The course in 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., Manuale di diritto processuale civile europeo, edited by M. Taruffo, V. Varano, Turin, 2011, pp. from 3 to 77, from 107 to 142, from 253 to 336 (excluding the rest).
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. The program will be in force from May 2017.
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.
Prerequisites
No one
Teaching Methods
Lectures: 40 hours - seminars: 8 hours
Type of Assessment
The exam will be oral. Attending students may chose with the teacher a theme of those covered by the course on which to perform a written report.
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.