Multilevel, multiparty and multisector cross-border litigation in europe
A.A. 2022/2023
Obiettivi formativi
Aims of the course
· Acquiring knowledge of the principles, rules and praxis governing cross-border litigation in civil and commercial matters in Europe, with a particular focus on the relationships between national courts and European Courts, on multiparty disputes brought through the collective redress mechanism and on the main procedural issues related to cross-border litigation in different strategic sectors (financial law disputes; IP law disputes; labour law disputes; environmentale litigation)
· Acquiring knowledge on the main legal sources governing cross-border litigation in Europe (national laws; European Regulations; international treaties and conventions; the case law of the European Court of Human Rights and the Court of Justice of the European Union) and on their relations and coordination, highlighting all the European implications of civil and commercial litigation before domestic courts, in terms of the impact of EU legislation on the main steps of judicial proceedings, the role and effect of the CJEU's and the ECtHR's case law, the relationship between the latter European courts and national courts, the cooperation among different EU courts.
· Acquiring knowledge on the functioning of the European Court of Human Rights and the Court of Justice of the European Union and on the importance of fundamental procedural rights in cross-border litigation in Europe, as defined by European regulations and international treaties, as well as by the case law of the ECtHR and the CJEU)
· Making autonomous judgments on legal issues related to cross-border litigation and solving complex legal problems by applying the different sources to practical cases; developing legal arguments, in general and in respect of special fields (cross-border financial, competition, IP and labour law disputes)
· In general, acquiring a particular EU angle and perpsective of the field of civil and commercial litigation, which in Italian universities is mostly studied and taught from a purely domestic perspective. However, civil litigation in a cross-border dimension presents greater complexity than domestic litigaton, due to differences in legal traditions and regimes, as well as in cultural and social values among jurisdictions. A recent EU Study (JUST/2014/RCON/PR/CIVI/0082) shows that M.S.'s procedural law regimes are still far from being harmonized, what negatively impacts on free circulation of judgments, equivalence and effectiveness of procedural protection and the functioning of the internal market.
· Acquiring knowledge of the principles, rules and praxis governing cross-border litigation in civil and commercial matters in Europe, with a particular focus on the relationships between national courts and European Courts, on multiparty disputes brought through the collective redress mechanism and on the main procedural issues related to cross-border litigation in different strategic sectors (financial law disputes; IP law disputes; labour law disputes; environmentale litigation)
· Acquiring knowledge on the main legal sources governing cross-border litigation in Europe (national laws; European Regulations; international treaties and conventions; the case law of the European Court of Human Rights and the Court of Justice of the European Union) and on their relations and coordination, highlighting all the European implications of civil and commercial litigation before domestic courts, in terms of the impact of EU legislation on the main steps of judicial proceedings, the role and effect of the CJEU's and the ECtHR's case law, the relationship between the latter European courts and national courts, the cooperation among different EU courts.
· Acquiring knowledge on the functioning of the European Court of Human Rights and the Court of Justice of the European Union and on the importance of fundamental procedural rights in cross-border litigation in Europe, as defined by European regulations and international treaties, as well as by the case law of the ECtHR and the CJEU)
· Making autonomous judgments on legal issues related to cross-border litigation and solving complex legal problems by applying the different sources to practical cases; developing legal arguments, in general and in respect of special fields (cross-border financial, competition, IP and labour law disputes)
· In general, acquiring a particular EU angle and perpsective of the field of civil and commercial litigation, which in Italian universities is mostly studied and taught from a purely domestic perspective. However, civil litigation in a cross-border dimension presents greater complexity than domestic litigaton, due to differences in legal traditions and regimes, as well as in cultural and social values among jurisdictions. A recent EU Study (JUST/2014/RCON/PR/CIVI/0082) shows that M.S.'s procedural law regimes are still far from being harmonized, what negatively impacts on free circulation of judgments, equivalence and effectiveness of procedural protection and the functioning of the internal market.
Risultati apprendimento attesi
At the end of the course, students will have an advanced knowledge of:
- fundamental features of litigating and arbitrating cross-border civil and commercial disputes in Europe;
- a peculiar EU's angle into a legal field (civil litigation) usually dealt with only from a national perspective;
- fundamental Procedural Rights in light of the ECHR and CJEU case law;
- theoretical and practical problems arising out of the overlap and possible clashes between adjudicatory bodies of different character (judicial courts, arbitral tribunals, supranational courts based on international treaties or conventions);
- an overall picture of the collective redress mechanisms, from a comparative, European and transnational perspective. A mechanism which, in the globalized world, will become more and more relevant to protect different types of collective rights (healts, economic assets, environment, consumers' protection, IP rights );
- fields which are of strategic importance and very relevant for their future career in law (especially in international and multicultural environments, such as: international law firms, international organizations, European institutions, international courts and tribunals, arbitral institutions, foreign universities and research centers), thus enhancing their level of employability; indeed, the future of legal profession is undisputably international. This follows from the steady globalization of economies, the integration of legal systems and the enhanced people, workers and professionals' mobility across Europe. Therefore, lawyers and judges involved in civil litigation will increasingly need to be familiar, knowledgeable and expert in the theoretical and practical aspects of cross-border litigation in Europe;
- the basic principles and rules of of written and oral legal advocacy (in Englsih), including the ability to organize and present legal arguments in a clear, fluid and convincing manner the ability to draft legal memorials or memorandum both for claimants and respondents the ability to plead orally in front of a court or a tribunal;
- a multidisciplinary approach whereby to deal with the field of cross-border litigation, on one hand, due to wide range of topics covered by the course, which transcend international civil procedure (the teaching staff's main area of expertise) and encompass European Union Law, International Law, Private Internatioanl Law, Constitutional Law, as well as Financial, IP, Labour and Family Law); on the other hand, due to the involvement in the teaching staff - in the academic course and in the events which will be annually organized within the Jean Monnet Module 2020-2023 - of academic and legal professionals from different jurisdictions, with different legal background and with different legal expertise; finally, due to the fact that the course will be addressed no only to Italian and foreign students (undergraduate, Ph.D/LL.M. candidates) enrolled at Università degli Studi, Milan, but also to Italian and foreign legal professionals (lawyers, judges, notaries);
- the actual functioning of leading European Institutions (the European Court of Human Rights; the Court of Justice of the European Union; Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law), thanks to a series of study-visits organized annually after the course (i.e. in the Fall semester).
In addition, the Host Institution of the Jean Monnet Module on Multilevel, Multiparty and Multisector Cross-Border Litigation in Europe (i.e. Università degli Studi di Milano) will broaden its range of academic courses on EU related studies, thus enhancing its international reputation and attractivity. At European level, the project might convince many foreign students to enroll for a semester in our Law.
As the Module's activities will also be implemented within the framework of the Centre of Research EUTraDis (https://sites.unimi.it/translitigation/), there will be room for developing relations with similar Centres or Institutes in other jurisdictions, both in the EU and outside the EU, raising interest in foreign colleagues to contact us for developing joint research projects and other forms of cooperation.
The Jean Monnet Module's outputs might be a valuable tool for Italian and EU Institutions' policy-makers.
At local (Milan), national (Italy) and European level, the Module's activities will provide lawyers and judges, still unfamiliar with cross-border litigation, with a valuable tool for coping with it in their profession.
- fundamental features of litigating and arbitrating cross-border civil and commercial disputes in Europe;
- a peculiar EU's angle into a legal field (civil litigation) usually dealt with only from a national perspective;
- fundamental Procedural Rights in light of the ECHR and CJEU case law;
- theoretical and practical problems arising out of the overlap and possible clashes between adjudicatory bodies of different character (judicial courts, arbitral tribunals, supranational courts based on international treaties or conventions);
- an overall picture of the collective redress mechanisms, from a comparative, European and transnational perspective. A mechanism which, in the globalized world, will become more and more relevant to protect different types of collective rights (healts, economic assets, environment, consumers' protection, IP rights );
- fields which are of strategic importance and very relevant for their future career in law (especially in international and multicultural environments, such as: international law firms, international organizations, European institutions, international courts and tribunals, arbitral institutions, foreign universities and research centers), thus enhancing their level of employability; indeed, the future of legal profession is undisputably international. This follows from the steady globalization of economies, the integration of legal systems and the enhanced people, workers and professionals' mobility across Europe. Therefore, lawyers and judges involved in civil litigation will increasingly need to be familiar, knowledgeable and expert in the theoretical and practical aspects of cross-border litigation in Europe;
- the basic principles and rules of of written and oral legal advocacy (in Englsih), including the ability to organize and present legal arguments in a clear, fluid and convincing manner the ability to draft legal memorials or memorandum both for claimants and respondents the ability to plead orally in front of a court or a tribunal;
- a multidisciplinary approach whereby to deal with the field of cross-border litigation, on one hand, due to wide range of topics covered by the course, which transcend international civil procedure (the teaching staff's main area of expertise) and encompass European Union Law, International Law, Private Internatioanl Law, Constitutional Law, as well as Financial, IP, Labour and Family Law); on the other hand, due to the involvement in the teaching staff - in the academic course and in the events which will be annually organized within the Jean Monnet Module 2020-2023 - of academic and legal professionals from different jurisdictions, with different legal background and with different legal expertise; finally, due to the fact that the course will be addressed no only to Italian and foreign students (undergraduate, Ph.D/LL.M. candidates) enrolled at Università degli Studi, Milan, but also to Italian and foreign legal professionals (lawyers, judges, notaries);
- the actual functioning of leading European Institutions (the European Court of Human Rights; the Court of Justice of the European Union; Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law), thanks to a series of study-visits organized annually after the course (i.e. in the Fall semester).
In addition, the Host Institution of the Jean Monnet Module on Multilevel, Multiparty and Multisector Cross-Border Litigation in Europe (i.e. Università degli Studi di Milano) will broaden its range of academic courses on EU related studies, thus enhancing its international reputation and attractivity. At European level, the project might convince many foreign students to enroll for a semester in our Law.
As the Module's activities will also be implemented within the framework of the Centre of Research EUTraDis (https://sites.unimi.it/translitigation/), there will be room for developing relations with similar Centres or Institutes in other jurisdictions, both in the EU and outside the EU, raising interest in foreign colleagues to contact us for developing joint research projects and other forms of cooperation.
The Jean Monnet Module's outputs might be a valuable tool for Italian and EU Institutions' policy-makers.
At local (Milan), national (Italy) and European level, the Module's activities will provide lawyers and judges, still unfamiliar with cross-border litigation, with a valuable tool for coping with it in their profession.
Periodo: Secondo semestre
Modalità di valutazione: Esame
Giudizio di valutazione: voto verbalizzato in trentesimi
Corso singolo
Questo insegnamento non può essere seguito come corso singolo. Puoi trovare gli insegnamenti disponibili consultando il catalogo corsi singoli.
Programma e organizzazione didattica
Docente/i
Ricevimento:
Giovedì ore 11.00
Università degli Studi di Milano - Istituto di Diritto Processuale Civile - 4to piano - Via Festa del Perdono 3 - 20122 Milano