OVERVIEW

The law of the European Union permeates the legal systems of the Member States in every field of intervention of the national legislator. The fundamental relevance of EU rules is self-evident with reference to private international law. The course offers an in-depth study of the Regulations that standardize the rules regarding the identification of the competent judge and the regulatory law for cross-border disputes in civil, commercial and family law matters.

AIMS AND CONTENT

LEARNING OUTCOMES

European and domestic complaint rules aimed at creating an intergrated and tendentially complete system of protection as regards the respect of EU law, also under the point of view of the protection of individual interests deriving from EU law. The process of uniformation of conflict of laws rules and rules of international civil procedure within the Member States. Evolutionary European case law concerning fundamental freedoms to elaborate common solutions.

AIMS AND LEARNING OUTCOMES

The course is divided in two parts, the first part is intended to provide the student with an in-depth analysis of the uniform rules adopted by the European legislator on international civil procedure, in particular through the study of EU regulation n. 1215/2012 (concerning jurisdiction , recognition and enforcement of judgments in civil and commercial matters); regulation n. 2201/2003 (on jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility); regulation n. 805/2004 (establishing the European Enforcement Order for the uncontested claims) as well as the regulations establishing uniform procedures for particular categories of disputes (small amount and order for payment).

The second part focuses on the study of the European Regulations that dictate uniform conflicts of law rules for contractual and extra-contractual obligations and for the dissolution of the marriage. Moreover, in this module the most recent interventions by the European legislator on private international law will be examined, with particular attention to the new legislative proposals and the regulations that have recently entered into force.

The aim of the course is therefore to provide the participants with the tools necessary to examine a complex situation characterized by elements of internationality, allowing them to identify which legal system presents the sufficient link to regulate and judge the dispute.

Regarding learning outcomes, at the end of the course students will be able to:

- IDENTIFY the elements that make it possible to qualify a dispute as characterized by internationality and distinguish it from purely internal disputes

- ANALYZE the jurisdiction rules and conflict of laws rules relevant to the case, both internal and European

- UNDERSTAND and ANALYZE the coordination of national, European and international sources in the sector concerned

- RESOLVE any conflicts of jurisdiction and law

- TALK with an appropriate legal language

- READ AND CRITICALLY EVALUATE articles of doctrine and normative texts on the subject of private international law in the broadest sense

PREREQUISITES

The basic notions of private international law, which fall under the teaching of International Law of the 3rd year, as well as of the law of the European Union, also foreseen as a fundamental course of the third year, are essential for the full understanding of the subject matter

TEACHING METHODS

The course takes place mainly through frontal lectures given by the lecturer. Guest speakers can be invited as experts in the subject matter. Furthermore, the active participation of students in the examination of relevant case-law is required.

SYLLABUS/CONTENT

The course, divided in two parts, represents an in-depth study of the programme of the courses of European Union Law I and International Law. In particular, the subject matters of the course are the following:

Part 1: European Union Law and Private and Procedural International Law; coordination of jurisdiction in cross-border disputes, with particular reference to the European context; recognition and enforcement of foreign decisions in Italy; Regulation n. 1215/2012 (Brussels Ia); Regulation n. 2201/2003 (Brussels IIa).

Part 2: European Union Law and Private International Law. This part is dedicated to the analysis of the incidence, on private international law, of ruels and principles of EU law, in the light of the most recent legislative innovations and decisions of the European Court of Justice. In particular: Regulation n. 593/2008 on contractual obligations (Rome I); Regulation n. 864/2007 on non-contractual obbligations (Rome II) ; Regulation n. 1259/2010 on separation, divorce and marriage annulment (Rome III); Regulation n. 4/2009 on maintenance; Regulation n. 650/2012 on successions.

RECOMMENDED READING/BIBLIOGRAPHY

Materials for students attending classes

Decisions and legislative texts of particular relevance and utility for the comprehension of the subjects covered will be published in Aulaweb.

For the part 1:

S. Carbone, C. Tuo, Il nuovo spazio giudiziario europeo in materia civile e commerciale. Il regolamento Ue n. 1215/2012, Giappichelli, Torino, 2016, only concerning the parts that had been covered during the lessons.

F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. II - Statuto personale e diritti reali, 4a ed., UTET, Milano, 2016, only Chapter V, sections I and III, and Chapter VI, paragraphs 1,2, 10 and 11.

For the part 2:

F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. I - Parte generale e obbligazioni, 8ª ed., UTET, Milano, 2017, only Chapter VI and VII

F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. II - Statuto personale e diritti reali, 4a ed., UTET, Milano, 2016, in particular Chapter V, section II. Other part will be indicated during lectures.  

Materials for students not attending classes

S. Carbone, C. Tuo, Il nuovo spazio giudiziario europeo in materia civile e commerciale. Il regolamento Ue n. 1215/2012, Giappichelli, Torino, 2016 only Capo I, par. 1 (from 1 to 5) - 2 (from 1 to 3) - 3 - 4 (from 1 to 4); Capo II; Capo III, par. 10 (from 1 to 3), capo IV, par. 11-11.1-11.2-12 (from 1 to 4); capo VI;

F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. I - Parte generale e obbligazioni, 8ª ed., UTET, Milano, 2017, only Chapters VI and VII

F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. II - Statuto personale e diritti reali, 4a ed., UTET, Milano, 2016, only Chapters V, VI (par. 1, 2, 10, 11), VIII, IX.

TEACHERS AND EXAM BOARD

Exam Board

ILARIA QUEIROLO (President)

LAURA CARPANETO

MATTEO DANIELE

MARIA ELENA DE MAESTRI

STEFANO DOMINELLI

PAOLA IVALDI

FRANCESCA MAOLI

FRANCESCO PESCE

PIETRO SANNA

LESSONS

LESSONS START

I semestre dal 17 settembre al 7 dicembre 2018
II semestre dal 25 febbraio al 17 maggio 2019

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

Oral examination. Student attending 2/3 of classes will have the possibility to take two written tests at the end of each of the two modules.

Exam schedule