The course of Advanced European Union Law takes into consideration the study of private and procedural international law regarding the family law field. 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 analyze its relation with the European law acts. After introducing the subject matter of the above-mentioned acts, the course will deal with actual cases drawn from case law of both supranational and national courts. An outline of Regulation No. 650/2012 in matters of succession and of the proposals on property regimes will also be given.
The course aims to provide an exhaustive frame of the development of European Union competences in this law field and, more generally, in the area of free movement of people and family reunification, both of European and third-country citizens.
The Amsterdam Treaty and the “communitarization” of private and procedural international law. The evolution of EU competence regarding family law matters. 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. The legislative framework: Regulation No. 2201/2003 on jurisdiction, recognition and enforcement of decisions in matrimonial and parental responsibility matters. Scope, rules on jurisdiction and on recognition and enforcement of decisions. The 1980 Hague Convention on the civil aspects of international child abduction. 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 in matters of succession and the proposals regarding property regimes. Free movement of people within the EU, with particular reference to family reunification: directives 2004/38 and 2003/86.