Private International Family Law

The rise in migration flows and the free movement of EU citizens within the Union has led to an increase in family relationships between citizens of different States. Identifying the legal framework of such relationships has become essential for a growing number of people. Cross-border family relationships are no longer governed exclusively at the national level, but are subject to the legislation of the European Union, which has been gradually building a common system of private international rules concerning family matters. These are complemented by the legal provisions on the free movement of people within the EU. The course is divided into three modules:
1) The first module is designed to provide students with a basic overview of the current legal framework of private international law, which includes all the rules on applicable law and jurisdiction in case of any dispute, as well as rules on the recognition and enforcement of foreign judgements;
2) The second module provides a theoretical introduction to some general questions of private international law on family matters. The goal is for students to be equipped with the right tools to identify the applicable law, and to learn the correct methodological approach to deal with legal issues involving "transnational families". This will be achieved by analysing case studies;
3) The third module aims to illustrate the legal concepts of Italian and European citizenship, and the status of foreign citizens (especially citizens of non-EU countries, also known as third-country nationals) in light of national and supranational legislation. Moreover, through the study of the relevant judicial and administrative case law, students are trained to apply this theoretical knowledge to real-life situations.

By the end of the course, students should have gained a solid knowledge and understanding of the basic legal issues relating to personal status (such as the legal status of Italian citizens, EU citizens and third-country nationals) and family relationships, in situations involving a conflict of laws. Moreover, they should be able to put into practice their knowledge and understanding of the various principles and rules governing personal status and family relationships, with a view to their practical implementation in real cases, within the framework of the multilevel protection provided by national, European and international courts. To this end, students will become familiar with the mechanisms that govern the interaction and coordination between the various sources of law (national laws, EU legislation, international laws), and the remedies offered by the different national and supranational courts. Furthermore, three specific skills will be acquired through the course. The first is the ability to operate with a high degree of autonomy within the relevant legal framework, using various legal research tools (institutional websites, databases, digital libraries), and to assess specific real-life cases through an autonomous and critical interpretation of the legal sources. Secondly, students will develop advanced communication skills (in the language chosen by each student for her/his studies), by learning how to properly use legal terminology. This will enhance their ability to interact in multilingual contexts and to play an active role in judicial cooperation at the European and global level. Thirdly, students will be able to critically assess future legislative and jurisprudential developments and to further study the subject on their own. This will help them broaden their toolbox, with a view to pursuing specialised studies or accessing the job market.