Study of the formation and sources of procedural law in Europe with particular reference to the work of case law of the two Courts and supranational issues related to cross-border litigation.
N. Trocker, La formazione del diritto processuale civile europeo, Torino 2011, pp. 3-167; 221-265; 307-350
Learning Objectives
Knowledge
Knowledge of the sources of the law of civil procedure and the effect of that European law on civil justice in the Member States.
Ability
Ability to raise regulatory material, literature and case law for the purpose of setting up and solving the key legal issues relating in particular to the European civil procedural law. Ability to solve legal problems from a correct identification of the relevant legislation on a plane, both internally and Community.
Competencies
Sensitivity to the problems of civil litigation and supranational European cooperation in judicial matters.
Prerequisites
To take the exam must have passed General Constitutional Law, Private Law I, European Union Law.
Teaching Methods
Lessons of lectures and seminars: 40 hours total. The lessons conducted in a seminar will be devoted primarily to the formation of procedural law by the two great European supranational courts, the European Court of Human Rights and the Court of Justice of the European Union, which gradually came to develop a series of principles and general rules that now constitute the parameters of legitimacy of national procedural rules. It will then proceed to a more detailed analysis of the legislation that regulates the provisions on jurisdiction, taking of evidence abroad and recognition of judgments in the various States of the Union.
Type of Assessment
Oral final exam
Course program
European legal area civil justice is not reducible within the narrow confines of a single state system. In a world driven by the continued expansion of a system of relations between individuals transnational civil litigation also presents with increasing frequency extraneous elements. These extraneous elements can relate to and be relevant at all stages of the process, from the beginning of the latter (with the problem of determining whether the Italian court can exercise its jurisdiction on a determined dispute) through the investigation stage (because for example, there is a need to collect evidence in another Community country) until its natural end, as the judgment rendered by the Italian courts can be exported, that is meant to be recognized and enforced abroad.