49240 - Procedure Law in the European Union

Learning outcomes

The course is aimed at offering a general overview of European Civil Procedure throught 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

There are different studying materials for attending and non-attending students:

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

1. P. BIAVATI, Diritto processuale dell'Unione europea, 5th ed., 2015, Giuffrè, Milano: chapters I, II, III, V, VI, VII, X [only from par. 10.1 to par. 10.10], XII (total about 300 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, 5th ed., 2015, Giuffrè, Milano: chapters I, II, III, V, VI, VII, VIII, X, XI, XII (total about 390 pages);

2. P. BIAVATI - M.A. 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 pagine).

Or alternatively:

1. P. BIAVATI, Diritto processuale dell'Unione europea, 5th ed., 2015, Giuffrè, Milano: chapters I, II, III, V, VI, VII, X, XII, (total about 323 pages)

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.

It suggests the use of an updated code, i.e., for italian language, il Codice dell'Unione europea, editore La Tribuna, luglio 2015.
 

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 2016.

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