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

The European judicial space: notion, history and function

European regulations in matters of civil procedure: an introduction

Affirming jurisdiction in transnational litigation in civil and commercial matters, with particular reference to jurisdiction:

- in contractual matters

- in tort litigation

- in relation to consumer contracts

Choice of forum clauses in civil and commercial litigation.

Parallel proceedings in the European space of justice and the struggle against "forum shopping"

Jurisdiction in matrimonial matters and matters of parental responsibility

The notion of habitual residence

Discretionary mechanisms to assess jurisdiction

International abduction of minors in the Hague Convention of 1980 and in Regulation 2201\2003

The circulation of judicial decisions among the Member States of the European Union, between exequatur and the European enforcing order

The European order for payment

Transnational insolvency: general principles, with particular reference to the notion of center of main interests of a debtor ad to the coordination of insolvency proceedings pending in differnent Member States

Readings/Bibliography

Normative texts and European Court of Justice decisions will be provided for by prof. Lupoi at the beginning of the course.

For the final exam, apart from the materials which will be given by Prof. Lupoi, the students will have to read:

Jurisdiction in matrimonial matters, parental responsibility and international abduction, edited by Honorati, Giappichelli, 2017, p. 1 - 93 e p. 199- 218.

Teaching methods

Class attendance is mandatory. To satisfy attendance requirements, a students must sit in at least 20 classes out of 24.

Classess will have both a theoretical and a practical character and they will be mainly centered on the analysis of European Court of Justice decisions, which the students will be expected to prepare in advance, in order to be ready to discuss them in class with the teacher and the other students.

Active participation in the class discussion will be a fundamental factor in the determination of the final grade.

The object of the course is not to provide notion but to develop problem solving techniques in relation to specific issues, in an interactive perspective.

Assessment methods

The final grade will be based on three points:

- participation in the discussions in class on the ECJ decisions;

- debates on specific topics;

- an oral examination either in presence or online.

Office hours

See the website of Michele Angelo Lupoi