Corsi di Studio del Dipartimento di Giurisprudenza

Criminal and civil procedural law of the EU

Criminal and civil procedural law of the EU

Anno accademico 2014/2015

Sommario insegnamento

• Obiettivi formativi
• Risultati dell'apprendimento attesi
• Modalità di insegnamento
• Modalità di verifica dell'apprendimento
• Programma
• Testi consigliati e bibliografia
• Note
• Strumenti didattici

Obiettivi formativi

Part 1. Judicial cooperation in civil matters

The first part of the course will focus primarily on Regulation No 1215/2012 ( Brussels I Recast Regulation) on jurisdiction and the recognition and enforcement of judgments, authentic instruments and court agreements in civil and commercial matters. Particular 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 Regulations 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.

Part. 2 - 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 paid to the theme of the right to access to a lawyer in criminal proceedings. The expiring date to implement Dir. 2013/48 is still quite far, but the matters at stake are of pivotal importance: a discussion will be held through the class in order to check the diffrences between the different MS domestic rules. It will be of great interest to know the opinion of non EU students.

Then, the matter of the future of the European Public Prosecutor Office (according to art. 86 TUE) will be dealt in the light of the text that will be presented at the end of the Italian Presidency semester.

Risultati dell'apprendimento attesi

Students must be able to demonstrate their ability in the subjects in question.

Modalità di insegnamento

Modalità di verifica dell'apprendimento

Students evaluation will be based on class participation

Programma

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

For students who attend the course:

A selection of readings from various sources will be used.


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.

Note

Tabella degli orari

• Materiale didattico
• Bacheca appelli
• Vai a Moodle
• Visita i forum