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 and will take place online. For online lessons, please access the e-learning platform "Moodle" to find the respective Zoom link, where also the link to Panopto cloud with all recordings is available.
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 e-learning platform "Moodle".
|C. Honorati, M.C. Baruffi||Codice del diritto internazionale privato della famiglia||Pacini Giuridica||2019||978-88-3379-011-4||Tutti gli Studenti sono tenuti ad accompagnare lo studio del manuale con il Codice indicato. | All Students are required to support the study with this book.|
|I. Queirolo||EU law and family relationships. Principles, rules and cases||Aracne||2015||9788854878624||Only for the Erasmus Students who choose to take the exam orally in English.|
|L. Carpaneto, F. Pesce, I. Queirolo||La "famiglia in movimento" nello spazio europeo di libertà e giustizia||G. Giappichelli Editore||2019||9788892130760||A tutti gli Studenti è richiesto lo studio del manuale indicato. | All Students are required to prepare the exam on this textbook, except for the Erasmus Students taking the exam in English.|
An oral test is required for both Italian and Erasmus students, and covers the whole course’s programme.
In particular, 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.
More information on the oral test will be provided in due course.