PARTY AUTONOMY AND AREA OF FREEDOM, SECURITY AND JUSTICE

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Code
55645
ACADEMIC YEAR
2021/2022
CREDITS
3 credits during the 3nd year of 7996 LAW (LMG/01) IMPERIA

3 credits during the 3nd year of 10842 LEGAL SERVICES IN BUSINESS AND PUBLIC ADMINISTRATION (L-14) GENOVA

SCIENTIFIC DISCIPLINARY SECTOR
IUS/13
LANGUAGE
Italian
TEACHING LOCATION
IMPERIA (LAW)
semester
2° Semester
modules
This unit is a module of:
Teaching materials

AIMS AND CONTENT

AIMS AND LEARNING OUTCOMES

The course aims to address issues relating to the creation of a European area of freedom, security and justice, in order to examine in detail some aspects of EU private and procedural international law. In particular, the role of party autonomy in the context of the EU instruments of private and procedural international law will be examined, as well as the EU discipline in specific matters.

Individual study, attendance and participation in the proposed educational activities will allow the student to:

- Reconstruct the fundamental stages of the regulatory evolution that led to the current structure of the EU discipline of private and procedural international law, within the area of ​​freedom, security and justice;

- Know and report in their contents the inspiring principles and objectives of the main legislative instruments on which the process of constitution of the EU judicial area is based;

- Know and remember the main regulatory instruments that, in the European judicial area, govern jurisdiction, the circulation of judgments and the applicable law in specific matters;

- Analyze specific legal issues related to the determination of jurisdiction, applicable law and recognition of judgments, identifying the rules - of uniform international law, EU law or domestic law - relevant for their resolution;

- Apply the relevant provisions, distinguishing the cases and creating links with the categories studied, for the solution of concrete and specific legal problems;

- Carry out research on the sources of private and procedural international law as well as the case law of the Court of Justice of the European Union, the European Court of Human Rights and national judges;

- Express with adequate technical language, both in oral and written form, on the legal issues covered by the course.

TEACHING METHODS

Frontal classes with text and case law material analysis (uploaded on aulaweb). Seminars might take place during classes with the teacher with experts of the subject matter.

SYLLABUS/CONTENT

In the second part, the course deals with: i) The intervention of the European Union since the 1997 Amsterdam Treaty: the creation of an area of freedom, security and justice; (ii) The instruments of EU law and their coordination with national law; (iii) Party autonomy in the context of the EU instruments of private and procedural international law; (iv) The EU of private international law in specific matters.515 / 5000

RECOMMENDED READING/BIBLIOGRAPHY

Students attending classes

Notes and materials on aulaweb can be integrated with F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. II, Statuto personale e diritti reali, Torino, Giappichelli, 2019 (limited to the parts indicated in class).

Students not attending classes

F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. II, Statuto personale e diritti reali, Torino, Giappichelli, 2019, pp. 255-355.

TEACHERS AND EXAM BOARD

Office hours: The student reception can take place in person or on the Teams platform, before or after the lesson or by appointment.

Exam Board

FRANCESCA MAOLI (President)

ILARIA QUEIROLO

LAURA CARPANETO (Substitute)

MARIA ELENA DE MAESTRI (Substitute)

STEFANO DOMINELLI (Substitute)

FRANCESCO PESCE (Substitute)

PIETRO SANNA (Substitute)

MATTEO SOMMELLA (Substitute)

LESSONS

TEACHING METHODS

Frontal classes with text and case law material analysis (uploaded on aulaweb). Seminars might take place during classes with the teacher with experts of the subject matter.

LESSONS START

Please consult the didactic calendar. 

EXAMS

Exam schedule

Date Time Location Type Notes
17/12/2021 10:30 GENOVA Orale
14/01/2022 10:30 GENOVA Orale
04/02/2022 10:30 GENOVA Orale
13/05/2022 10:30 IMPERIA Orale
03/06/2022 10:30 IMPERIA Orale
24/06/2022 10:30 IMPERIA Orale
14/07/2022 10:30 IMPERIA Orale
05/09/2022 10:30 GENOVA Orale