Skip to main content
CODE 64951
ACADEMIC YEAR 2022/2023
CREDITS
SCIENTIFIC DISCIPLINARY SECTOR IUS/14
LANGUAGE Italian
TEACHING LOCATION
  • GENOVA
SEMESTER 2° Semester
SECTIONING Questo insegnamento è diviso nelle seguenti frazioni:
  • A
  • B
  • PREREQUISITES
    Propedeuticità in ingresso
    Per sostenere l'esame di questo insegnamento è necessario aver sostenuto i seguenti esami:
    TEACHING MATERIALS AULAWEB

    OVERVIEW

    The law of the European Union permeates the legal systems of the Member States in every field of intervention of the national legislator. With specific regard to private international law (and to the so called fifth freedom), the course offers an in-depth study of the regulations that identify i) the competent jurisdiction; ii) the law applicable in case of cross-border disputes in civil, commercial and family matters; iii) the circulation of judgments in the above mentioned fields.

    AIMS AND CONTENT

    LEARNING OUTCOMES

    The objectives of the course are shaped on the basis of two key considerations: on the one hand the disputes brought before national courts are increasingly characterized by a cross-border element; on the other hand, sincce the eraly 2000s the European Union has heavily intervened in the field of judicial cooperation in civil maters, therefore undertaking an harmonization process with reference to conflict of laws' rules and jurisdiction criteria that are in force within the Member States. Consequently, it is necessary to provide the students of the Laurea Magistrale in Giurisprudenza (Master Degree in Law) with appropriate tools to deal with such international cases, being fully aware of the key role of the EU. Therefore, the course focuses on the analysis of the relevant Regulations concerning rules of international civil procedure and private international law that the EU has adopted in order to pursue legal certainty and foreseeability as to the court having jurisdiction.

    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 i) EU regulation No. 1215/2012 (concerning jurisdiction, recognition and enforcement of judgments in civil and commercial matters) (so called Brussels Ia) and ii) regulation No. 2201/2003 (on jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility) (so called Brussels IIa), which was repealed from 1 August 2022 and regulation No. 1111/2019 which is the recast of Regulation No. 2201/2003; with iii) references also to other EU regulations in the field of international civil procedure.

    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, with specific regard to the study of i) regulation No. 593/2008 (Rome I) and No. 864/2007 (Rome II) on the law applicable to contractual and non-contractual obligations; ii) regulation No. 1259/2010 (Rome III) on the law applicable to divorce and legal separation, as well as the legal framework concerning the mutual recognition of personal status; with references also to iii) the other EU regulations dealing with the conflict of laws.

    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 adjudicate 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 rules of jurisdiction 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

     

    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 consists of a) frontal lectures and might include b) guided presentation and analisis, by the students, of practical cases (evaluated also for the purpose of the final mark of the exam). If necessary the course will be held also on Teams (27h0nqc). Guests speakers chosen among experts of the field might also be invited. The active participation of the students is required for the purpose of the analysis and the comment of the releant case-law.

    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 on international civil procedure, covers the study of uniform rules that in this field deal with the coordination of jurisdictional activities in cross-border matters, as well as with the recognition and enforcement in Italy of foreign decisions. Particular attention will be devoted to regulation No. 1215/2012 (Brussels I bis); Regulation 2201/2003 (Brussels II bis) and its recast, Regulation No. 1111/2019.

    Part 2: European conflict of laws rules
    The second part of the course is devoted to the study of uniform conflict of laws rules adopted by the European Union as well 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 No. 593/2008, Rome I and No. 864/2007, Rome II), legal separation and divorce (Regulation 1259/2010, Roma III). Reference will also be made to maintenance (Regulation No. 4/2009), patrimonial relationships between spouses and registered partners (Regulations No. 2016/1103 and 2016/1104).

    RECOMMENDED READING/BIBLIOGRAPHY

    For students attending lectures

    Relevant materials such as articles, case-law, legal texts will be specified and uploaded on Aulaweb. The following textbooks are however suggested:

    For Part I:

    S. Carbone, C. Tuo, Il nuovo spazio giudiziario europeo in materia civile e commerciale. Il regolamento Ue n. 1215/2012, Giappichelli, Turin, 2016, with regard to the parts considered during the lectures.

    F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. II - Statuto personale e diritti reali, 5a ed., UTET, Milan, 2019, with specific regard to Chapter V, Sections I and III and Chapter Six, paragraphs 1, 2 and 9.

    For Part II:

    F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. I - Parte generale e obbligazioni, 9ª ed., UTET, Milan, 2020, with specific regard to Chapters VI and VII.

    F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. II - Statuto personale e diritti reali, 5a ed., UTET, Milan, 2019, with specific regard to Chapter V, Section II.

    For students non attending lectures

    S. Carbone, C. Tuo, Il nuovo spazio giudiziario europeo in materia civile e commerciale. Il regolamento Ue n. 1215/2012, Giappichelli, Turin, 2016 with specific regard toCapo I, parr. from 1 to 4 included; Capo II; Capo III, par. 10; Capo IV; Capo VI (with the sole exception of par. 20).

    F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. I - Parte generale e obbligazioni, 9ª ed., UTET, Milan, 2020, with specific regard to Chapter VI and VII.

    F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. II - Statuto personale e diritti reali, 5a ed., UTET, Milan, 2019, with specific regard to Chapter V, VI (par. 1, 2 and 9); VIII and IX.

    Students in international mobility (Erasmus or other programmes) as well as students who opted for the courses of International Law and European Union Law might study on the following text: G. van Calster, European Private International Law: Commercial Litigation in the EU, Hart Publishing, London, 3rd ed., 2021.

    TEACHERS AND EXAM BOARD

    Exam Board

    PAOLA IVALDI (President)

    ILARIA QUEIROLO

    SIMONE CARREA (President Substitute)

    FRANCESCA BANDINI (Substitute)

    GUGLIELMO BONACCHI (Substitute)

    LAURA CARPANETO (Substitute)

    STEFANIA CASIGLIA (Substitute)

    CHIARA CELLERINO (Substitute)

    MARIA ELENA DE MAESTRI (Substitute)

    STEFANO DOMINELLI (Substitute)

    ELENA GUALCO (Substitute)

    SARAH LATTANZI (Substitute)

    FRANCESCA MAOLI (Substitute)

    ELENA MARESCA (Substitute)

    FRANCESCO PESCE (Substitute)

    CHIARA ENRICA TUO (Substitute)

    LESSONS

    LESSONS START

    II semester from 13th February to 5th May 2023 (12 weeks)

    Class schedule

    EUROPEAN UNION LAW II A

    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 a written test.

    As far as the written test is 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.

     

     

     

    ASSESSMENT METHODS

    The oral and the written exam aim at verifying the ability of the students to understand and use the tecnhical legal language specific of private international law, as well as to identify the relevant elements for the solutions of conflicts of laws and jurisdictions in cross-border situations. The exam aims at verifying the acquisition of the specific concepts and notions of EU private international law, the understanding of the logic underlying the choices of the EU legislator in this area of law as well as the ability of the student to approach complex legal issues.

    Exam schedule

    Data Ora Luogo Degree type Note
    09/01/2023 09:30 GENOVA Orale
    23/01/2023 09:30 GENOVA Orale
    08/05/2023 09:30 GENOVA Orale
    22/05/2023 09:30 GENOVA Orale
    12/06/2023 09:30 GENOVA Orale
    10/07/2023 09:30 GENOVA Orale
    11/09/2023 09:30 GENOVA Orale