The Jean Monnet Module on “Multilevel, Multiparty and Multisector Cross-Border Litigation in Europe” is a three-year long teaching and research project funded by the European Union and implemented by Università degli Studi, Milan. It focuses on civil litigation in a cross-border dimension, which presents greater complexity than domestic litigaton, due to differences in legal traditions and regimes, as well as in cultural and social values among jurisdictions. A recent EU Study (“An evaluation study of national procedural laws and practices in terms of their impact on the free circulation of judgments and on the equivalence and effectiveness of the procedural protection of consumers under EU consumer law” – JUST/2014/RCON/PR/CIVI/0082) shows that Member States’ procedural law regimes are still far from being harmonized, what negatively impacts on free circulation of judgments, equivalence and effectiveness of procedural protection and the functioning of the internal market.

The project focuses on 3 main areas of Cross-Border Litigation in Europe.

Multilevel Cross-Border Litigation

Relations and conflicts between national courts, European courts and international tribunals.

Multiparty Cross-Border Litigation

Collective redress procedures in a comparative, European and cross-border perspective

Multisector Cross-Border Litigation

Litigation – and related procedural issues – arising out of civil and commercial transactions in different legal fields: financial law, IP law, labour law, consumer law, family law…

The project’s objectives are: to identify, by adopting a multidisciplinary approach, the most outstanding procedural issues deriving from a lack of harmonization among EU jurisdictions; to contribute to the academic debate at national, European and international level; to set the basis for future academic cooperation, also in view of joint research projects; to give greater visibility to this field of study. The project will promote a peculiar EU’s angle into a legal field (civil litigation) usually dealt with only from a national perspective, allowing all participants to familiarize with a field of studies of great practical relevance, also for their career.

A 40-hour academic course

held in the second semester (in the period March – May) of the academic years 2020/2021, 2021/2022, 2022/2023, in streaming and/or at the facilites of Università degli Studi in Milan, addressed to Italian and foreign students (undergraduate, LL.M. and Ph.D.), professionals (judges, lawyers, notaries) and policymakers.

A series of different events

(conferences, round-table debates, workshops), held in July and October of each academic year, where some of the topics dealt with during the academic course will be dealt with in more detail with a multidisciplinary approach and with the participation of a wide range of specialists and stakeholders.

A series of study
visits

at some European bodies and institutes (the Court of Justice of the European Union; the European Court of Human Righst; the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law) will familiarize course participants with the actual functioning of leading European Institutions.

Project’s
coordinator:

Prof. Albert Henke

[CURRICULUM VITAE]

e-mail
albert.henke@unimi.it

The Jean Monnet Module on “Multilevel, Multiparty and Multisector Cross-Border Litigation in Europe” is a three-year long teaching and research project funded by the European Union and implemented by Università degli Studi, Milan. It focuses on civil litigation in a cross-border dimension, which presents greater complexity than domestic litigaton, due to differences in legal traditions and regimes, as well as in cultural and social values among jurisdictions. A recent EU Study (“An evaluation study of national procedural laws and practices in terms of their impact on the free circulation of judgments and on the equivalence and effectiveness of the procedural protection of consumers under EU consumer law” – JUST/2014/RCON/PR/CIVI/0082) shows that Member States’ procedural law regimes are still far from being harmonized, what negatively impacts on free circulation of judgments, equivalence and effectiveness of procedural protection and the functioning of the internal market.

The project focuses on 3 main areas of Cross-Border Litigation in Europe.

A) Multilevel Cross-Border Litigation (relations and conflicts between national courts, European courts and international tribunals).

B) Multiparty Cross-Border Litigation (collective redress procedures in a comparative, European and cross-border perspective).

C) Multisector Cross-Border Litigation (litigation – and related procedural issues – arising out of civil and commercial transactions in different legal fields: financial law, IP law, labour law, consumer law, family law …).

The project’s objectives are: to identify, by adopting a multidisciplinary approach, the most outstanding procedural issues deriving from
a lack of harmonization among EU jurisdictions; to contribute to the academic debate at national, European and international
level; to set the basis for future academic cooperation, also in view of joint research projects; to give greater visibility to this field of study. The project will promote a peculiar EU’s angle into a legal field (civil litigation) usually dealt with only from a national perspective, allowing all participants
to familiarize with a field of studies of great practical relevance, also for their career.

The project will be implemented through a series of different activities.

A 40-hour academic course, held in the second semester (in the period March – May) of the academic years 2020/2021, 2021/2022, 2022/2023, in streaming and/or at the facilites of Università degli Studi in Milan, addressed to Italian and foreign students (undergraduate, LL.M. and Ph.D.), professionals (judges, lawyers, notaries) and policymakers.

A series of different events (conferences, round-table debates, workshops), held in July and October of each academic year, where some of the topics dealt with during the academic course will be dealt with in more detail with a multidisciplinary approach and with the participation of a wide range of specialists and stakeholders.

A series of study visits at some European bodies and institutes (the Court of Justice of the European Union; the European Court of Human Righst; the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law) will familiarize course participants with the actual functioning of leading European Institutions.

Project’s coordinator:

Prof. Albert Henke

[https://work.unimi.it/chiedove/cv/ENG/albert_henke.pdf]

Email: albert.henke@unimi.it