2 ECTS
Periods
Period I Period II Period III Period IV
Language of instruction
English
Type or level of studies
Intermediate studies
Course unit descriptions in the curriculum
Turku Law School
Faculty of Law

Enrolment

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

Teaching

Lectures 8 h
Lectures
Wed 23-Apr-2014 at 10-14, Cal2
Thu 24-Apr-2014 at 10-14, Cal2
Fri 25-Apr-2014 at 10-12, Cal2

Study materials

Equal in Europe? The right to a legal defense within the EU

(8 teaching hours)

Topics to be covered: This course examines the legal protections afforded to defendants. The classes will focus on the principle of equality of arms and how the European Court of Human Rights interprets it. A human rights approach is adopted in this course when examining criminal trials. Additionally the competing interests of the state and the defendant are examined in light of such issues as legal aid and plea-bargaining.

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

23rd of April

Will focus on the principle of equality of arms.

The following cases should be read:

1. X.Y. v Hungary

2. Jespers v. Belgium

3. Delcourt v. Belgium

4. Pakelli v. Germany

5. Croissant v. Germany

6. Colozza v. Italy

7. Artico v. Italy

8. Airey v. Ireland

E.U. documents;

1. Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013

2. Directive 2012/13/ EU of the European Parliament and of the Council of 22 May 2012

3. The Stockholm Programme - 2010/C 115/011

4. The Roadmap- 2009/C 295/01

24th of April

The classes will focus on access to justice issues. Please read the following articles ahead of the class.

1. What's wrong with Legal Aid? Lessons from outside the UK. John Flood and Avis Whyte, Civil Justice Quarterly pp.80-98

2. Effective Criminal Defence in Europe. Ed Cape, Zaza Namoradze, Roger Smith and Taru Spronken, Intersentia, 2010, pp.1-36

3. Towards minimum procedural guarantees for the defence in criminal proceedings in the EU. Laurens van Puyenbroeck Gert Vermeulen, International and Comparative Law Quarterly,Volume 60 Issue 04, October 2011, pp 1017-1038

25th of April

This class will discuss the joint issues of plea bargaining and the presumption of innocence.

1. Comparative Perspectives: German and Italian Systems of Negotiated Justice, Gabriela Jara, Duke University School of Law, Legal Studies Research Paper No. 2013-15 Plea bargaining special issue, pp.1-14

2. Regulating Plea Bargaining in Germany: Can the Italian Approach Serve as a Model to Guarantee the Independence of German Judges, Maike Frommann, Hanse Law Rev. Vol 5 No 1, 2009

3. Is Plea Bargaining in the ``Shadow of the Trial'' a Mirage?, Shawn D. Bushway and Allison D. Redlich, J Quant Criminol, Springer, 2011, pp.1-18

4. Rethinking the presumption of innocence, Victor Tadros, Crim Law and Philos (2007) 1, pp.193-213

5. Adversarial Inquisitions: Rethinking the Search for the Truth, Keith A. Findley, New York Law School Law Review, Volume 56, 2011/12, pp.911-941

(the articles mentioned above will be provided to the students after the registration period has ended)