HARMONIZATION OF PRIVATE LAW AND DISPUTE RESOLUTION IN THE EUROPEAN UNION


Description
Course summary:
The European Union has undergone a process of harmonization of Private Law and Private International Law during the last decades. This has led to an increase in the number of transnational private disputes in Europe. Common rules on jurisdiction in civil and commercial matters have been developed to cope with this situation, as well as rules on recognition and enforcement of foreign judgments. The system is now affected by the development of the notion of “access to justice” and the inclusion within this term of arbitration and mediation. The course will approach the process of harmonization of Private law and Private International Law in the EU and some of the most relevant choice of law EU instruments will be approached. At the same time the basic rules on jurisdiction and enforcement in civil and commercial matters will be studied as well as their interaction with ADR devices, especially with mediation.

Course topics:

1. Basis of the EU legal system.
2. The process of harmonization of Private Law and Private International Law in the EU: basic traits and results.
3. Dispute resolution in international contracts in the EU: jurisdiction and choice of law.
4. The use of mediation in civil and commercial matters in the EU: basis and effects

Organization and evaluation of the course:

Students will be invited to prepare a paper dealing with one of the different topics provided to them in advance, and to expose it during the lectures.
The final evaluation of the course will take into account the paper and its exposition (30%) and the final exam taken by the student (70%).