European Union Law (advanced)
Scientific Disciplinary Sector (SSD)
IUS/14 - EUROPEAN UNION LAW
1° periodo di lezioni dal Oct 1, 2018 al Dec 14, 2018.
The course of Advanced European Union Law illustrates the legal instruments and the methodological approach required to pursue the study of private and procedural international law regarding family matters. It is therefore aimed at providing the students with legal categories and tools that are specific of this law field as applied in the sector at issue.
The main EU acts will be thoroughly examined, in particular Regulation No. 2201/2003 on matrimonial matters and parental responsibility, Regulation No. 1259/2010 on the law applicable to divorce and legal separation and Regulation No. 4/2009 on maintenance obligations. Much attention will also be paid to the 1980 Hague Convention on international child abduction in order to analyse its relation with the European law acts, as well as the 1996 Hague Convention, which has been ratified by Italy only in 2016. After introducing the subject matter of the above-mentioned acts, the course will implement a practice-oriented perspective by analysing the relevant international and domestic case law, as well as by solving actual cases.
An outline of Regulation No. 650/2012 in matters of succession and Regulations No. 2016/1103 and No. 2016/1104 on matrimonial property regimes and property consequences of registered partnerships will also be given.
Upon completion of the course the student should be able to:
- know and understand the legal categories and instruments that are specific to European private and procedural international law regarding family matters;
- carry out critical analysis with regard to the issues discussed in the course, by applying them in the resolution of case studies and referring to the relevant case law;
- express orally the acquired knowledge, also showing proper command of the legal jargon.
In summary, the following topics will be covered
- INTRODUCTION: the Amsterdam Treaty and the “communitarization” of private and procedural international law. The evolution of EU competence regarding family law matters.
- BASIC NOTIONS: the concept of family employed by EU legislative acts and European Court of Justice case law: definitions of marriage, partner and child. Other family relationships. The protection of family and recognition of familiar status. Decisions in matrimonial and parental responsibility matters.
- LEGISLATIVE FRAMEWORK: Regulation No. 2201/2003 on jurisdiction, recognition and enforcement of decisions in matrimonial and parental responsibility matters. Scope of application, rules on jurisdiction and on recognition and enforcement of decisions. The 1980 Hague Convention on the civil aspects of international child abduction. The 1996 Hague Convention on the protection of children. Regulation No. 1259/2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation. Maintenance obligations regulated by EU private international law. Maintenance obligations between family members. Regulation No. 4/2009. Regulation No. 650/2012 regarding succession matters. Regulations No. 2016/1103 and 2016/1104 on matrimonial property regimes and property consequences of registered partnerships, respectively.
Classes are taught in Italian.
Classes will be held in the form of seminars and, therefore, the teaching methods need to be distinguished between attending and non-attending students.
As for attending students, the teaching will comprise both lectures focused on the study of the basic notions and legal sources regarding European family law and practical lectures during which the relevant case law will be discussed and actual cases will be solved.
Moreover, during the course some lectures may be held by family law experts (both academics and practitioners), with the aim of deepening specific topics that are particularly relevant in the given law field.
The teaching materials used during the course (legal texts and selected case law) will be provided to the students through the University e-learning platform.
As for non-attending students, the teaching methods will consist in the study of the proposed textbook (also taking into account the more recent legislative updates), to which the teacher can offer her support.
I. QUEIROLO, L. SCHIANO DI PEPE, Lezioni di diritto dell’Unione europea e relazioni familiari, G. Giappichelli Editore, Torino, terza edizione, 2014.
Erasmus students may choose to take the exam:
- orally in Italian, studying on the same textbook and according to the same course syllabus as Italian students;
- orally in English, studying on the following textbook: I. QUEIROLO, EU law and family relationships. Principles, rules and cases, Aracne, Roma, 2015.
||EU law and family relationships. Principles, rules and cases
||Testo di riferimento per studenti Erasmus che scelgono di sostenere la prova d'esame oralmente in lingua inglese. | Textbook for Erasmus students who choose to take the exam orally in English.
|I. Queirolo, L. Schiano di Pepe
||Lezioni di diritto dell’Unione europea e relazioni familiari
An oral test is required for both Italian and Erasmus students, and covers the whole course’s programme.
For both attending and non-attending students, the oral examination is aimed at assessing
- the acquired knowledge and the ability of linking different topics;
- the legal reasoning regarding the specific law field on which the course focuses;
- language and legal terminology skills;
- analytical and argumentative abilities.