Conference: “EU Harmonization of Private International Law and External Relations in Family and Succession Matters”

An international conference (held in English) is organised by University Carlo Cattaneo (LIUC) on 9-10 March 2007. It will present the results of the Research Project "EU Harmonisation of Private International Law and External Relations in Family and Succession Matters", carried out by a group of European scholars and funded by the European Community under the Framework Programme for Judicial Cooperation in Civil Matters 2005.

The conference will deal with the increasing legislative activity of the EC in the field of private international law of family and successions, starting from Regulation (EC) No 2201/2003 (Brussels IIbis) to the recent Draft regulations and Green Papers adopted in 2005 and 2006, which embrace all P.I.L. aspects (jurisdiction, recognition and enforcement of judgments and applicable law).

Special attention will be devoted to the external dimension of EC action in the field:

Among the various issues raised by these acts, those concerning the relations with third States are particularly important and delicate, even because they shed light on the general characters of the emerging EC system of private international law. On the one hand, the issue of the external competence in this field is to be assessed, in the light of the ECJ’s ruling in the Lugano Opinion of 7 February 2006. On the other hand, special attention will be given to the scope of these acts in so far as private relations connected with third countries are concerned.

Here’s a short presentation of the programme:

Friday 9 March 2007

15.00 Welcome and Introduction

  • Mario Zanchetti (Dean of the Law Faculty)
  • Alberto Malatesta (Director of the Law Department)

EC EXTERNAL RELATIONS AND PRIVATE INTERNATIONAL LAW

Chair: Fausto Pocar (University of Milan)

The Lugano Opinion and its Consequences in Family and Succession Matters

  • Alberto Malatesta (University Carlo Cattaneo – LIUC)
  • Discussant: Andrea Santini (Catholic University of Milan)

Bilateral Agreements with third States after the Lugano Opinion

  • David McClean (University of Sheffield)
  • Discussant: Stefania Bariatti (University of Milan)

18.00 General Discussion

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Saturday 10 March 2007 – Morning Program

GENERAL PROBLEMS OF EC PRIVATE INTERNATIONAL LAW WITH REGARD TO RELATIONS WITH THIRD STATES

09.50 FIRST SESSION:

JURISDICTION, RECOGNITION AND ADMINISTRATIVE COOPERATION IN FAMILY AND SUCCESSION MATTERS

Chair: Alegría Borrás (University of Barcelona)

Conflicts of Jurisdiction

  • Etienne Pataut (University of Cergy Pontoise)
  • Discussant: Andrea Bonomi (University of Lausanne)

Recognition and Enforcement of Judgments

  • Marta Pertegás (University of Antwerp)
  • Discussant: Roberto Baratta (University of Macerata)

Administrative Cooperation

  • William Duncan (Hague Conference on Private International Law)

12.15 General Discussion

13.00 Lunch

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Saturday 10 March 2007 – Afternoon Program

14.30 SECOND SESSION:

APPLICABLE LAW IN FAMILY AND SUCCESSION MATTERS

Chair: David McClean (University of Sheffield)

Connecting Factors, Renvoi, Party Autonomy

  • Kurt Siehr (University of Zurich)
  • Discussant: Peter McEleavy (University of Dundee)

Public Policy

  • Ted M. de Boer (University of Amsterdam)
  • Discussant: Johan Meeusen (University of Antwerp)

Characterisation and Interpretation

  • Carmen Parra (University Abat Oliba CEU)
  • Discussant: Luigi Fumagalli (University of Milan Bicocca)

17.20 General Discussion

17.40 Final Report

  • Alberto Malatesta (University Carlo Cattaneo – LIUC)

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The Conference is funded by the European Community under the Framework Programme for Judicial Cooperation in Civil Matters 2005 (Agreement No JLS/2005/FPC/50 – CE-0036594/00-04).

Participation is free of charge. For the full programme and contact information (including registration), see the LIUC website and the downloadable leaflet.

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