OVERVIEW

The course intends to provide with an in-depth and hands-on knowledge of the main legislative instruments governing, especially within the EU legal system, international jurisdiction and recognition of judgments in civil and commercial matters. To this end, the course aims at carrying out a critical analysis of said instruments, of the principles underlying them and of their interpretation and application as well as of the questions regarding their coordination with one another.

AIMS AND CONTENT

LEARNING OUTCOMES

In-depth analysis of the EU regulation no. 1215/2012. Recognition of judgments in civil and commercial matters and right to a fair trial within the European judicial area: abolition of exequatur, limits to recognition and powers of control endowed to the courts of the Member State addressed. Private international law rules and the case law of the ECHR, the EUCJ and national courts as regards recognition of status created abroad.

TEACHING METHODS

Lectures and class discussion, on a voluntary basis, of cases decided by the case law of the EU Court of Justice, the European Court of Human Rights and national courts, available on the course's web site.

SYLLABUS/CONTENT

Recognition of judgments in civil and commercial matters and right to a fair trial within the European judicial area: abolition of exequatur, limits to recognition and powers of control endowed to the courts of the addressed Member State. Three main issues shall be dealt with: (i) the new regime of recognition of judgments in civil and commercial matters as brought about by the reg. no. 1215/2012, so called Brussels Ia, which repeals and replaces reg. no. 44/2001, so called Brussels I; (ii) the limits that, notwithstanding the revision carried out by reg. Brussels Ia, still remain as to the circulation of judgments within the EU judicial area and the powers of control that the courts of the Member State addressed are enabled to exercise on foreign judgments in order that said limits are effective; (iii) in particular, the limit represented by the public policy of the Member State addressed, which shall be dealt with focussing, in particular, on (a) its concrete application, having specific regard to the prohibition of re-examining the foreign judgment as to its substance, prohibition which binds the courts of the Member State addressed pursuant to the Brussels Ia regime; (b) the principles which form part of its core content in the light of the case law of the EU Court of justice, of the European Court of Human Rights and of national courts; (c) its capability to carry out the task - typical of public policy - as a last-instance instrument of protection of the constitutional identity of Member States.

Recognition of personal and familial status between the child's best interest, protection of private and family life and protection of cultural identity. Three main issues shall be dealt with: (i) the rules governing recognition of personal and familial status in the light of the most recent evolution of private international law at both the internal and EU levels; (ii) the protection of the child's best interest and the protection of private and familial life in the case law of the EU Court of Justice and of the European Court of Human Rights; (iii) the critical issues associated with the Italian jurisprudence regarding recognition of international adoption of children and, more in general, recognition of familial and personal status created abroad, as well as the solutions capable of reconciling said jurisprudence with the case law of the European Court of Human Rights.

RECOMMENDED READING/BIBLIOGRAPHY

Textbooks and teaching materials suggested to students attending the course.
The teaching materials used during the course shall be downloadable from the website www.aulaweb.unige.it. However, the suggested textbooks are the following.

Part 1: S.M. CARBONE, C.E. TUO, Il nuovo spazio giudiziario europeo in materia civile e commerciale - Il regolamento UE n. 1215/2012, Torino, 2016.

Part 2:  F. MOSCONI, C. CAMPIGLIO, Diritto internazionale privato e processuale. Statuto personale e diritti reali, IV ed., vol. II, Vicenza, 2016, chapter VII; C.E. TUO, Riconoscimento degli effetti delle adozioni straniere e rispetto delle diversità culturali, in Riv. dir. int. priv. proc., 2014, pp. 1-39. The programme (6 CFU) comprehensively consists of about 300 pages.

Textbooks and teaching materials suggested to students not attending the course.
Part 1: S.M. CARBONE, C.E. TUO, Il nuovo spazio giudiziario europeo in materia civile e commerciale - Il regolamento UE n. 1215/2012, Torino, 2016, chapters V e VI; C.E. TUO, La rivalutazione della sentenza straniera nel regolamento Bruxelles I: tra divieti e reciproca fiducia, Padova, 2012, pp. 1-198.

Part 2: F. MOSCONI, C. CAMPIGLIO, Diritto internazionale privato e processuale. Statuto personale e diritti reali, IV ed., vol. II, Vicenza, 2016, chapter VII; C.E. TUO, Riconoscimento degli effetti delle  adozioni straniere e rispetto delle diversità culturali, in Riv. dir. int. priv. proc., 2014, pp. 1-39. The programme (6 CFU) comprehensively consists of about 360 pages.

TEACHERS AND EXAM BOARD

Exam Board

CHIARA ENRICA TUO (President)

LAURA CARPANETO

SIMONE CARREA

PIERANGELO CELLE

CHIARA CELLERINO

MARIA ELENA DE MAESTRI

MARCO FERRUGLIO

PAOLA IVALDI

FRANCESCO MUNARI

FRANCESCO PESCE

ILARIA QUEIROLO

LORENZO SCHIANO DI PEPE

LESSONS

LESSONS START

I semester from September, 18th to December, 7th 2017 (12 weeks)
II semester from February, 26th to May, 18th 2018 (12 weeks)

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The examination is oral. Students attending the course will have the possibility to take the exam at the very end of the course. The oral examination is always carried out by the course teacher together with another regular teacher (or with an at least three years' experienced reasearch fellow) and has a minimum duration of fifteen minutes. As for the exam reserved to the attending students, the course teacher pre-determines the criteria for the final exam, which shall take into account also the difficulty of the topics addressed.