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, since the early 2000s the European Union has heavily intervened in the field of judicial cooperation in civil matters, 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 conflict of laws that the EU has adopted in order to pursue legal certainty and foreseeability as to the court having jurisdiction with regard to disputes having a cross-border element.

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. 1111/2019 (Brussels II recast) on jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility; 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; iii) the solutions concerning the mutual recognition of personal status; with references also to iii) the other EU regulations dealing with the conflict of laws.

The aims of the course are therefore to I) provide the participants with the tools necessary to examine complex situations having "cross-border implications" (art. 81 TFEU), allowing them to identify which legal system presents the sufficient link to regulate and adjudicate the dispute and II) to promote the development of specific competences concerning group work and public speaking through the presentation of cases by students.

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;

- DEVELOP SPECIFIC COMPETENCES concerning group work and public speaking.

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). Guest 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) and Regulation No. 1111/2019 (Brussels II-a recast).

Part 2: European conflict of laws rules and mutual recognition of personal status.
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, also with regard to the mutual recognition of personal status. 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). Also the proposal for a regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood COM(2022) 695 final will be analysed and finally 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, 6ª ed., UTET, Milan, 2023, 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, 10ª ed., UTET, Milan, 2022, with specific regard to Chapters VI and VII.

F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. II - Statuto personale e diritti reali, 6ª ed., UTET, Milan, 2023, with specific regard to Chapter V, Section II, as well as Chapter VII, par. 5 (recognition of foreign decisions concerning parenthood).

Other topics will be specified during the lessons.

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 to: Capo 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, 10ª ed., UTET, Milan, 2022, with specific regard to Chapter VI and VII.

F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. II - Statuto personale e diritti reali, 6ª ed., UTET, Milan, 2023, with specific regard to Chapter V, VI (par. 1, 2 and 9); VII, par. 5; 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.