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.

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

Textbooks and teaching materials suggested to students not attending the course.
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.