Docente

Dott. Pierluigi Simone

Ore di lezione

18 ore

Modalità
di svolgimento della prova

Oral exam

Obiettivi formativi/
Risultati
di apprendimento attesi

The Course aims at addressing the theme of recognition and enforcement of foreign judgments in the EU Member States legal system, with special reference to Regulation 2201/2003 and to the related matter of parental responsibility. The knowledge and understanding ability of students, as well as their general learning skills, may be stimulated through comments on the relevant EU and national regulatory acts. The examination of working documents and particularly of the case-law issued by the Court of Justice of the European Union and national Courts will be useful in encouraging and increasing the applied knowledge. The autonomous assessment and communicative skills of students will be finally enhanced through a home-study of the judgments issued by the Court of Justice, conclusions drawn up by the advocates general of the Court itself, and/or judgments issued by national Courts. The exposition and comments that students will be required to carry out in classroom will also be relevant.

Programma

General introduction on the legal sources of EU law and their binding value in the Member States legal systems; EU competence on the recognition and enforcement of foreign judgments; the principle of automatic recognition of foreign judgments; notes on Regulation 1215/2012 concerning jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; Regulation 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility.

Testi consigliati

The teacher will directly provide students with legislative texts and cases in English language, and will upload them on the “didattica web” electronic platform. Specific parts of English textbooks may be reported or provided during classes.

Altre informazioni

The Course consists of frontal lessons, with the analysis of the relevant EU Regulations and cases. The possibility of providing students with judgments issued by the Court of Justice, conclusions of advocates-general or judgments issued by national Courts must also be taken into consideration. A discussion and comparison may then be directly made in classroom.