49240 - Procedure Law in the European Union

Learning outcomes

The course is aimed at offering a general overview of European Civil Procedure trought a critical analysis of the subject. The presence during the course of foreign students makes easier the exchange of experiences between students of different nationalities and juridical cultures.

Course contents

The programme will cover the following topics:

- General Introduction: the European Jurisdiction (History and Prospective); the EU Court of Justice (its work and organisation); the General Court; the EU Civil Service Tribunal.

- Competences of the European Judges: Direct Actions and References for Preliminary Rulings.

- Judges and Parties: the EU Judges; the Advocates-general;  the Parties and the Lawyers.

- The Ordinary Proceedings: General Features, the Written Stage, Evidence, the Oral Stage and the Decision.

- Special Forms of Procedure: Interim Relief.

- The Proceedings of Appeal and Review of the Decisions.

- The most important European Regulations of Civil Procedural Law.

Readings/Bibliography

Since the second half of 2012 to nowdays, relevant regulatory interventions have interested the sources European Union procedural law. The books on this subject are currently in the progress of being published and will therefore not be new reference book sfor the 2014/2015 academic year.

Therefore there are different studying materials for attending and non-attending students:

A) For attending students (even Erasmus attending students) the programme will be:

1. a booklet provided by prof. Rasia. The professor will make it available to all attending students on web site http://campus.unibo.it. (totale about 100 pages);
   

2. the reading of a part of the textbook P. BIAVATI-LUPOI (ed.), Regole europee e giustizia civile, 2nd. ed., Bononia University Press, Bologna, 2013: only chapters 1,2,3,6,7,8 (total about 150 pages)

 B) For non-attending students (even non-attending Erasmus students) they can choose between:

1. P. BIAVATI, Diritto processuale dell'Unione europea, 4th ed., Giuffrè, Milano, 2009: chapters I, II, III, V, VII, XII, XIII, more an extra chapter the students will have to choose between the remaining chapters.

Or alternatively:

1. P. BIAVATI, Diritto processuale dell'Unione europea, 4th ed., Giuffrè, Milano, 2009 : chapters I, III, XII, XIII.
   

2. P. BIAVATI-M.A. LUPOI (ed.), Regole europee e giustizia civile, 2nd. ed., Bononia University Press, Bologna, 2013, all the book (total 234 pages).

In both cases, up to date consultation of the relevant law and jurisprudence is strongly recommended through the use of the following websites:

http://curia.europa.eu/jcms/jcms/Jo1_6308/ 

and

http://ec.europa.eu/justice_home/judicialatlascivil/html/index_it.htm

In both web sites, the texts are available in every language of the European Union.

 

Teaching methods

The course will be highly interactive. Attending class it is not mandatory but it is strongly recommended in order to value the potential that an advanced course like this offers. This course is designed for a "public" of students who come from different countries and have different experiences.

Assessment methods

The final exam will be oral.

The course will take place during the second semester and all students may therefore sit for the exam starting from May 2015.

Only for students who have attended at least 75% of the lessons it will be possible to sit the exam at an earlier "extra-exam session", even throught a written exam, usually at the end of April. Further details will be provided by Professor Rasia at the beginning of the course. 

Teaching tools

Teaching materials (slides, judicial decisions, articles, legal provisions) will be available through the online platform AMS Campus (http://campus.unibo.it under the name of Professor Rasia).

Office hours

See the website of Carlo Rasia