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 court and the law applicable to cross-border disputes in civil, commercial and family law matters.

AIMS AND CONTENT

LEARNING OUTCOMES

At the end of the classes, students will acquire the methodological tools and advanced skills of private international law and EU procedural law, they will be able to understand and analyse critically and independently current legal issues of transnational private relations, as well as to develop possible solutions to open questions.

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 - and proposed recast); 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 laws rules for contractual and non-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.

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 scholarly writings and normative texts on the subject of private international law in the broadest sense

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.

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

Classes will be delivered online - TEAMS code tdzu3lg

The course takes place mainly through frontal lectures given by the lecturer. 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 modules, 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), under recast, and Regulation 2015/848 on insolvency proceedings.

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 maintenance (Regulation 4/2009), legal separation and divorce (Regulation 1259/2010 - Roma III), on patrimonial relationships between spouses 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, limitatamente agli argomenti trattati a lezione

F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. II - Statuto personale e diritti reali, UTET, Milano, 2019, pp. 145-198; pp. 215-220; pp. 237-251; pp. 297; 321.

Part 2

F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. I - Parte generale e obbligazioni, UTET, Milano, 2020, pp. 413-464; pp. 468-515.

F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. II - Statuto personale e diritti reali, UTET, Milano, 2019 (v. nelle indicazioni per la parte I i paragrafi che trattano della legge applicabile).

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 limitatamente a Capo I, par. 1 (da 1 a 5)-2 (da 1 a 3)-3-4 (da 1 a 4); Capo II; Capo III, par. 10 (da 1 a 3), capo IV, par. 11-11.1-11.2-12 (da 1 a 4); capo VI;

F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. I - Parte generale e obbligazioni, UTET, Milano, 2020, pp. 413-464; pp. 476-515;

F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. II - Statuto personale e diritti reali, UTET, Milano, 2019, pp. 145-214; pp. 215-251; pp. 281-294; 301-320.

TEACHERS AND EXAM BOARD

Exam Board

ILARIA QUEIROLO (President)

PAOLA IVALDI

LAURA CARPANETO (Substitute)

MARIA ELENA DE MAESTRI (Substitute)

STEFANO DOMINELLI (Substitute)

FRANCESCA MAOLI (Substitute)

FRANCESCO PESCE (Substitute)

PIETRO SANNA (Substitute)

MATTEO SOMMELLA (Substitute)

LESSONS

LESSONS START

I semester from September 14th to December 4th 2020
II semester from February 15th to May 7th 2021

Class schedule

EUROPEAN UNION LAW II A

EXAMS

EXAM DESCRIPTION

Teams code online channel: l1buonj

Oral examination. The exam is held in Italian. Student attending 2/3 of classes will have the possibility to take two written tests at the end of each of the two modules.

ASSESSMENT METHODS

Questions will verify theoretical knowledge acquired by students, and their capacity to solve practical matters.

Exam schedule