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 judge and the regulatory law for cross-border disputes in civil, commercial and family law matters.

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 EU regulation n. 1215/2012 (concerning jurisdiction , recognition and enforcement of judgments in civil and commercial matters); regulation n. 2019/1111 (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

Classes take place in person.

If online streaming of classes becomes necessary, the TEAMS code will be indicated on the Aulawebpage of the course.

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 parts, represents an in-depth study of the programme of the courses of European Union Law I and International Law. In particular, the subject matters of the course are the following:

Part 1: European Union Law and Private and Procedural International Law; coordination of jurisdiction in cross-border disputes, with particular reference to the European context; recognition and enforcement of foreign decisions in Italy; Regulation n. 1215/2012 (Brussels Ia); Regulation n. 2019/1111 (Brussels II ter).

Part 2: European Union Law and Private International Law. This part is dedicated to the analysis of the incidence, on private international law, of ruels and principles of EU law, in the light of the most recent legislative innovations and decisions of the European Court of Justice. In particular: Regulation n. 593/2008 on contractual obligations (Rome I); Regulation n. 864/2007 on non-contractual obbligations (Rome II) ; Regulation n. 1259/2010 on separation, divorce and marriage annulment (Rome III); Regulation n. 4/2009 on maintenance; Regulation n. 650/2012 on successions.

RECOMMENDED READING/BIBLIOGRAPHY

Materials for students attending classes

Decisions and legislative texts of particular relevance and utility for the comprehension of the subjects covered will be published in Aulaweb.

For the part 1:

S. Carbone, C. Tuo, Il nuovo spazio giudiziario europeo in materia civile e commerciale. Il regolamento Ue n. 1215/2012, Giappichelli, Torino, 2016, only concerning the parts that had been covered during the lessons.

F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. II - Statuto personale e diritti reali, 5a ed., UTET, Milano, 2019, only Chapter V, sections I and III, and Chapter VI, paragraphs 1,2, 9.

For the part 2:

F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. I - Parte generale e obbligazioni, 10a ed., UTET, Milano, 2022, only Chapter VI and VII

F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. II - Statuto personale e diritti reali, 5a ed., UTET, Milano, 2019, in particular Chapter V, section II. Other part will be indicated during lectures.  

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, 10ª ed., UTET, Milano, 2022, only Chapters VI and VII

F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. II - Statuto personale e diritti reali, 5a ed., UTET, Milano, 2019, only Chapters V, VI (par. 1, 2, 9,10), VIII, IX.

TEACHERS AND EXAM BOARD

Exam Board

ILARIA QUEIROLO (President)

LAURA CARPANETO

MARIA ELENA DE MAESTRI (Substitute)

STEFANO DOMINELLI (Substitute)

FRANCESCA MAOLI (Substitute)

FRANCESCO PESCE (Substitute)

PIETRO SANNA (Substitute)

MATTEO SOMMELLA (Substitute)

LESSONS

LESSONS START

Please consult the didactic calendar

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

Oral exams take place in person.

If only oral exams become necessary, this is the TEAMS code: l1buonj

Student attending 2/3 of classes in person will have the possibility to take two written tests at the end of each of the two modules.

ASSESSMENT METHODS

The oral exam, as well as the participation in the written exercises, will allow to evaluate the students' ability to understand and use the technical-legal language of private international law (in a broad sense) as well as to identify the relevant elements for the resolution of conflict of laws and jurisdiction in cross-border disputes. The exam aims to verify the acquisition of concepts of EU private international law, the logic behind the choices of the European Union lawmaker and the student's ability in dealing with complex legal cases.

Exam schedule

FURTHER INFORMATION

TEAMS code if online classes are necessary: see aulaweb page.

TEAMS code if only exams are necessary: l1buonj