030290 KU The European Law of Civil Procedure (2024S)

The objective of this course is to provide students with an overview of core issues of European procedural law in civil (including family) and commercial matters, enabling participants to discuss relevant case law and recent developments.
The Seminar starts by addressing the ongoing efforts and achievements in judicial cooperation in civil matters and the role of the judiciary in pursuing harmonization in dispute resolution. It then proceeds to offer an overview of the different instruments and procedures regulated at EU level in civil and commercial matters and family law, before tackling the dialogue between national courts and the Court of Justice of the European Union.
The Seminar merges theoretical and practical approaches. Each course unit will begin with an introduction to the main aspects of the specific topics. Students will then be encouraged to discuss the pertinent case law as well as practice on practical cases. The Seminar will ultimately allow students to acquire a basic knowledge and understanding of the relevant issues in the area of European procedural law.

1) Introduction: The Area of Freedom, Security and Justice and the role of the judiciary in Europe

2) Coordination of the national procedural systems - The Brussels I-bis Regulation (I): Scope and Jurisdiction

3) Coordination of the national procedural systems - The Brussels I-bis Regulation (II): Consumer disputes; Exclusive jurisdiction; Prorogation of jurisdiction

4) Coordination of the national procedural systems - The Brussels I-bis Regulation (III): Lis pendens; Recognition and enforcement of judgments

5) Judicial cooperation: Service

6) Judicial cooperation: Evidence

7) The “second generation” of EU Regulations on procedural law for cross-border cases: The European Order for Payment and the European Account Preservation Order

8) Judicial cooperation in family matters: Divorce and parental responsibility

9) Arbitration and EU Procedural Law