81803 - European Judicial Cooperation

Learning outcomes

At the end of the course, students will: - be familiar with the main European regulations on judicial cooperation in civil matters, with particular reference to the rules on jurisdiction in cross-border disputes and those on the recognition and enforcement of foreign decisions in relations between EU Member States; - be able to solve problems and cases relating to international procedural law in the context of the European area of justice, with particular reference to civil and commercial matters and family law.

Course contents

The course will be held in the second semester. It is organized as part of the activities of the Jean Monnet Chair in European Judicial Cooperation.

The course is dedicated to the study of the main mechanisms of judicial cooperation in civil matters within the European Union's area of justice.

The focus will be on EU Regulation No. 1215 of 2012 (Brussels I bis) on civil and commercial matters.

The topics covered are:

- scope of application of the regulation (objective and subjective)

- structure of the regulation

- concept of connecting factors

- general jurisdiction

- special jurisdiction (with a focus on jurisdiction in contractual and non-contractual matters)

- exclusive jurisdiction

- choice of court agreements

- protective jurisdiction (in particular: focus on consumers and labor contracts)

- parallel proceedings

- recognition and enforcement of judgments

For further information, please contact Michele Angelo Lupoi (micheleangelo.lupoi@unibo.it).

Readings/Bibliography

European Judicial Cooperation in Cross-Border Litigation,edited by Paolo Biavati e Michele Angelo Lupoi, Bologna University Press, 2024, chapters I and II, to be supplemented by reading the decisions of the Court of Justice that will be discussed during the lessons.

Teaching methods

The course will alternate lectures with discussions on case studies, using an interactive approach.

Assessment methods

The final assessment will consist of a written examination at the end of the course, in which students will be required to solve a hypothetical case within two hours, applying the rules and decisions covered during the lectures.

The mark for the written examination will be determined on the basis of the student’s ability to identify the relevant legal provisions, their correct application to the case in question, and the accuracy of the terminology used.

Honours may be awarded in recognition of the student’s active participation in class discussions.

Office hours

See the website of Michele Angelo Lupoi