|SCIENTIFIC DISCIPLINARY SECTOR||IUS/13|
The course deals with some aspects of the (more or less indirect) impact of International Law and European Union Law on the regulation of family relationships, in terms of specialist analysis.
The course, focused in monographic terms on the analysis of a specific area of International and EU Law, aims to introduce students to the knowledge and interpretation of supranational regulatory processes from the perspective of their direct or indirect impact on domestic law.
Attendance and active participation will enable the student to
(i) identify the supranational legal sources capable of affecting the regulation of family relationships;
(ii) understand how the "multilevel" regulation of such relationships affects family relations, identifying the relationship between the rules intended to affect the same matter and the correct approach to possible inconsistencies;
(iii) understand what role the jurisprudence of the Court of Justice and the European Court of Human Rights plays in this context;
(iv) critically analyse the legislative and case-law material made available, in particular by identifying the possible effects of the application of the rules of supranational sources and by drawing up an independent judgment on the lines of argument expressed in the context of the decisions to be taken into consideration (especially national decisions on the merits and on the legitimacy);
(v) assessing the compatibility of domestic regulatory interventions, de iure condito or de iure condendo, with the obligations arising from participation in the international and European Union systems.
In order to attend the course successfully, students are strongly advised to pass the International Law and European Union Law (I) exams first.
Lectures are given exclusively in presence.
They are supplemented by the analysis of regulatory and case law material, and are carried out with the help of documentation made available on AulaWeb.
The course, divided into two parts of 18 hours each, is an in-depth study of certain topics covered in the International Law and European Union Law (I) courses.
More specifically, the topics covered are:
Part I: The family in the perspective of fundamental freedoms and rights
This part will analyse the evolution of Community and European Union policy on family law, taking into account the "direct" and "indirect" interventions of the institutions as well as national and Court of Justice case law.
In particular, the topics covered are (i) the techniques and legal bases used by the European Union for action on family law; (ii) freedom of movement of EU and non-EU citizens with particular reference to the right to family reunification; (iii) fundamental rights in the perspective of family protection between the European Union and the ECHR.
Part II: The family in private international law
This part will deal with the profiles inherent to the international private and procedural law of the family with reference to both the European and national rules. In particular, the following topics will be considered: (i) dissolution of the marriage bond; (ii) parental responsibility; (iii) maintenance obligations; (iv) property relations between spouses and the property consequences of registered partnerships.
STUDENTS ATTENDING LECTURES
The exam for the students attending will be based on the content of the lessons, to be integrated with the didactic material (normative instruments, national and supranational case law) made available on the AulaWeb portal.
The reference textbook is in any case L. Carpaneto, F. Pesce, I. Queirolo, La "famiglia in movimento" nello spazio europeo di libertà e giustizia, Torino, Giappichelli, 2019 (limited to the topics covered in the lessons).
Part I: L. Carpaneto, F. Pesce, I. Queirolo, La "famiglia in movimento" nello spazio europeo di libertà e giustizia, Torino, Giappichelli, 2019, Chapters I, II and III.
Part II: L. Carpaneto, F. Pesce, I. Queirolo, La "famiglia in movimento" nello spazio europeo di libertà e giustizia, Torino, Giappichelli, 2019, Chapters IV, V and VI.
Office hours: OFFICE HOURS - SECOND SEMESTER YEAR 2022/2023 (Feb. to May 2023) In principle, on Mondays from 11:30 a.m. to 12:30 p.m. Different arrangements can be made by email.
FRANCESCO PESCE (President)
LAURA CARPANETO (Substitute)
CHIARA CELLERINO (Substitute)
MARIA ELENA DE MAESTRI (Substitute)
STEFANO DOMINELLI (Substitute)
FRANCESCA MAOLI (Substitute)
PIETRO SANNA (Substitute)
Classes are starting during the week of 19 September 2022, following the academic calendar of the Department for the 1st Semester.
All class schedules are posted on the EasyAcademy portal.
The examination is oral and consists, in principle, of two questions on the first part and two questions on the second part of the programme.
For attending students only, it is also possible to replace the oral examination with two intermediate multiple-choiche tests, whose modalities will be detailed during the first lesson.
The purpose of the interview is to ascertain whether the candidate has acquired in-depth knowledge of the (more or less indirect) impact of international law and European Union law on the regulation of family relationships. The examination will also test the candidate's command of technical terminology and ability to answer practical questions relating to the application of the concepts learned.