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 2017/2018

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

The course of "Criminal and Civil Procedural Law of the EU" will introduce students to the EU instruments of judicial cooperation in criminal and civil matters.
It will be divided  in two parts.  The first half will be devoted to judicial cooperation in civil matters. The second part will deal with EU judicial cooperation in criminal matters also in relationship with the ECHR.

Risultati dell'apprendimento attesi

Students must demonstrate their skills in solving criminal and civil cases concerning European procedural law.

Modalità di insegnamento

The approach of teaching will be aimed at stimulating the active participation of students. In particular, students will be encouraged to engage in analysis and solution of practical cases and to deliver presentations of crucial cases.

Modalità di verifica dell'apprendimento

For students who attend the course:

 written examination consisting of two open questions, one for each part of the program (time allowed: 1 hour) + evaluation on the basis of class participation. Please note that class participation will count around  50 % of the final grade.

For students  who do not attend classes:

Written examination consisting of four open questions, two for each part of the program. Time allowed: 2 hours.

Programma

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), and by the directive on EIO. 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 last negotiations.

For students who attend classes:

During classes, a selection of readings from various sources will be suggested.

For students who do not attend classes:

1) T. HARTLEY, International Commercial Litigation, 2nd Ed., Cambridge University Press 2015

pages: 18-33; 44-72; 179-192; 261-284; 349-395.

2) A. KLIP, European Criminal Law, 3rd Ed., Intersentia 2016

pages: 15-50; 133-174; 247-350.

Note

Tabella degli orari

STUDENTS GETTING A POSITIVE MARK FOR THIS EXAM CAN OBTAIN 3 CFU IN ENGLISH LANGUAGE

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