99747 - EUROPEAN JUDICIAL COOPERATION IN CROSSBORDER LITIGATION

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

The course focuses on cross-border, mainly intra-european, civil litigation from a comparative perspective.

The topics covered will be as follows:

Different procedural legal systems compared in the European and non-European context.

Main general distinctions and interactions in cross-border litigation.

International commercial arbitration in general and from a European perspective in cross-border litigation.

Interactions with European procedural law.

The European judicial area in civil matters: notion, history, function.

The European Regulations on civil procedure: an introduction.

The determination of jurisdiction in cross-border disputes in civil and commercial matters: European uniform law.

Choice of court clauses in civil and commercial litigation.

Parallel proceedings and combating forum shopping, from a comparative perspective.

The circulation of judicial decisions and more generally of enforceable titles in the context of relations between EU Member States, between exequatur and European enforcement order.

Readings/Bibliography

Statutory texts (EU Regulations, International/European Traties) and judicial decisions will be provided by the professor on "Virtuale" site.

Further articles published in journals will also be posted on the "Virtuale" site.

For more on the topics covered in class

On Arbitration: 

Nigel Blackaby, Constantine Partasides QC, Alan Redfern, and Martin Hunter, Redfern and Hunter on International Arbitration, 6th ed., London, 2015.

On Cross-border litigation: 

Oscar Chase, Helen Hershkoff, Linda Silberman, Yasuhei Taniguchi, Civil Litigation in Comparative Context, West Academic, 2019.

or

- Van Rhee, Springer, Civil Litigation in a Globalizing World, Kramer, 2012.

 

Teaching methods

Attendance at the course is compulsory and will be considered sufficient with the participation to at least 20 lectures out of 24 and active participation will be a fundamental criterion for the final evaluation (sub Assessment methods).
The lectures will be of a theoretical-practical nature, mainly involving the analysis of cases from the European Court of Justice or other national and international Courts, on which students will have to prepare in advance in order to be ready to discuss them in class with the lecturer and the other students.
The aim of the course is to develop problem-solving techniques with respect to specific issues.

Assessment methods

Active participation in class discussions will be a relevant assessment criterion.
The final examination will be an oral examination on the topics covered in class.

Grading of the final mark:

- Discussion that is not very thorough or partially deficient, but individual ability to analyze and recognize the limits of the same and anonymously provide integrations on purely executive issues.→ 18-19;

- Not very thorough or partially deficient discussion. Independent correction and oral integration of some gaps or inaccuracies. → 20-24;

- Detailed discussion, individual ability to analyze and immediately recognize critical points and to correct them without being prompted by the professor. Ability to make autonomous choices of critical analysis, mastery of specific terminology. → 25-29;

- Substantially comprehensive preparation on the topics covered in the course, ability to make autonomous choices of critical analysis and linking, full command of the specific terminology and ability to argue and self-reflect. → 30-30L.

- Discussion that does not reach the minimum threshold→ Negative outcome.

Teaching tools

The two main informatic references of the course are:

1) The course Program;

2) The 'Virtuale' platform, on which some of the material to be studied for the exam will be published, in particular:

- European Regulations;
- International Conventions;
- A limited but complex number of articles published in scientific journals, which will be published on the "Virtuale"informatic platform;
- Course slides.

It is advisable to consult the "Virtuale" computer platform before each lecture, also in order to check any possible warnings or changes.

For any health problems that may interfere with the lectures, including learning disorders, please contact:

http://www.studentidisabili.unibo.it/servizi-agli-studenti/index.html.
The office will contact the professor directly, who will provide clarification.

For possible interviews, please check the professor's website

https://www.unibo.it/sitoweb/mariagiulia.canella

Office hours

See the website of Maria Giulia Canella