Student guide Faculty of Law A.Y. 2010/11

The course builds upon the general ideas imparted in the preceding International Law course to further expand upon certain aspects of the regulation of private relationships across national borders.
Students will examine the "communitarization" of private international law, and the principal regulatory acts adopted to this end. In fact, pursuant to the new powers introduced by the 1997 Amsterdam Treaty, the European community has been issuing a series of regulations that profoundly alter certain portions of the private international law of the individual member states.
Particular attention is devoted to Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters, which supersedes the Brussels Convention of 1968. The above Regulation will be studied in the light of the practices which became established under the 1968 Convention, particularly within the European court of justice, as these continue to provide an essential key for interpretation and understanding.
The course will also detail the proposals currently being examined by the community institutions, particularly with regard to the problem of conflict of laws.
Given the characteristics of the subject-matter, the teaching method will consist predominantly of seminars

1. The "communitarization" of private and procedural international law.
1.1 Community powers on the matter (title IV of the EC Treaty).
1.2 Art. 65 of the EC Treaty and its scope.
1.3 The principal regulatory acts adopted, and those being formulated.

2. The Regulation EC 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters (the "Brussels I" regulation).
2.1 The system of jurisdictions: courts of general jurisdiction, concurrent jurisdiction, special jurisdiction, exclusive jurisdiction. In particular: jurisdiction over contractual obligations (art. 5 n. 1); jurisdiction in matters relating to tort (art. 5 n.3); agreements for extension of jurisdiction (art. 23).
2.2 Simultaneous pendency and connection.
2.3 Circulation of judgements within the European community. Automatic recognition and enforcement of judgements.

3. The Regulation EC 2201/2003 on jurisdiction, recognition and enforcement of judgements in matrimonial matters and matters of parental responsibility.
3.1 The precursor of regulation EC 1347/2000 (the "Brussels II" regulation).
3.2 The regulations on matters of jurisdiction.
3.3 Simultaneous pendency.
3.4 Recognition and enforcement of judgements.

4. Council Regulation (EC)1346/2000 on insolvency proceedings.
4.1 Main and secondary insolvency proceedings and their coordination. Concept of the debtor's centre of main interest.
4.2 Regulations on the applicable law.
4.3 Recognition and enforcement of judgements.

5. The acts currently being formulated. In particular, the acts relating to the conflict of laws.
5.1 The 1980 Rome Convention on the law applicable to contractual obligations, and its future conversion into a community act.
5.2 General outline of the current regulation: connection criteria; special regulations on consumer contracts and on employment contracts; the necessary implementing regulations.
5.3 The proposal of a community regulation dealing with the law applicable to extra-contractual obligations (the proposal for a "Rome II" regulation).

There will be an oral examination at the end of the course.

For students who do not attend lectures:
De Cesari, P., Diritto internazionale privato e processuale comunitario. Atti in vigore e in formazione nello spazio di libertà, sicurezza e giustizia, Giappichelli, Torino, 2003 (with the exception of ch. VI).

For students who attend lectures:
In addition to the legal manual as a basic reference textbook, the reading list comprises the study materials distributed in class on the various topics covered during lectures.