81803 - European Judicial Cooperation

Learning outcomes

Interaction between different legal systems, of transnational and national nature. In particular, ability to handle European Union criminal law and the case law of the European Court on Human Rights . Analysis of mechanisms and rules concerning judicial cooperation in criminal matters within the European Union, in the Area of Freedom, Security and Justice. Interaction between European sources in criminal law and national criminal justice systems.

Course contents

 

This is a course on cross-border civil litigation in a comparative perspective.


The topics covered will be as follows:


The European judicial area in civil matters: notion, history, function
European regulations on civil procedure: an introduction
The determination of jurisdiction in cross-border disputes in civil and commercial matters: European uniform law and U.S. law compared, with reference also to the doctrine of forum non conveniens
Choice of forum clauses in civil and commercial litigation
Parallel proceedings and the contrast to forum shopping, from a comparative perspective
International child abduction: coordination and cooperation mechanisms between Member States
The circulation of judicial decisions in the context of relations between Member States of the European Union, between exequatur and European enforcement order
Cross-border insolvency: general principles, with particular reference to the notion of the center of the debtor's main interests and the coordination between insolvency proceedings in different Member States

At this link, the schedule of classes:

https://drive.google.com/file/d/1JgyCCAl3nuK_s6EDDvtnJXV-K5pIdMxd/view?usp=sharing

Readings/Bibliography

Statutory texts and judicial decisions will be provided by the professor at the beginning of the course.

Teaching methods

Attendance at the course is mandatory. You will be considered attending if you take part in at least 20 lessons out of 24.

The lessons will be theoretical and practical, mainly with the analysis of cases of the European Court of Justice and other jurisdictions on which students must prepare in advance to be ready to discuss in class with the teacher and other students.

Active participation will be a fundamental criterion for the final evaluation.

The objective of the course is not to provide notions but to develop problem solving techniques with respect to specific issues, in an interactive perspective.

Assessment methods

Final evaluation will be based on three elements:

- active participation in class discussions on cases; unpreparedness on materials assigned from time to time will be evaluated negatively;

- debates and comparisons on specific topics;

- writing of a final paper.

Teaching tools

Handouts with regulatory texts and court decisions provided by the professor

Office hours

See the website of Michele Angelo Lupoi