Course teached as: 0055436 - DIRITTO PROCESSUALE CIVILE EUROPEO 5-years Single Cycle Degree in LAW
Teaching Language
Italian
Course Content
The course is focused on the main procedural EU regulations on jurisdiction and the recognition and enforcement of judgments, in civil, commercial and family matters. Especially: Reg. Bruxelles Ibis e Bruxelles II, as well as those relating notification, evidences, order of payment. The lectures will be focused on the Court of Justice rulings on the subjects indicated.
AA.VV., Regole Europee e giustizia civile, Manuale di diritto processuale civile europeo, edited by P. Biavati, M. A. Lupoi, Bologna, 2017.
The following article is added C. Silvestri, La circolazione delle decisioni nel Regolamento UE 1215/2015, (published in the volume in honor of Prof. De La Oliva Santos) uploaded to Moodle; free access. The program will be in force from May 2019.
Learning Objectives
The course aims to provide knowledge of a relevant part of the uniform civil procedural law in force in European intra cross-border disputes and to develop a critical and problematic approach of the issues that arise. The analysis of the Court of Justice is a fundamental step for the study of these issues, the reasons why it develops, the principles and evolutionary lines of this legislation, often changing or anticipating the written law.
The course also aims to provide students the impact of this legislation on the national legal system.
Prerequisites
No one
Teaching Methods
Teaching takes place in the form of lectures, seminars, conferences, Reading of the CJEU and Constitutional Court’s case law.
The materials examined during the lessons will be available through the Moodle Platform in free access.
Type of Assessment
Attending students may chose with the teacher a theme of those covered by the course on which to perform a written report.
For the non attending students, the exam will be oral with two or three questions depending on the accuracy and exhaustivity of the answers; the questions will focus on one of the topics covered by the "Reference texts".
Course program
The course is based on: EU judicial organization, the Court of Justice and remedies, Reg. 1215/2012 (es Reg. 44/2001), Reg. 2201/2003, Reg. 1393/2007 (notification), Reg. 1206/2001 (evidence), recognition and enforcement of judgments.
The issues will be discussed during the lessons with wide reference to the judgments of the Court of Justice.