AIMS AND CONTENT

AIMS AND LEARNING OUTCOMES

Module 2, named ‘Private International Law in the EU Area of Freedom, Security and Justice’ (cod. 55596) aims - through case studies and domestic, foreign, international and supranational jurisprudence - to analyse the main PIL regulations adopted in the EU Area of Freedom, Security and Justice (Title V TFEU), with a particular focus on (i) the principle of mutual trust to the test of the free movement of foreign acts and decisions, (ii) the ‘materialization’ of conflict-of-law rules to protect individual and collective interests, (iii) the litigation on corporate accountability (with particular reference to the Directive (EU) no. 2024/1760, of 13 June 2024, on corporate sustainability due diligence).

Individual study, attendance and participation in the proposed training activities will enable students to

• analyse and understand the rules and dynamics governing the coordination of the various sources (domestic, supranational and international) intended to affect issues of private international law;
• identify and understand the rules of international, supranational and domestic law that promote and guarantee access to justice in civil matters, in situations with cross-border implications, both intra- and extra-EU;
• analyse and understand the different techniques that, in the field of Private International Law, concern (i) the identification of the law applicable to private law transactions of a 'cross-border' nature and (ii) the applicability, in the Italian legal system, of legal rules in force in foreign legal systems, as well as of acts or decisions adopted abroad;
• select, connect and apply the main reference techniques and rules in the above-mentioned subjects, also through the analysis of concrete problems occurred in practice and the simulation of cases;
• understand, and critically comment on, the incidence, in the various sectors subject to analysis and reflection, of the internal, supranational and international norms protecting fundamental rights;
• read and critically examine, with independent judgement, scientific articles in the field of private international law;
• analyse, and critically comment on, texts of judgments of International Courts, Courts of Merit, Courts of Law and Constitutional Courts relating to issues of Private International Law, extracting from them the most relevant principles underlying the matter;
• design synergies and group work, developing the capacity for fruitful discussion with colleagues on private international law issues;
• consolidate and strengthen the ability to express oneself in appropriate technical legal language;
• manage social interactions constructively and with a collaborative and respectful attitude towards the environment and interlocutors;
• formulate and present expositions in the classroom, refining and consolidating public speaking skills;
• structure and produce written legal texts, arguing with logical coherence and critical capacity.

SYLLABUS/CONTENT

Module 2, Private International Law in the EU Area of Freedom, Security and Justice, cod. 55596.

Module 2 aims to provide advanced knowledge in the field of private international law (PIL), focusing on the following main topics:

• the principle of mutual trust to the test of the free movement of foreign acts and decisions;
• the 'materialisation' of conflict-of-law rules to protect individual and collective interests;
• the corporate accountability litigation (with particular reference to the Directive (EU) no. 2024/1760, of 13 June 2024).

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

a.y. 2024-2025, II semester, March 2025.

EXAMS

EXAM DESCRIPTION

The exam is sustained in oral form. Only the students attending at least 2/3 of the lessons are entitled to take the exam through written tests. As far as written tests are concerned, the student answers 20 questions with multiple answer (for maximum 20 points) and one open question (for maximum 10 points), without the possibility to examine legal sources. Each correct answer to the questions at multiple answer is evaluated 1/20, while each incorrect answer or no answer is evaluated 0/20.

Presentations of cases by the students – of which account will also be taken with a view to determining the final mark – will contribute to the development of specific competences in the area of public speaking and team work, also with a view to the award of Open Badge . The eventual drafting of term papers on specific topics – the outcome of which is also taken into account for the purposes of the final mark – is aimed at developing clarity of presentation and argumentative coherence in the drafting of written texts.

ASSESSMENT METHODS

The oral and the written exam aim at verifying (i) the effective knowledge and the acquisition by the students of the theoretical notions explained in the course, as well as (ii) the ability of the students to comprehend and apply the rules of International Law concerning specific issues. Through questions of theoretical and practical nature, it will be verified whether the student is able to:

• identify and understand the rules and dynamics governing the coordination of the various sources (domestic, supranational and international) intended to affect issues of private international law;
• identify and understand the rules of international, supranational and domestic law that promote and guarantee access to justice in civil matters, in situations involving connections with several state systems, both within and outside the EU;
• analyse and understand the different techniques which, in the field of private international law, govern (i) the identification of the law applicable to private law transactions of a 'cross-border' nature and (ii) the applicability, in the Italian legal system, of legal rules in force in foreign legal systems, as well as acts or decisions adopted abroad;
• apply the main reference techniques and rules in the above-mentioned subjects, also through the analysis of concrete problems occurred in practice and the simulation of cases;
• understand and critically assess the impact, in the various sectors subject to analysis and reflection, of the internal, supranational and international norms protecting fundamental rights.

Exam schedule