Programme

The introduction of the course concerns the roots and the development of European legislation in civil procedural matters. The course shall be divided in two parts.
The first one concerns main topics of Transnational Principles to European Rules of Civil Procedure made from European Law Institute (ELI) and International Institute for the Unification of Private Law (UNIDROIT). The second part concerns the study of some of the most important european procedural statutes in civil matters, distinguishing adjudication proceedings from enforcement ones. Specific emphasis shall be given to Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations; Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000; Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession; Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims; Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure; Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters; Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure; Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000; Regulation (EU) No 655/2014 of the European Parliament and of the Council of 15 May 2014 establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters: Regulation (EU) 1111/2019, concerning the jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction.

Core Documentation

1) Vesna Rijavec, Wendy Kennett, Tomaž Keresteš, Tjaša Ivanc (Ed. by), Remedies Concerning Enforcement of Foreign Judgements: Brussels I Recast, 2018, Kluwer Law International;

2) Eli-Unidroit Model European Rules of Civil Procedure from Transnational Principles to European Rules of Civil Procedure, 2021, Oxford University Press *.

* The text of this book can be downloaded free of charge from the website www.unidroit.org

Type of delivery of the course

The Course consists of frontal lessons, with the analysis of the relevant EU Regulations and cases. The possibility of providing students with judgments issued by the Court of Justice, conclusions of advocates-general or judgments issued by national Courts must also be taken into consideration. A discussion and comparison may then be directly made in classroom.

Attendance

Attending students can use only the lecture registration/written notes to pass the exam.

Type of evaluation

Oral exam