Contenuto
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UNITA' DI RICERCA
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Research program
Judicial cooperation in civil and criminal matters within the European Union. Experiences, results and perspectives.University Co-ordinator
Università degli Studi di MILANO - Diritto processuale civile - MILANO(MI)Research Unit Leader
Elena MERLINDescription
On the basis of the state of the art, as it has been explained in paragraph 2.4, the general objective pursued by the research unit belonging to the University Statale of Milan is to verify the existence of limits to the movement of civil judgements within the European area of justice and, if possible, to determine and identify them.During the first phase of its activity, the unit will aim at finding not only all doctrinal contributes dealing with the topics of the research, but also every decision that national judges or the European Court of justice have pronounced upon the recognition of foreign decisions and its limits.
During the second phase, in the light of the rules described in par. 2.4 and of the results reached at the end of the first part of the research, the unity will aim at analysing all the difficulties and problems connected with the free movement of national civil judgements within the European area of justice, taking in particular consideration the solutions to the problems illustrated above.
The contribution to such a research appears more and more important if one has regard to the fact that, thanks also to all the (Italian and foreign) doctrinal comments dealing with the judicial cooperation in civil matters in the strict sense (which means, in particular, Reg. No.44/2001), the commentators have rarely concentrated on its more specific aspects like the exact configuration of the limits which are still impeding the recognition of the foreign res iudicata within the European area of justice.
The last phase of the project will consist of a general reconstruction of the European judicial solutions to such a problem, in order to reach some critical conclusions.
