European Union Law (advanced) (2016/2017)

Course code
4S01093
Name of lecturer
Maria Caterina Baruffi
Coordinator
Maria Caterina Baruffi
Number of ECTS credits allocated
6
Academic sector
IUS/14 - EUROPEAN UNION LAW
Language of instruction
Italian
Location
VERONA
Period
1° periodo di lezioni dal Oct 3, 2016 al Dec 16, 2016.

Lesson timetable

Learning outcomes

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, as well as the 1996 Hague Convention, which has been recently ratified by Italy. 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 Regulations No. 2016/1103 and No. 2016/1104 on matrimonial property regimes and property consequences of registered partnerships 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.

Syllabus

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. 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.

Assessment methods and criteria

Oral examination.

Teaching aids

Documents

STUDENT MODULE EVALUATION - 2016/2017