Over the last years the legislative activity of the European Community in the field of private international law has been devoting particular attention to family and succession matters, as shown by Regulation (EC) No 2201/2003 (Brussels IIbis), but also by a number of Draft Regulations and Green Papers adopted in 2005 and 2006, embracing all P.I.L. aspects(jurisdiction, recognition and enforcement of judgments and applicable law).Among the various issues raised by these acts, those concerning the relations with third States are particularly important and delicate, even because they shed light on the general characters of the emerging EC system of private international law. On the one hand, the issue of the external competence in this field is to be assessed, in the light of the ECJ’s ruling in the Lugano Opinion of 7 February 2006. On the other hand, special attention will be given to the scope of these acts in so far as private relations connected with third countriesare concerned.The topics above will be discussed in an international conference organised by University Carlo Cattaneo, with the aim of proposing specific solutions. It will present the results of theResearch Project EU Harmonisation of Private International Law and External Relations in Family and Succession Matters, carried out by a Group of European scholars.This Research was made possible thanks to the funding provided by the European Community under the Framework Programme for Judicial Cooperation in Civil Matters 2005. The proceedings of the conference will be held in English.The Conference is funded by the European Community under the Framework Programme for Judicial Cooperation in Civil Matters 2005 (Agreement No JLS/2005/FPC/50 – CE-0036594/00-04).
FRIDAY 9 MARCH 2007
DAY PROGRAM
15.00 WELCOME AND INTRODUCTION
Mario ZanchettiDean of the Law Faculty
Alberto MalatestaDirector of the Law Department
EC EXTERNAL RELATIONS
AND PRIVATE INTERNATIONAL LAW
15.30 Chair:
Fausto PocarUniversity of Milan
The Lugano Opinion and its Consequences in
Family and Succession Matters
Alberto MalatestaUniversity Carlo Cattaneo – LIUC
Discussant:
Andrea SantiniCatholic University of Milan
16.30 COFFEE BREAK
17.00
Bilateral Agreements with third States
after the Lugano OpinionDavid McCleanUniversity of Sheffield
Discussant:
Stefania Bariatti
University of Milan
18.00 GENERAL DISCUSSION
SATURDAY 10 MARCH 2007
MORNING PROGRAMGENERAL PROBLEMS OF EC PRIVATE INTERNATIONAL LAW
WITH REGARD TO RELATIONS WITH THIRD STATES
09.50 FIRST SESSION:
JURISDICTION, RECOGNITION AND ADMINISTRATIVE
COOPERATION IN FAMILY AND SUCCESSION MATTERS
Chair:
Alegría BorrásUniversity of Barcelona
Conflicts of JurisdictionEtienne PatautUniversity of Cergy Pontoise
Discussant:
Andrea BonomiUniversity of Lausanne
Recognition and Enforcement of JudgmentsMarta PertegásUniversity of Antwerp
Discussant:
Roberto BarattaUniversity of Macerata
11.30 COFFEE BREAK
11.45
Administrative CooperationWilliam DuncanHague Conference on Private International Law
12.15 GENERAL DISCUSSION
13.00 LUNCH
SATURDAY 10 MARCH 2007
AFTERNOON PROGRAM14.30 SECOND SESSION:
APPLICABLE LAW IN FAMILY AND SUCCESSIONMATTERS
Chair:
David McCleanUniversity of Sheffield
Connecting Factors, renvoi, Party Autonomy
Kurt SiehrUniversity of Zurich
Discussant:
Peter McEleavyUniversity of Dundee
Public PolicyTed M. de BoerUniversity of Amsterdam
Discussant:
Johan MeeusenUniversity of Antwerp
16.10 COFFEE BREAK
16.30 Characterisation and Interpretation
Carmen ParraUniversity Abat Oliba CEU
Discussant:
Luigi FumagalliUniversity of Milan Bicocca
17.20 GENERAL DISCUSSION
17.40 FINAL REPORT
Alberto MalatestaUniversity Carlo Cattaneo – LIUC
Faculty of Law
Corso Matteotti, 22 - 21053 Castellanza (VA)
tel. + 39 0331.572.1 - fax + 39 0331.572.320
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