• Course title: Teaching Research Methodology
• Number of ECTS: 0
• Course code: MADE4-EEFCL-5
• Module(s): Module 3: Law and Economics
• Language: EN
• Mandatory: Yes

• Course title: Law and Economics
• Number of ECTS: 5
• Course code: MADE3-EEFCL-5
• Module(s): Module 3: Law and Economics
• Language: FR
• Mandatory: Yes

On completion of the course unit successful students will be able to (using action verbs):

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Identify the basic concepts of Microeconomics and Game Theory as well as gain insight in: (i) firm economics and (ii) welfare economics;

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Actively participate in a critical debate on law and economics, as for instance which societies structure themselves through criminal law;

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Recognize that criminal law is more than a set of abstract prohibitions, but reflects a part of the process of societal self-organization and reorganization; and

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From a critical point of view, examine the relevant literature on law and economics, weigh the theories proffered by contemporary social scientists and assess aspects of criminal law and criminal procedure.

The course first addresses the essential elements of law and economics (i.e., the application of microeconomic theory to legal issues), such as its key economic concepts, with an emphasis on topics related to economic and financial criminal law. A second part focuses on criminal offences related to tax law. The course illustrates the current legal framework in Luxembourg and in Europe, with a specific focus on the international cooperation in criminal matters related to tax offences.

• Course title: International criminal law: Moot Court
• Number of ECTS: 5
• Course code: MADE3-EEFCL-6
• Module(s): Module 3: Law and Economics
• Language: EN
• Mandatory: Yes

On completion of the course unit successful students will be able to (using action verbs):

–      

Identify the evolution of international criminal law and its enforcement by domestic courts;

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Apply existing definitions of international crimes, determine their potential applicability to a particular set of facts and thereafter persuasively argue whether or not, under that particular fact pattern, an international crime has in fact been committed;

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Explain and correctly use, criminal procedure before the International Criminal Court;

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Develop legal research skills, particularly in support of legal arguments made in criminal matters, oral and written English language skills using English legal terminology and the ability to successfully work on team projects.

This Moot Court is designed to develop practical skills (e.g., drafting persuasive legal pleadings and oral argument) in English using English legal terminology. Thus, the course focuses, first, on the historic evolution of international criminal justice and its enforcement through international criminal tribunals, which includes an analysis of the Statute of the International Criminal Court together with certain former international conventions and statutes of ad hoc international tribunals. Thereafter, the focus shifts to pleading a fictitious case before a fictitious panel of the International Criminal Court using its existing rules of international criminal procedure. Students, working in small groups, prepare written pleadings and oral arguments from the perspective of the prosecutor, defence counsel, and/or victim’s counsel. The memorials are submitted to the court prior to oral argument, at which students orally present, in a persuasive manner, the salient points in support of the particular position.

• Course title: Moot Court
• Number of ECTS: 0
• Course code: MADE4TC
• Module(s): Module 3: Law and Economics
• Language: FR
• Mandatory: No

• Course title: Foundations of criminal law and criminal procedure
• Number of ECTS: 5
• Course code: MADE4-EEFCL-1
• Module(s): Module 1: European Criminal Law and Criminal Procedure
• Language: EN, FR
• Mandatory: Yes

On completion of the course unit successful students will be able to (using action verbs):

–       

Develop their knowledge about the rationale behind criminal policies;

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Identify the legislative framework and identify the different policies adopted by the States and the EU in relation to various fields;

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Develop a comparative perspective on the Europeanization process of harmonization of criminal law and criminal procedure; and

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Develop: (a) analytical skills to make an own contribution to, and comments about the subjects and (b) critical attitude towards case law from (supranational) courts and towards the arguments of the parties to the proceedings.

The first course intends to introduce the student to the main features of criminal justice systems, their history, principles and rules, adopting a comparative and transnational approach. Principles related to criminal justice are here examined in depth building up on previous knowledge of the students of national systems of criminal justice. The course is divided in three correlated parts. The first is dedicated to the philosophical foundations of criminal punishment and justice.  It aims to introduce the students to the theories of punishment and their historical evolution. The second part focuses on criminal policies in both European and national framework, highlighting the complex interplay between the European and the national level. It intends to stress the complexity of this interaction dealing with specific, sensitive choices of criminalisation and their compatibility with fundamental rights. The third part intends to offer an overview of principles and rules of criminal law and criminal procedure in a transsystemic, comparative and transnational way.  Building upon students’ knowledge of their national systems, the course intends to offer an overview of the main features in the light of the ECHR case-law and of the main Constitutional decisions adopted at national level. Common law and civil law models of criminal justice are illustrated and discussed, as well as the contamination of the Anglo/American adversarial model on traditional inquisitorial structures of continental countries. The course is bilingual and aims to develop a good knowledge of the required terminology both in English and French

• Course title: European criminal justice
• Number of ECTS: 5
• Course code: MADE4-EEFCL-2
• Module(s): Module 1: European Criminal Law and Criminal Procedure
• Language: EN
• Mandatory: Yes

• Course title: Fair trial rights in Europe
• Number of ECTS: 5
• Course code: MADE4-EEFCL-3
• Module(s): Module 2: Protecting the individuals in a digital world
• Language: EN, FR
• Mandatory: Yes

On completion of the course unit successful students will be able to (using action verbs):

–        Explain the CJEU’s procedure and jurisdiction in criminal matters as well as the meaning and evolution of relevant ECHR and CFR provisions;-        Critically analyse and interpret national laws in light of the ECtHR’s and CJEU’s relevant case-law; –        Develop: (a) analytical skills to make meaningful contributions to, and comments on, the illuminated subjects and (b) a critical approach to the case-law issuing from supranational courts and toward the arguments proffered by the parties to such proceedings.

The course focuses on the development of fundamental rights protection in Europe and in particular in the EU. The first part (Fair trial rights in the case-law of the Court of Justice) considers the role of the Court of Justice of the European Union (CJEU) in criminal matters. It explores its jurisdiction and procedures in criminal cases and scrutinizes its leading jurisprudence on criminal law, criminal procedure, and so-called smart sanctions, with an intent to provide a better understanding of: (a) the interplay in this area between EU and national law, and (b) the role of national and European courts. The second (Fair trial rights and European policies) and third part (Reconnaissance mutuelle et Droits de la défense – Le mandat d’arrêt européen) intend to illustrate the impact of certain European policies on the protection of fundamental rights of Europan citizens. The third part offers an in-depth analysis of the European arrest warrant as the first tool of mutual recognition and the related case-law of the Court of Justice. The fourth part analyses the relevant provisions of the European Convention on Human Rights (ECHR) and the Charter of Fundamental Rights of the European Union (CFR), as well as the case-law of the European Court of Human Rights (ECtHR), with an intent to explore the various levels of protection offered by the mechanisms embedded in the ECHR and CFR as well as the role and interplay between the two courts.

• Course title: Criminal law in a digital world
• Number of ECTS: 5
• Course code: MADE4-EEFCL-4
• Module(s): Module 2: Protecting the individuals in a digital world
• Language: EN
• Mandatory: Yes

On completion of the course unit successful students will be able to (using action verbs):-       Identify the basic concepts of Cybercrime, the E-evidence in the EU, the Foundamental rights in a digital world and the Cryptocurrencies;-       Discuss the main challenges of Cybercrime, the E-evidence in the EU, the Foundamental rights in a digital world and the Cryptocurrencies;-       Explain the EU data protection framework for police and criminal justice authorities;-       Identify the specificities of the data protection in law enforcement, compared to all other policy areas.

Criminal Law and Cyberspace The course “Criminal Law and Cyberspace” brings to the students an in-depth understanding of the challenges and innovations in criminal law and criminal procedure when facing the repression of offences related to cyberspace. The approach in this course will particularly make the students reflect on the balance and proportionality of law when facing fundamental rights, such as the right to privacy and data protection. From a substantive perspective, the first lectures focus on the offences qualified as cybercrimes under the Cybercrime Convention and EU legislation. The course offers a theoretical systematic categorisation of these diverse offences as well as their in-depth explanation from a legal and practical perspective. Additionally, the course focuses on the responsibilities of online services providers in combatting illicit content online, in particular the dissemination of terrorist content or child abuse content. 2. Data Protection and criminal Justice The aim of the seminars on “Data Protection and criminal Justice” is to familiarise students with the legal framework on data processing activities in the law enforcement context and its challenges for the protection of fundamental rights, particularly in relation to the protection of personal data and privacy, as well as the rule of law.  In this respect, the first session will provide an overview of Directive (EU) 2016/681 (Law Enforcement Directive – LED), the key legal instrument that concerns the processing of personal data for ‘law enforcement purposes’ – which falls outside of the scope of the GDPR. The session will provide a synopsis of its main features and reflect on the differences from the GDPR.  The second session will delve into the centralised databases that have been set up for law enforcement purposes and in this respect, students will be acquainted with the main features of the Schengen Information System (SIS) and the databases set up by Europol, the EU’ s information hub for police cooperation. Both the SIS and Europol are subject to separate data protection rules and raise significant challenges for the protection of individuals’ rights. Law enforcement access to the databases processing data for immigration purposes (VIS, Eurodac, EES, ETIAS) will also be discussed.  Finally, the third session will look into the decentralised avenues for information exchange at EU level, understood as systems, which are developed at the national level, but with the infrastructure to make the data collected at the domestic level available to law enforcement authorities in other EU Member States (and to an extent Europol). In the second part of the course, the students will study the impact of new technologies on the criminal procedure. This part of the course will focus on three main topics: –         First, digital investigation techniques will be listed and explained, examining those most used by law enforcement authorities –         Second, the problem of the EU legislation on data retention and the current ECJ case law on this topic will be presented-         Third, the course offers a broad review of the available procedures to gather electronic evidence, as well as an in-depth study of the most recent frameworks on this topic3. AI and criminal Law The seminar on “AI and Criminal Law” aims at familiarising the students with the challenges that the unique features of Artificial Intelligence create for criminal law and criminal procedure. The analysis starts with the technical aspects related to the operation of self-learning algorithms, continues with a discussion of the specific features that render algorithmic action dangerous and hard to control, and ends with an analysis of the relevant legal issues, both procedural and substantive. The focus of the seminar is placed on the issues that relate to the general part of the criminal law, and the seminar relies on the analysis of practical examples and real cases of harm caused by the action of autonomous AI systems.   

• Course title: Anti – Money Laundering, compliance and special investigative techniques
• Number of ECTS: 5
• Course code: MADE4-32
• Module(s): European economic and financial criminal law – substantive and procedural aspects
• Language: FR
• Mandatory: Yes

On completion of the course unit successful students will be able to (using action verbs):Identify European criminal law issues in concrete, real-life situationsInterpret and apply sources of European criminal law and argue cases on the basis thereofUnderstand and assess the influence of national and European policy choices and the consequences thereof on the practice of criminal law and criminal procedureExplain the existing treaty framework and inter-institutional enforcement debateIdentify the different EU-adopted policies with respect to various fields that the EU has chosen to enforce through criminal and/or administrative lawIdentify the differences among actors and in legislation in the examined fieldsDevelop analytical skills to make meaningful contributions to, and comments on, the illuminated subjects andDemonstrate a critical approach to the case-law issuing from supranational courts and toward the arguments proffered by the parties to such proceedingsCultivate a comparative perspective on the Europeanisation process and undertake specific case-studies illustrating the theoretical framework

The course is divided in five parts:ComplianceCompliance and Investment FundsMoney Laundering and special investigative TechniquesAdministrative Enforcement against Money LaunderingEuropean Enforcement against Money Laundering The first part of the course (Compliance) focuses on corporate compliance and internal corporate investigations, which are crucial for corporate entities as the use of substantial monetary sanctions for corporate wrongdoing increases. Thereafter, asset recovery is taken into account in a broad sense, including financial investigations, asset freezing, and asset recovery, which techniques can be highly effective in the recovery of assets linked to criminal offences or other irregularities that result in financial loss. This part considers, among other things, such techniques in addressing such irregularities related to the EU’s budget. Another part is dedicated to compliance and investment funds. A relevant part of the course is focused on money laundering and special investigative techniques. The course starts with the analysis of the Luxembourg rules and enforcement system of AML, including the role of the CSSF, CRF and the link with criminal investigations. The latest European, international and national legislative initiatives in the fight against money laundering and terrorist financing are analyzed. An overview of preventive and repressive measures in this area is provided. An important part is about to the latest typologies, trends and indicators that can be applied by professionals in the fight against money laundering and terrorist financing.

• Course title: Research methodology
• Number of ECTS: 0
• Course code: MADE4-EEFCL-7
• Module(s): European economic and financial criminal law – substantive and procedural aspects
• Language: FR
• Mandatory: No

• Course title: White-collar crimes and enforcement
• Number of ECTS: 5
• Course code: MADE4-33
• Module(s): European economic and financial criminal law – substantive and procedural aspects
• Language: FR, EN
• Mandatory: Yes

On completion of the course unit successful students will be able to (using action verbs):

Explain the CJEU’s procedure and jurisdiction in criminal matters

Recognise the meaning and evolution of relevant ECHR and CFR provisions

Critically analyse and interpret national laws in light of the ECtHR’s and CJEU’s relevant caselaw

Identify the latest developments and trends with respect thereto

Develop analytical skills to make meaningful contributions to, and comments on, the illuminated subjects and

Demonstrate a critical approach to the case-law issuing from supranational courts and toward the arguments proffered by the parties to such proceedings

Use the appropriate English legal terminology in the relevant subject matter

Administrative and criminal Sanctions against Market Abuse and Insider Trading:The course considers economic and financial criminal law from a substantive and a procedural point of view. More precisely, it focuses first on corporate criminal liability in the EU and the USA, and on corporate compliance and internal corporate investigations, to clarify the principles underlying criminal liability of legal persons (i.e., corporate entities) and the general differences between civil and common law countries in regard thereto. This part explores the main features of, and issues facing, criminal proceedings against corporate entities, with a particular emphasis on EU policies and competence in the field. Its focus then shifts to corporate compliance and internal corporate investigations, which are crucial for corporate entities as the use of substantial monetary sanctions for corporate wrongdoing increases. Thereafter, asset recovery is taken into account in a broad sense, including financial investigations, asset freezing, and asset recovery, which techniques can be highly effective in the recovery of assets linked to criminal offences or other irregularities that result in financial loss. This part considers, among other things, such techniques in addressing such irregularities related to the EU’s budget. Forensic Investigations and Corporate Intelligence Techniques:The course also addresses the international cooperation in the fight against corruption, exploring the experience of the OECD Anti-Bribery Convention and the activity of the OECD Working Group on Bribery over the last thirty years. Fraude fiscale et implications internationales:The last part of the course centres in the sanctioning of legal persons. In a first step, the characterising features of legal persons and corporate crime will be analysed as they are likely to matter at the sentencing stage. Next, different punishment goals and sanctions for legal persons will be discussed, both in theory and in light of recent cases. Then, a number of relevant legal instruments of the EU and the Council of Europe will be examined, before reflecting on an adequate, principled approach to corporate sanctioning.

• Course title: Master thesis
• Number of ECTS: 10
• Course code: MADE4-30
• Module(s): Master Thesis
• Language: FR
• Mandatory: No