The course is intended to provide students with the legal tools and methodologies necessary to understand private and procedural international law in family matters, implementing a practice-oriented approach and analysing the relevant international and domestic case law.
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:
• the Amsterdam Treaty and the “communitarization” of private and procedural international law;
• the evolution of EU competence regarding family law matters.
II. BASIC NOTIONS
• the concept of family employed by EU legislative acts and case law of the Court of Justice of the EU: definitions of marriage, partner and child;
• other family relationships;
• the protection of family and recognition of family status;
• decisions in matrimonial and parental responsibility matters.
III. LEGISLATIVE FRAMEWORK
• Regulation No. 2201/2003 on jurisdiction, recognition and enforcement of decisions in matrimonial and parental responsibility matters;
• 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;
• Regulation No. 4/2009: maintenance obligations between family members;
• Regulation No. 650/2012 regarding succession matters;
• Regulations No. 2016/1103 and 2016/1104 implementing enhanced cooperation in the areas of 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.
For attending students:
S. ARMELLINI, B. BAREL, U. GIACOMELLI, La famiglia nel diritto internazionale. Giudice competente, diritti e tutele, Giuffrè Francis Lefebvre, 2019.
For non-attending students:
I. QUEIROLO, L. SCHIANO DI PEPE, Lezioni di diritto dell’Unione europea e relazioni familiari, G. Giappichelli Editore, Torino, terza edizione, 2014.
Both attending and non-attending students are required to support the study of the reference textbook with:
C. HONORATI, M.C. BARUFFI, Codice del diritto internazionale privato della famiglia, Pacini Giuridica, 2019.
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.
|C. Honorati, M.C. Baruffi||Codice del diritto internazionale privato della famiglia||Pacini Giuridica||2019||978-88-3379-011-4|
|I. Queirolo||EU law and family relationships. Principles, rules and cases||Aracne||2015||9788854878624||Textbook for Erasmus students who choose to take the exam in English.|
|S. Armellini, B. Barel, U. Giacomelli||La famiglia nel diritto internazionale. Giudice competente, diritti e tutele.||Giuffrè Francis Lefebvre||2019||9788828807582||Manuale di riferimento per gli studenti frequentanti|
|I. Queirolo, L. Schiano di Pepe||Lezioni di diritto dell’Unione europea e relazioni familiari (Edizione 3)||Giappichelli||2014||978-8-834-85044-2||Manuale di riferimento per gli studenti non frequentanti.|
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.