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 PIL. The course offers an in-depth study of the Regulations that standardize the rules regarding the identification of i) the competent judge and ii) the applicable law and recogition and enforcement of judgements 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 moduls, deepens the subject first developed in the classes of European Union law and International law. In particular, topics of the course are:

Part 1: EU law and international civil procedure
The first part of the course, focused on European rules in civil matters, covers the study of uniform rules that in this field identify: (i) coordination of jurisdictional activities in cross-border matters; (ii) preconditions and rules for the recogniction and enforcement in Italy of foreign decisions. Particular attention will be devoted to Regulation 1215/2012 (Brussels I bis); Regulation 2201/2003 (Brussels II bis), now under recast (doc. COM(2016) 411 final), and Regulation 848/2015 (Insolvency Regulation).

Part 2: European conflict of laws rules
The second part of the course is devoted to: (i) the study of uniform conflict of laws rules adopted by the European Union; (ii) the study of the effects on such rules of the principles and provisions of EU law in light of the most recent case law of the CJEU. In particualr, the attention will focus on regulations concerning the law applicable to contractual and non-contractual obligations (Regulation 593/2008 - Roma II, n. 864/2007 - Roma II), on maitenance (Regulation 4/2009), legal separation and divorce (Regulation 1259/2010 - Roma III), on patrimonial realtionships between spuses and registered partners (Regulations 2016/1103 and 2016/1104) and successions mortis causa (Regulation 650/2012 - Roma IV). 

RECOMMENDED READING/BIBLIOGRAPHY

Materials for students attending classes
Materials (scholarly articles, regulations, case law) will be identified during classes and/or made available on aulaweb. In any case, suggested books are:

Part I: S. Carbone, C. Tuo, Il nuovo spazio giudiziario europeo in materia civile e commerciale. Il regolamento Ue n. 1215/2012, Giappichelli, Torino, 2016, only for topics addressed during lectures

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

Part 2:

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

F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. II - Statuto personale e diritti reali, 4a ed., UTET, Milano, 2016, spec. Chapter Fifth, Section II. Any other topic will be outlined during classes.

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 and VI, par. 1, 2, 10, 11; VIII and IX.

TEACHERS AND EXAM BOARD

Exam Board

MARIA ELENA DE MAESTRI (President)

STEFANO DOMINELLI

FRANCESCO PESCE

LESSONS

LESSONS START

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

Class schedule

EUROPEAN UNION LAW II

EXAMS

EXAM DESCRIPTION

The exam is carried out in oral form. Students who attend at least 2/3 of the lessons are also given the opportunity to take the exam through two written tests, the first at the end of part 1 and the second at the end of part 2.

ASSESSMENT METHODS

The oral examination, as well as the participation in the written tests, will allow students to understand and use the technical-legal language of private international law (in a broader sense) as well as to identify the relevant elements for the solution of the conflicts of laws and jurisdiction inherent to cross-border disputes. The exam aims at verifying the acquisition of the private international law concepts used and approached by European Union instruments, the logic underlying the choices of the European legislator and the student's reasoning skills in dealing with complex legal situations

Exam schedule