50169 - EU PRIVATE INTERNATIONAL LAW

Private international law is the subject studied in this course. Private international law covers three main areas: national courts' jurisdiction to decide cases with foreign elements; recognition and enforcement of national courts' decisions from other national jurisdictions; conflict of laws, the system to choose what law is to govern the resolution of international issues in dispute. Every Country has its own conflict of laws, and so does Italy. Since 1999, the private international law of the EU Member States has been increasingly regulated by the European Union, making private international law ever less 'national' and ever more EU based. The course is mainly focused on the EU system. A brief presentation of the Italian system (for the benefit of the Italian students) is held in Italian.

Introduction to Private International Law

• The three processes of Private International Law: jurisdiction, applicable law and recognition
• EU PIL system: from national rules to the integration model
• Civil and Commercial Jurisdiction in the EU: the Brussels I Regulation
• Applicable Law to Contracts: the Rome I Regulation
• Applicable Law to Torts: the Rome II Regulation
• Free movement of establishment, lex societatis and PIL
• Brief presentation of the Italian system of Private International Law (not compulsory for exchange students)

• Understand the operation of national and EU Private international law systems.
• Define cross border private relationships and identify the legal orders involved.
• Identify the applicable conflict of law provision and the applicable law.
• Identify the national courts competent to settle international disputes.
• Identify the enforceability of foreign decisions in domestic legal systems.

• Apply the appropriate Private International Law provisions to solve cross-border cases.
• Motivate the solution suggested.
• Discuss the different policy options inspiring different private international law regalutory choice.
• Explain the connection between EU economic integration process and the Private international law regulations.

• Face-to-face lectures
• Case studies /Incidents (traditional, online)
• Individual assignments
• Group assignments

Students are also assigned Court Judgments to be discussed in class. Because of the course’s set up, the need to discuss the case law in class, as well as the need to learn how to solve hypothetical cases, a committed and pro-active attendance is highly recommended.

The main assessment method, which is the same for attending and non-attending students, is the final general exam consisting of two case-based questions to be answered in 90 minutes. 

Students can also split the exam in two partial exams. A first mid-term exam, which will consist of one case-based question to be answered in 45 minutes on topics treated in the first half of the semester. The second end-of-term exam  will consist of one case-based question to be answered in 45 minutes on topics treated in the second half of the semester.

To provide a broader asset for evaluation, students attending the practical sessions will also enjoy the possibility of including the assignments submitted during these sessions in the calculation of their final grades. The calculation will be realized as follows: an average of the grades of all the assignments submitted, minus the lowest one, will account for 50% of the final grade of the course, only as far as it increases this final result. Thus, practical sessions are important in ensuring a hands-on approach to the topics, an exchange with colleagues during teamwork, and training on the practical application of concepts analyzed during the lectures. 

• G. VAN CALSTER, European Private International Law, Oxford, Hart Pub., latest edition.
• Other teaching materials (slides, Court decisions, legislations, comments) are announced before each class and uploaded to the Bboard platform.