Syllabus del corso
Obiettivi formativi
(i) fornire le conoscenze teoriche avanzate necessarie per padroneggiare un ulteriore settore del diritto dell'Unione;
(ii) osservare da vicino la Procura europea, godendo anche della sua dimensione operativa dinamica e sentendola raccontare da alcuni dei suoi procuratori; e
(iii) farvi avvicinare alla nuova Procura europea anche in qualità di futuri professionisti, offrendovi l'opportunità unica di arricchirvi di preziose conoscenze e competenze, anche operative.
Contenuti sintetici
Lo studio dell'EPPO è fondamentale per comprendere l'evoluzione del diritto dell'Unione europea.
Programma esteso
Topic 1 - THE ROAD TO EPPO
1st event | Opening Conference
1st March 2022 | 10:30-12:30 | aula seminari 2117
Launch of the activities of the EPPO, and the contribution of the Italian Financial Police (Guardia di Finanza)
Participants: Costanza Honorati; Benedetta Ubertazzi; Stefano Castellani; Sergio Spadaro; Pietro Suchan; Giuseppe D’Urso; Gaetano Ruta; Giordano E. Baggio.
2nd event | 1st lecture
2nd March 2022 | 10:30-12:30 | aula seminari 2117
Why we did (do) need an EU prosecutor
Participants: Benedetta Ubertazzi; Giordana Aquilea/Alessandro Marciano.
3rd event | 2nd lecture
7th March 2022 | 10:30-12:30 | aula seminari 2135
How enhanced cooperation on the EPPO began, and paid off
Participants: Benedetta Ubertazzi; Enrico Traversa; Alejandro Hernández López.
Topic 2 - THE EPPO
4th event | 3rd lecture
8th March 2022 | 10:30-12:30 | aula seminari 2117
The EPPO’s structure and characteristics
Participants: Benedetta Ubertazzi; Alejandro Hernández López; Giordana Aquilea/Alessandro Marciano.
5th event | 4th lecture
9th March 2022 | 10:30-12:30 | aula seminari 2117
The EPPO’s role and mandate
Participants: Benedetta Ubertazzi; Oliviero Mazza.
6th event | Special Lecture
14th March 2022 | 14:30-16:30 | aula seminari 2135
The EPPO functioning: a practical overview
Mr. CECCARELLI will hold a special lecture where he will give an overview of the functioning of the EPPO: an opportunity to ask questions directly to the current Italian European Prosecutor.
Participants: Benedetta Ubertazzi; Danilo Ceccarelli.
Topic 3 - THE EPPO AND NATIONAL AUTHORITIES: CHALLENGES AND OPPORTUNITIES
7th event | 1st workshop
15th March 2022 | 10:30-12:30 | aula seminari 2117
The interplay between the EPPO and authorities of participating Member States
Challenges for the EPPO’s mandate stem from the relationship between the Office and national prosecutors and enforcement forces in participating Member States.
Participants: Benedetta Ubertazzi; Enrico Traversa; Antonio Tarasco.
8th event | 5th lecture
16th March 2022 | 10:30-12:30 | aula seminari 2117
The EPPO working arrangements with authorities of participating Member States: notably, the Italian National Anti-Mafia and Counter Terrorism Directorate (DNAA), and Excise, Customs and Monopolies Agency (ADM)
Participants: Benedetta Ubertazzi; Federico Casiero De Raho (DNAA) (tbc); Petito Michele (ADM – Ufficio rapporti con l’EPPO).
9th event | 6th lecture
21st March 2022 | 10:30-12:30 | aula seminari 2135
The EPPO and the authorities of non-participating Member States and third states
Additional challenges for the EPPO’s mandate stem from the relationship between the Office and non-participating Member States, on the one hand, and justice institutions in third countries, on the other. This fragmentation will tend to make the EPPO’s tasks more complex and more difficult to fulfil for cross-border cases that involve suspects from these countries.
Participants: Benedetta Ubertazzi; Florin Razvan Radu (EPPO – Head of the Legal Services).
Topic 4 - THE EPPO PROGRAMMING 2021–23: HIGHLIGHTS
10th event | 7th lecture
22nd March 2022 | 10:30-12:30 | aula seminari 2117
The EPPO and the European Commission’s Anti-Fraud Strategy 2019
The start of the operations of the EPPO should be an important step forward in bringing new impetus to the overall anti-fraud architecture of the Union. The EPPO will endeavour to be actively involved in the main strategic EU initiatives in this area, notably the revised 2019 Commission’s Anti-Fraud Strategy (CAFS).
Participants: Benedetta Ubertazzi.
11th event | 8th lecture
23rd March 2022 | 10:30-12:30 | aula seminari 2117
The EPPO and the Digitalisation of criminal justice
The operationalisation of the EPPO will equally build on broader EU-level efforts towards the digitalisation of justice, and criminal justice in particular. In December 2020, the European Commission adopted a package of initiatives to modernise the EU justice systems, including the Communication on the Digitalisation of Justice in the EU. The Covid-19 pandemic has given an extra impetus to digitalisation efforts.
Participants: Benedetta Ubertazzi; Giulio Tagliabue.
12th event | 2nd workshop
28th March 2022 | 10:30-12:30 | aula seminari 2135
The EPPO in the global anti-fraud architecture
In the international arena, the EPPO will seek to support and develop synergies with various networks of practitioners relevant to its activities, including the Financial Action Task Force (FATF) and the Camden Asset Recovery Inter-Agency Network (CARIN). The EPPO will also pursue closer cooperation with INTERPOL and its Global Focal Point Network on Asset Recovery, as well as with other global initiatives to trace, seize, and return stolen public funds to the country of origin. In the anticorruption field, the EPPO will benefit from the experience of relevant multi-lateral organisations all over the world, within the framework of the UN Convention against Corruption (UNCAC).
Participants: Benedetta Ubertazzi; Petr Klement.
Topic 5 - THE EPPO, JUDICIAL COOPERATION, AND INTERNAL AND EXTERNAL SECURITY
13th event | 9th lecture
29th March 2022 | 10:30-12:30 | aula seminari 2117
The EPPO and judicial cooperation
The EU’s judicial cooperation unit (Eurojust) supports combating serious organised crime affecting more than 1 EU country.
The European Judicial Network (EJN) promotes judicial cooperation in criminal matters between EU countries.
Together with the EPPO, Eurojust and the EJN are the networks and bodies supporting judicial cooperation.
Participants: Benedetta Ubertazzi; Pietro Suchan.
14th event | 10th lecture
30th March 2022 | 14:30-16:30 | aula seminari 2117
The EPPO cooperation with Europol, OLAF and Eurojust
The European Anti-Fraud Office (OLAF) investigates fraud against the EU budget, corruption and serious misconduct within the European institutions, and develops anti-fraud policy for the European Commission.
Europol supports the EU Member States in their fight against terrorism, cybercrime and other serious and organised forms of crime.
To achieve its objectives, the EPPO will need to establish effective cooperation with its key partners. At the EU level, close cooperation with Europol, OLAF and Eurojust in particular remains essential for ensuring that the scope of investigations into offences affecting the Union’s budget is comprehensive, and that the new institutional design for the fight against fraud is fully effective.
Participants: Benedetta Ubertazzi; Pietro Suchan (tbc).
15th event | 11th lecture
4th April 2022 | 10:30-12:30 | aula seminari 2135
The EPPO between EU internal and external security
Participants: Benedetta Ubertazzi; Antonio Tanca.
Topic 6 - THE EPPO AND OTHER BODIES JOINING FORCES
16th event | 12th lecture
5th April 2022 | 10:30-12:30 | aula seminari 2117
The EPPO Working Agreement with the European Commission
The EPPO has signed on 18 June 2021 an agreement with the European Commission. It establishes the modalities of cooperation between the European Public Prosecutor’s Office and the European Commission for the purpose of protecting the financial interests of the EU.
Participants: Benedetta Ubertazzi; Federica Iorio.
17th event | 13th lecture
6th April 2022 | 10:30-12:30 | aula seminari 2117
The EPPO working arrangements with the European Court of Auditors (ECA) and the Italian General Prosecutor’s Office of the Court of Auditors (“Procura Generale presso la Corte dei conti”)
The EPPO signed a working arrangement on 3 September 2021 with the ECA. The EPPO and the ECA share a common interest in maximising efficiency in the fight against fraud, corruption and any other criminal damage to the EU’s financial interests, and in avoiding the duplication of effort wherever possible. This arrangement outlines the conditions for the close cooperation by which this can occur, in full respect of the respective mandates of the EPPO and the Court.
The EPPO signed a working arrangement on 13 September 2021 with the Italian General Prosecutor’s Office of the Court of Auditors aiming to provide a structured framework for cooperation and to establish and maintain a cooperative relationship between them.
Participants: Benedetta Ubertazzi; Angelo Canale (Italian General Prosecutor of the Court of Auditors) ed Arturo Iadecola (Italian General Vice-Prosecutor of the Court of Auditors).
18th event | 14th lecture
11th April 2022 | 10:30-12:30 | aula seminari 2135
The EPPO and banking supervisory authorities
In the European arena, the EPPO will have to develop links with banking supervisory authorities, which have a long-standing tradition of cooperation with judicial authorities. In the EU supervisory banking authorities play an important role to provide information and where appropriate technical expertise to national prosecutors. Such role is supported by various provisions in the banking and anti-money laundering EU and national legislative framework. In this context, Banca d’Italia has a long-standing tradition for cooperation with judicial authorities. The presentation will illustrate the grounds for cooperation between supervisory authorities and criminal prosecutors and how such cooperation developed supported by the European legislative framework. It is expected that EPPO will have to establish similar links with supervisory authorities.
Participants: Benedetta Ubertazzi; Fabio Recine (tbc).
Topic 7 - THE EPPO PROTECTING EUROPEAN TAXPAYERS’ MONEY FROM CRIMINALS
19th event | 15th lecture
12th April 2022 | 10:30-12:30 | aula seminari 2117
Main EPPO cases and convictions
The EPPO fighting cross-border VAT frauds (dott. Gaetano Ruta).
Case studies to be chosen among the most interesting ones (also from the didactic point of view).
Participants: Benedetta Ubertazzi; Gaetano Ruta; Giacomo Bermone.
20th event | 16th lecture
13th April 2022 | 10:30-12:30 | aula seminari 2117
Main EPPO cases
Case studies to be chosen among the most interesting ones (also from the didactic point of view) participated by the Italian Financial Police (Guardia di Finanza).
Participants: Benedetta Ubertazzi; Giuseppe D’Urso.
21st event | Closing Roundtable
20th April 2022 | 10:30-12:30 | aula seminari 2117
The first year of EPPO
Participants: Benedetta Ubertazzi; Pietro Suchan; a legal expert of ECA; Petr Klement; Oliviero Mazza; Francisco Fonseca Morillo; Begoña Vidal Fernándes; Frédéric Baab (tbc); José Eduardo Guerra (tbc); Tamara Laptos (tbc); Ingrid Maschl-Clausen (tbc); Maria Concepción Sabadell Carnicero (tbc); Gabriel Seixas (tbc); Kristel Siitam-Nyiri (tbc); Yves Van Den Berge (tbc); Dimitrios Zimianitis (tbc); Fabio Recine (tbc).Prerequisiti
Non ci sono prerequisiti.
Metodi didattici
Le lezioni si svolgeranno prevalentemente in forma seminariale, anche con la partecipazione di ospiti esterni. È inoltre possibile partecipare a workshop interattivi e sperimentare la stesura di testi giuridici. L'obiettivo è incoraggiare la partecipazione attiva degli studenti.
Modalità di verifica dell'apprendimento
Esame orale.
Agli studenti frequentanti sarà chiesto di consegnare una relazione scritta su uno a scelta tra gli argomenti del corso.
Testi di riferimento
Durante il corso, verranno forniti materiali durante le lezioni e sul portale e-learning.
Learning objectives
The main objectives of
this course are:
(i) provide you with
the advanced theoretical knowledge necessary to master a further area of Union
law;
(ii) closely observe
the European Public Prosecutor’s Office, also savoring its dynamic operational
dimension and hearing it told by some of its prosecutors; and
(iii) bring you closer
to the new European Public Prosecutor’s Office also as future professionals,
offering you the unique opportunity to enrich yourself with valuable knowledge
and skills, including operational ones.
Contents
Detailed program
Topic 1 - THE ROAD TO EPPO
1st event | Opening Conference
1st March 2022 | 10:30-12:30 | aula seminari 2117
Launch of the activities of the EPPO, and the contribution of the Italian Financial Police (Guardia di Finanza)
Participants: Costanza Honorati; Benedetta Ubertazzi; Stefano Castellani; Sergio Spadaro; Pietro Suchan; Giuseppe D’Urso; Gaetano Ruta; Giordano E. Baggio.
2nd event | 1st lecture
2nd March 2022 | 10:30-12:30 | aula seminari 2117
Why we did (do) need an EU prosecutor
Participants: Benedetta Ubertazzi; Giordana Aquilea/Alessandro Marciano.
3rd event | 2nd lecture
7th March 2022 | 10:30-12:30 | aula seminari 2135
How enhanced cooperation on the EPPO began, and paid off
Participants: Benedetta Ubertazzi; Enrico Traversa; Alejandro Hernández López.
Topic 2 - THE EPPO
4th event | 3rd lecture
8th March 2022 | 10:30-12:30 | aula seminari 2117
The EPPO’s structure and characteristics
Participants: Benedetta Ubertazzi; Alejandro Hernández López; Giordana Aquilea/Alessandro Marciano.
5th event | 4th lecture
9th March 2022 | 10:30-12:30 | aula seminari 2117
The EPPO’s role and mandate
Participants: Benedetta Ubertazzi; Oliviero Mazza.
6th event | Special Lecture
14th March 2022 | 14:30-16:30 | aula seminari 2135
The EPPO functioning: a practical overview
Mr. CECCARELLI will hold a special lecture where he will give an overview of the functioning of the EPPO: an opportunity to ask questions directly to the current Italian European Prosecutor.
Participants: Benedetta Ubertazzi; Danilo Ceccarelli.
Topic 3 - THE EPPO AND NATIONAL AUTHORITIES: CHALLENGES AND OPPORTUNITIES
7th event | 1st workshop
15th March 2022 | 10:30-12:30 | aula seminari 2117
The interplay between the EPPO and authorities of participating Member States
Challenges for the EPPO’s mandate stem from the relationship between the Office and national prosecutors and enforcement forces in participating Member States.
Participants: Benedetta Ubertazzi; Enrico Traversa; Antonio Tarasco.
8th event | 5th lecture
16th March 2022 | 10:30-12:30 | aula seminari 2117
The EPPO working arrangements with authorities of participating Member States: notably, the Italian National Anti-Mafia and Counter Terrorism Directorate (DNAA), and Excise, Customs and Monopolies Agency (ADM)
Participants: Benedetta Ubertazzi; Federico Casiero De Raho (DNAA) (tbc); Petito Michele (ADM – Ufficio rapporti con l’EPPO).
9th event | 6th lecture
21st March 2022 | 10:30-12:30 | aula seminari 2135
The EPPO and the authorities of non-participating Member States and third states
Additional challenges for the EPPO’s mandate stem from the relationship between the Office and non-participating Member States, on the one hand, and justice institutions in third countries, on the other. This fragmentation will tend to make the EPPO’s tasks more complex and more difficult to fulfil for cross-border cases that involve suspects from these countries.
Participants: Benedetta Ubertazzi; Florin Razvan Radu (EPPO – Head of the Legal Services).
Topic 4 - THE EPPO PROGRAMMING 2021–23: HIGHLIGHTS
10th event | 7th lecture
22nd March 2022 | 10:30-12:30 | aula seminari 2117
The EPPO and the European Commission’s Anti-Fraud Strategy 2019
The start of the operations of the EPPO should be an important step forward in bringing new impetus to the overall anti-fraud architecture of the Union. The EPPO will endeavour to be actively involved in the main strategic EU initiatives in this area, notably the revised 2019 Commission’s Anti-Fraud Strategy (CAFS).
Participants: Benedetta Ubertazzi.
11th event | 8th lecture
23rd March 2022 | 10:30-12:30 | aula seminari 2117
The EPPO and the Digitalisation of criminal justice
The operationalisation of the EPPO will equally build on broader EU-level efforts towards the digitalisation of justice, and criminal justice in particular. In December 2020, the European Commission adopted a package of initiatives to modernise the EU justice systems, including the Communication on the Digitalisation of Justice in the EU. The Covid-19 pandemic has given an extra impetus to digitalisation efforts.
Participants: Benedetta Ubertazzi; Giulio Tagliabue.
12th event | 2nd workshop
28th March 2022 | 10:30-12:30 | aula seminari 2135
The EPPO in the global anti-fraud architecture
In the international arena, the EPPO will seek to support and develop synergies with various networks of practitioners relevant to its activities, including the Financial Action Task Force (FATF) and the Camden Asset Recovery Inter-Agency Network (CARIN). The EPPO will also pursue closer cooperation with INTERPOL and its Global Focal Point Network on Asset Recovery, as well as with other global initiatives to trace, seize, and return stolen public funds to the country of origin. In the anticorruption field, the EPPO will benefit from the experience of relevant multi-lateral organisations all over the world, within the framework of the UN Convention against Corruption (UNCAC).
Participants: Benedetta Ubertazzi; Petr Klement.
Topic 5 - THE EPPO, JUDICIAL COOPERATION, AND INTERNAL AND EXTERNAL SECURITY
13th event | 9th lecture
29th March 2022 | 10:30-12:30 | aula seminari 2117
The EPPO and judicial cooperation
The EU’s judicial cooperation unit (Eurojust) supports combating serious organised crime affecting more than 1 EU country.
The European Judicial Network (EJN) promotes judicial cooperation in criminal matters between EU countries.
Together with the EPPO, Eurojust and the EJN are the networks and bodies supporting judicial cooperation.
Participants: Benedetta Ubertazzi; Pietro Suchan.
14th event | 10th lecture
30th March 2022 | 14:30-16:30 | aula seminari 2117
The EPPO cooperation with Europol, OLAF and Eurojust
The European Anti-Fraud Office (OLAF) investigates fraud against the EU budget, corruption and serious misconduct within the European institutions, and develops anti-fraud policy for the European Commission.
Europol supports the EU Member States in their fight against terrorism, cybercrime and other serious and organised forms of crime.
To achieve its objectives, the EPPO will need to establish effective cooperation with its key partners. At the EU level, close cooperation with Europol, OLAF and Eurojust in particular remains essential for ensuring that the scope of investigations into offences affecting the Union’s budget is comprehensive, and that the new institutional design for the fight against fraud is fully effective.
Participants: Benedetta Ubertazzi; Pietro Suchan (tbc).
15th event | 11th lecture
4th April 2022 | 10:30-12:30 | aula seminari 2135
The EPPO between EU internal and external security
Participants: Benedetta Ubertazzi; Antonio Tanca.
Topic 6 - THE EPPO AND OTHER BODIES JOINING FORCES
16th event | 12th lecture
5th April 2022 | 10:30-12:30 | aula seminari 2117
The EPPO Working Agreement with the European Commission
The EPPO has signed on 18 June 2021 an agreement with the European Commission. It establishes the modalities of cooperation between the European Public Prosecutor’s Office and the European Commission for the purpose of protecting the financial interests of the EU.
Participants: Benedetta Ubertazzi; Federica Iorio.
17th event | 13th lecture
6th April 2022 | 10:30-12:30 | aula seminari 2117
The EPPO working arrangements with the European Court of Auditors (ECA) and the Italian General Prosecutor’s Office of the Court of Auditors (“Procura Generale presso la Corte dei conti”)
The EPPO signed a working arrangement on 3 September 2021 with the ECA. The EPPO and the ECA share a common interest in maximising efficiency in the fight against fraud, corruption and any other criminal damage to the EU’s financial interests, and in avoiding the duplication of effort wherever possible. This arrangement outlines the conditions for the close cooperation by which this can occur, in full respect of the respective mandates of the EPPO and the Court.
The EPPO signed a working arrangement on 13 September 2021 with the Italian General Prosecutor’s Office of the Court of Auditors aiming to provide a structured framework for cooperation and to establish and maintain a cooperative relationship between them.
Participants: Benedetta Ubertazzi; Angelo Canale (Italian General Prosecutor of the Court of Auditors) ed Arturo Iadecola (Italian General Vice-Prosecutor of the Court of Auditors).
18th event | 14th lecture
11th April 2022 | 10:30-12:30 | aula seminari 2135
The EPPO and banking supervisory authorities
In the European arena, the EPPO will have to develop links with banking supervisory authorities, which have a long-standing tradition of cooperation with judicial authorities. In the EU supervisory banking authorities play an important role to provide information and where appropriate technical expertise to national prosecutors. Such role is supported by various provisions in the banking and anti-money laundering EU and national legislative framework. In this context, Banca d’Italia has a long-standing tradition for cooperation with judicial authorities. The presentation will illustrate the grounds for cooperation between supervisory authorities and criminal prosecutors and how such cooperation developed supported by the European legislative framework. It is expected that EPPO will have to establish similar links with supervisory authorities.
Participants: Benedetta Ubertazzi; Fabio Recine (tbc).
Topic 7 - THE EPPO PROTECTING EUROPEAN TAXPAYERS’ MONEY FROM CRIMINALS
19th event | 15th lecture
12th April 2022 | 10:30-12:30 | aula seminari 2117
Main EPPO cases and convictions
The EPPO fighting cross-border VAT frauds (dott. Gaetano Ruta).
Case studies to be chosen among the most interesting ones (also from the didactic point of view).
Participants: Benedetta Ubertazzi; Gaetano Ruta; Giacomo Bermone.
20th event | 16th lecture
13th April 2022 | 10:30-12:30 | aula seminari 2117
Main EPPO cases
Case studies to be chosen among the most interesting ones (also from the didactic point of view) participated by the Italian Financial Police (Guardia di Finanza).
Participants: Benedetta Ubertazzi; Giuseppe D’Urso.
21st event | Closing Roundtable
20th April 2022 | 10:30-12:30 | aula seminari 2117
The first year of EPPO
Participants: Benedetta Ubertazzi; Pietro Suchan; a legal expert of ECA; Petr Klement; Oliviero Mazza; Francisco Fonseca Morillo; Begoña Vidal Fernándes; Frédéric Baab (tbc); José Eduardo Guerra (tbc); Tamara Laptos (tbc); Ingrid Maschl-Clausen (tbc); Maria Concepción Sabadell Carnicero (tbc); Gabriel Seixas (tbc); Kristel Siitam-Nyiri (tbc); Yves Van Den Berge (tbc); Dimitrios Zimianitis (tbc); Fabio Recine (tbc).Prerequisites
There are no prerequisites.
Teaching methods
The lessons will be held mostly in seminar form, also with the participation of external guests. You can also take part in interactive workshops and experiment in the drafting of legal texts. The aim is to encourage the active participation of students.
Assessment methods
Oral exam.
Attending students will be asked to write a final essay on one of the topics covered during the course.
Textbooks and Reading Materials
During the course, materials will be provided during classes and on the e-learning portal.
Scheda del corso
Staff
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Benedetta Carla Angela Maria Ubertazzi