The research topics addressed over the years have involved various areas.
1) Following her internship at the French Cour de Cassation for the drafting of her degree thesis, she has been dealing since 1996 with the problem of so-called filters on cassation appeals.
This was on the basis of a comparative study with the French system, which had long since adopted instruments to limit access to the Cassation Court, even though it was a civil law system, and therefore not characterised by the selection typical of the Anglo-Saxon model of the Supreme Courts.
Having abandoned this theme for a while, it was tackled again from a different angle during the period of collaboration with the University of Bologna in connection with the award of a research grant, co-financed by the Consiglio Nazionale Forense.
On this second occasion, the subject of the limitation of access in cassation was in fact observed from the point of view of the role assumed by the lawyer in drafting the appeal, also in the light of certain changes that had taken place and which obliged the lawyer to draft an appeal in cassation with a question of law.
Through the analysis of the way in which the French puorvoi en cassation is drafted, which can only be proposed by a very small circle of cassation lawyers who only perform this function (approximately 90 in the country) and under the guidance of prof. Loic Cadiet of the University Paris I- La Sorbonne (today President of the International Association of Procedural Law), an attempt was made to demonstrate that the specialisation of the "cassazionista" lawyer is able to limit the number of inadmissible appeals, which in Italy constitute a not inconsiderable burden of cases to be disposed of by the Supreme Court.
The topic was developed by investigating Italian and French appeal drafting techniques, attempting to identify some provisions in our procedural system that lent themselves to the evolution of a jurisprudence (in particular, that on the so-called self-sufficiency of the appeal) functional to the introduction of "hidden" filters for the introduction of cassation appeals, given the impossibility of formally limiting access to the Supreme Court by virtue of Article 111 of the Constitution.
2) The drafting of the doctoral thesis instead involved the study of arbitration law, in particular observing the manner in which an award is deliberated.
In this case, the research aimed to veficare what role each arbitrator plays in the decision-making phase of the award, in particular by observing the obstructionist practices that arise in cases where the arbitrator appointed by one of the parties does not want the majority approval of the award unfavourable to the party that appointed him.
The investigation therefore involved the observation of the role and responsibilities of the Italian arbitrator, in light of the study, on the one hand, of the various arbitration regulations, both national and international, and, on the other hand, of the international Conventions that regulate the matter.
3) Another research topic is the contractualisation of the civil process.
Following a four-month stay at the Université Paris I-Sorbonne, as part of the Marco Polo programme, invited by Prof. Loic Cadiet, who was one of the first to study these issues that were little known in Italy, we focused on investigating the role assumed by the parties' agreement in the process, as well as the role assumed by the so-called hearing protocols.
With regard to the latter, in France a survey was carried out 'in the field' by asking the presidents of the various jurisdictions about the status and effectiveness of the so-called contrats de procédure; in Italy this research was the subject of interest in the context of the increasing use of this instrument in the management of civil hearings by the individual jurisdictions: an essay, already published by the Rivista trimestrale di diritto e procedura civile, was then included in the volume devoted to hearing protocols and civil justice observatories, edited by avv. Giovanni Berti Arnoaldi Veli (Bologna, 2011), which brings together contributions by various authors from the university, the judiciary and the legal profession, with a preface by Giovanni Maria Flick.
Subsequently, the topic was developed under a more theoretical profile in a study dedicated to the contractualisation of the trial, included in the volume dedicated to the Scritti in onore del porf. Federico Carpi.
On that occasion, the topic, which only apparently concerns the judicial system, was observed from a more strictly procedural-civilistic perspective, investigating how agreements can be inserted into the procedural dynamics sub specie of procedural acts and is currently being further explored.
4) Another research topic, so to speak, widespread, is enforcement. The start of the research was determined by the participation in the drafting first (starting from 2006, also for the 2009, 2012, 2017 editions and the forthcoming 2017 edition) of the Commentario breve al codice di procedura civile directed by Prof. Federico Carpi and Prof. Michele Taruffo and then the participation in the Commentari giurisprudenziali, again directed by the same authors (starting from 2008 and all the following years). The overview and the annual systematic collection of case law on the subject has resulted in an expertise that is developing, also through the teaching modules involving enforcement every year.
The survey is still ongoing and a monographic work on the subject will be published shortly.
5) Still on the subject of enforced execution, other studies have been carried out, in particular
a- on the enforceability of the first instance judgment;
b- on the eviction validation procedure;
c- on the enforcement of precautionary measures in industrial matters.
1) Filters to appeal to the Supreme court;
2) Resolution of the arbitration award and truncated
tribunal;
3) Enforcement;
4) Enforceability of the judjment of first instance;
5) Validation process of eviction;
6) Implementation of protective measures in the civil industrial
process;
7) Voluntary process;
8) Contracting of civil trial;
9) Arbitration
