Corsi di Studio del Dipartimento di Giurisprudenza

Criminal and civil procedural law of the EU

Anno accademico 2013/2014

Sommario insegnamento

• Obiettivi formativi
• Risultati dell'apprendimento attesi
• Programma
• Testi consigliati e bibliografia
• Strumenti didattici

Obiettivi formativi

Course Aim

The course will introduce students to the EU instruments of judicial cooperation in criminal and civil matters.

The course will be in two parts. The first part will relate to EU judicial cooperation in criminal matters also in relationship with the ECHR. The second half will be devoted to judicial cooperation in civil matters.

Risultati dell'apprendimento attesi

Evaluation

Students evaluation will be based on class participation 

Programma

Part 1. Judicial cooperation in criminal matters

The first subject of this part will consist in the study of EAW, as a model of a new form of judicial cooperation, and its implementation in MSs. Secondly, the course will focus on the other tools, recently introduced, especially by the EU Directives on the rights in the criminal proceedings (EU No. 2010/64; No. 2012/13; No. 2012/29). The themes will be approached by a comparative method, in order to focus on the differences between the standing ECHR provisions – and, of course, the ECtHR case-law – and the level of guarantees offered by the new EU directives.

Particular attention will be paied to the theme of the right to translation and interpretation in criminal proceedings. The expiring date to implement Dir. 2010/64 is November 2013: an inquiry on the national implementation laws will be a topic of the course.

Then, the matter will be dealt of the future of the European Public Prosecutor Office (according to art. 86 TUE) and its relationship with the standing peculiarities of Eurojust.

Part 2. Judicial cooperation in civil matters

The second part of the course will focus primarily on studying the Brussels I and I bis Regulations on jurisdiction and the recognition and enforcement of judgments, authentic instruments and court agreements in civil and commercial matters. A special attention will be given to:

a) Issues of jurisdiction;

b) Lis alibi pendens;

c) Techniques employed in the field of recognition and enforcement of foreign decisions.

We will also consider:

- The European Enforcement Order as a method of enforcing foreign judgments (or court agreements) within the EU without the need of any intermediate proceedings (exequatur) as established by the Regulations (EC) No 805/2004, No 1896/2006 and No 861/2007.

- The Regulation No 1206/2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

Texts and materials:

For students who attend the course:

A selection of readings from various sources will be used, including:

Rafaraci, The right to defence in EU judicial cooperation in criminal matters, in S. Ruggeri (ED.), Transnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings, Springer 2013, 331 ss.

Spronken – de Focht, EU Policy to guarantee Procedural Rights on Criminal Proceedings: “Step by Step”, in 37 N.C.J. Int'l L. & Com. Reg. 436 2011-2012, 437 ss.

De Bond – Vermeulen, The Procedural Rights debate, in EUCrim 2010, 163-167;

Gaeta, EU tools for the Prevention and Settlement of Conflicts of Jurisdiction in Criminal Proceedings, in S. Ruggeri (ED.), Transnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings, Springer 2013, 311 ss.

Cras – De Matteis, The directive on the right to interpretation and Translation in Criminal Proceedings, in EUCrim 2010, 153-161

Besso, Cooperation in the Taking of Evidence: The European Attitude, International Journal of Procedural Law, 2012, 68-87.

Cuniberti, The recognition of foreign judgments lacking reasons in Europe: access to justice, foreign court avoidance, and efficiency, I.C.L.Q. 2008, 57(1), 25-52

Davenport, Forum Shopping in the Market, The Law Quarterly Review, 1995, 366-371

D’Alessandro, Choosing Among the Three Regulations Creating a European Enforcement Order (EEO Regulation, EOP Regulation, ESCP Regulation): Practical Guidelines, Int’l lis, 2010, 1, 39-50

Kramer, Small Claim, Simple Recovery? The European Small Claims Procedure and Its Implementation in the Member States, ERA Forum: Journal of European Law, Vol. 1, 2011, 119-134

For students who do not attend classes:

G. Van Calster, European Private International Law, Hart Publishing, 2013, 19-124.

S. Miettinen, Criminal Law and Policy in the European Union, Routledge 2013, 176-238

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