European civil procedure in a comparative and transnational perspectives

Struttura insegnamento e programma

Edizione attiva
Responsabile
Lezioni: 40 ore
Docente: Henke Albert
Programma
Outline of the Course
The Jean Monnet Module on European Civil Procedure in a Comparative and Transnational Perspective is designed to acquaint students with a comprehensive view of the principles, laws, rules and praxis of the emerging field of European Civil Procedure, analyzed in a comparative and transnational perspective. The area of European Civil Procedure can be considered a relatively new topic in the field of EU studies. Traditionally, civil procedure has always fallen within the exclusive competence of Member States. However, in the recent decades, both the EU legislation and the case law of the Court of Justice of European Union and of the European Court of Human Rights have increasingly interfered in the field of civil procedure, triggering a rethinking of traditional institutions, principles and rules and laying the foundations for a new body of European Civil Procedure. In order to provide all the participants with a systematic and comprehensive approach to the different issues dealt with, the Module will be articulated into three different parts, taught over three years. The first year will focus on Comparative Civil Procedure; the second year on European Civil Procedure; the third year on Transnational Litigation (i.e. the new field of EU Civil Procedure into a global and transnational perspective).
The course held in the academic year 2015 - 2016 (focused on Comparative Civil Procedure) will address some fundamental institutions of civil procedural law, analyzed in a comparative perspective, with a particular focus on the differences between the two main European legal traditions, i.e. civil law and common law.

Outline of the Course's Topics
The lectures will provide students with basic information and knowledge about fundamental principles, legislative regimes, scholars' debates, case law on the following topics:

· The Common Law and Civil Law Divide: an Historical Perspective
· Adjudication and State Sovereignty: the Goal of Civil Justice in the Different Legal Traditions
· The Main Components of a Judicial System (the Role, Powers and Obligations of Judges, Lawyers and Courts) in a Comparative Perspective
· The Notions of Actions and Remedies in Civil Law and Common Law Jurisdictions
· Fundamental Procedural Principles in Civil Law and Common Law Jurisdictions
· Determination and Conflicts of Jurisdictions in Civil Law and Common Law Jurisdictions (Forum Non Conveniens, Forum Shopping, Parallel Proceedings and Anti-Suit Injunctions)
· Multiple Claims, Multi-party Proceedings and Class Actions
· Evidence Taking in Common Law and Civil Law Systems
· The Concept and Content of Burden of Proof and Standard of Proof; the Judge's and Parties' Power in Relation to Evidence; the Effects of Individual Evidence
· Interim Measures and Injunctive Reliefs
· Summary and Fast-Track Proceedings, Uncontested Claims and Default Proceedings
· Appellate Proceedings in Civil Law and Common Law Jurisdictions
· The Concept and Scope of Res Judicata in Civil Law and Common Law Jurisdictions
· Overview on Some Regional and Cultural Peculiarities (in respect of systems such as Shar'ia, Chinese, Japanese and Indian Jurisdictions).
Informazioni sul programma
Moot courts and internships
The attendance to the course is positively assessed in light of the students' recruitment process for the different legal competitions sponsored by our University (the Wilelm C. Vis Moot Court in Vienna; the ICC Mediation Competition in Paris; the Philip C. Jessup International Law Moot Court Competition in Washington -), as well as for the professional internships in European law firms, entities and organizations within the Erasmus Placement Program.
Prerequisiti e modalità di esame
The final mark will consist in an overall assessment of the activities carried out by each student throughout the course. Those students who do not accept that assessment can register for an oral colloquium during the official exam sessions.
Metodi didattici
Teaching methodology
The course will combine frontal lessons, seminars held by internationally renowned specialists, an interactive teaching methodology (based on the active participation of the students through individual contributions or teamwork in the form of presentations, summaries or prepared discussions, practical sessions of written and oral legal advocacy, simulation of proceedings before different adjudicatory bodies, moot courts and mock trials). Advance reading and regular preparation are necessary prerequisite for the successful participation in the course.
During the course, a visit will be organized to attend a hearing of the High Court in London.
Throughout the entire duration of the Module, students will be involved in the creation and constant update of a website (www.ecp.unimi.it) with cases and materials related to the field of Comparative Civil Procedure, to create an open educational resource and also to promote scientific partnerships and joint ventures with other Universities, Centers of Research and Institutions active in the field.

Attendance to the course
The attendance to the course is compulsory. Only students who attend at least 75% of the course are admitted to take the final exam.
Materiale didattico e bibliografia
Lectures will be based on specific reading materials indicated prior to each lesson, and excerpts from the following reference bibliography:

O. Chase, H. Hershkoff, L. Silberman, Y. Taniguchi, V. Varano, A. Zuckerman, Civil Litigation in Comparative Context, St. Paul, 2007

M. Cappelletti, The Judicial Process in Comparative Perspective, Oxford, New York, 1989

F. Carpi, M.A. Lupoi, Essays on Transnational and Comparative Civil Procedure, Turin, 2001

X. E. Kramer, C.H. van Rhee, Civil Litigation in a Globalising World, The Hague, 2012

C. Platto, ed., Civil Appeal Procedures Worldwide, London, Boston, 1992

M. Taruffo, Abuse of procedural rights : comparative standards of procedural fairness, The Hague, 1999

A.Zuckerman, (ed.), Civil Justice in Crisis. Comparative Perspectives of Civil Procedure, Oxford, 1999
Periodo
Secondo semestre
Periodo
Secondo semestre
Modalità di valutazione
Esame
Giudizio di valutazione
voto verbalizzato in trentesimi
Docente/i
Ricevimento:
Giovedì ore 11.00