COMMUNITY RULES AND WARRANTIES INTERNATIONAL OF CIVIL PROCESS

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Code
55595
ACADEMIC YEAR
2017/2018
CREDITS
3 credits during the 3nd year of 7995 LAW (LMG/01) GENOVA
SCIENTIFIC DISCIPLINARY SECTOR
IUS/13
LANGUAGE
Italian
TEACHING LOCATION
GENOVA (LAW)
semester
2° Semester
modules
Teaching materials

AIMS AND CONTENT

TEACHING METHODS

Lectures and class discussion, on a voluntary basis, of cases decided by the case law of the EU Court of Justice, the European Court of Human Rights and national courts, available on the course's web site.

SYLLABUS/CONTENT

Recognition of judgments in civil and commercial matters and right to a fair trial within the European judicial area: abolition of exequatur, limits to recognition and powers of control endowed to the courts of the addressed Member State. Three main issues shall be dealt with: (i) the new regime of recognition of judgments in civil and commercial matters as brought about by the reg. no. 1215/2012, so called Brussels Ia, which repeals and replaces reg. no. 44/2001, so called Brussels I; (ii) the limits that, notwithstanding the revision carried out by reg. Brussels Ia, still remain as to the circulation of judgments within the EU judicial area and the powers of control that the courts of the Member State addressed are enabled to exercise on foreign judgments in order that said limits are effective; (iii) in particular, the limit represented by the public policy of the Member State addressed, which shall be dealt with focussing, in particular, on (a) its concrete application, having specific regard to the prohibition of re-examining the foreign judgment as to its substance, prohibition which binds the courts of the Member State addressed pursuant to the Brussels Ia regime; (b) the principles which form part of its core content in the light of the case law of the EU Court of justice, of the European Court of Human Rights and of national courts; (c) its capability to carry out the task - typical of public policy - as a last-instance instrument of protection of the constitutional identity of Member States.

RECOMMENDED READING/BIBLIOGRAPHY

Textbooks and teaching materials suggested to students attending the course.
The teaching materials used during the course shall be downloadable from the website www.aulaweb.unige.it. However, the suggested textbook is the following: S.M. CARBONE, C.E. TUO, Il nuovo spazio giudiziario europeo in materia civile e commerciale - Il regolamento UE n. 1215/2012, Torino, 2016.

Textbooks and teaching materials suggested to students not attending the course.
S.M. CARBONE, C.E. TUO, Il nuovo spazio giudiziario europeo in materia civile e commerciale - Il regolamento UE n. 1215/2012, Torino, 2016, chapters V e VI; C.E. TUO, La rivalutazione della sentenza straniera nel regolamento Bruxelles I: tra divieti e reciproca fiducia, Padova, 2012, pp. 1-198.

TEACHERS AND EXAM BOARD

Exam Board

CHIARA ENRICA TUO (President)

LAURA CARPANETO

SIMONE CARREA

PIERANGELO CELLE

CHIARA CELLERINO

MARIA ELENA DE MAESTRI

MARCO FERRUGLIO

PAOLA IVALDI

FRANCESCO MUNARI

FRANCESCO PESCE

ILARIA QUEIROLO

LORENZO SCHIANO DI PEPE

LESSONS

TEACHING METHODS

Lectures and class discussion, on a voluntary basis, of cases decided by the case law of the EU Court of Justice, the European Court of Human Rights and national courts, available on the course's web site.

LESSONS START

I semester from September, 18th to December, 7th 2017 (12 weeks)
II semester from February, 26th to May, 18th 2018 (12 weeks)

EXAMS

EXAM DESCRIPTION

The examination is oral. Students attending the course will have the possibility to take the exam at the very end of the course. The oral examination is always carried out by the course teacher together with another regular teacher (or with an at least three years' experienced reasearch fellow) and has a minimum duration of fifteen minutes. As for the exam reserved to the attending students, the course teacher pre-determines the criteria for the final exam, which shall take into account also the difficulty of the topics addressed.