Spring semester 2022/2023
The introduction of the course concerns the roots and the development of European legislation in civil procedural matters. The course shall be divided in two parts.
The first one concerns main topics of procedural rules of legge n. 218/1995 (the Italian reform of international private and procedural law) and its connecting factors, as well as Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. The second part concerns the study of some of the most important procedural statutes in civil matters, distinguishing adjudication proceedings from enforcement ones. Specific emphasis shall be given to Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations; Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000; Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession; Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims; Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure; Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters; Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure; Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000; Regulation (EU) No 655/2014 of the European Parliament and of the Council of 15 May 2014 establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters.
Professor De Santis (born Aug. 7th, 1981, Italy) is associate professor of civil procedure since 2016, and is enabled as full professor of civil procedure since August, 3rd 2018. He has achieved a PhD in Civil Procedure Law at University of Bari “Aldo Moro” (2008).
He is member of the educational board of the faculty and of the University disciplinary committee, and is also official representative of the Rector of Roma Tre for relationships with professional associations.He has written over 140 articles, essays and notes on some of the main topics of civil procedure and has developed a specific knowledge on the class action system in U.S.A, South America and Europe.
He is author of two books (monograph studies): the first one (2013), concerning collective protection devices, with specific reference to a comparative study between standing doctrine before American Federal Courts and Italian Courts, also investigates procedural tools for unincorporated association under Federal law and the Italian system of collective suits; this book (La tutela giurisdizionale collettiva, Napoli, 2013) was awarded the «Redenti Prize» (2015); the second one (2018) concerns the deterrent effect of civil procedure and is focused on the concept of procedural sanction, in order to oppose the concept of «abuse of process». Professor De Santis has given over 30 lectures in Italy and has also given lectures in Brazil (Universidade de São Paulo; Procuradoria Geral do Estado de Rio de Janeiro) and Colombia (Universidad del Norte).
He has been visiting scholar at Boston University – School of Law (2006).
Professor De Santis has been the principal investigator of conferences held at Roma Tre with Italian and foreign eminent scholars from United States and Brazil. He speaks English and Spanish fluently.