Some reflections on the reform of the exequatur procedure in Italy. Legislative Decree 1 September 2011 n. 150 has changed the exequatur procedure in force in Italy stating that this procedure should be celebrated according to the rules of the "rite summary of cognition" under Chapter III bis of Title I of Book IV of the Civil Procedure Code. It remains, however, the competence in a single grade of the Court of Appeals with jurisdiction on the place of implementation of the foreign decision. This reform brings some obvious difficulties on which the author focuses both for the literal interpretation of the new regulations and to ensure proper systematic reconstruction of the general framework. This framework, in fact, is very complex because, in Italy, in the area of exequatur, should be duly taken into account, in addition to the common regulation, the various special regulations posed as implementation of international obligations and / or regulations - still binding for the Italian courts - posed by the European Union; all enjoying these regulations, although for different reasons, a force of privileged incidence on internal legislation in force of the principle of primacy of EU law over national law or as a result of the principles now (since 2001) consecrated in the art. 117, 1st co., Const. As is known, in fact, these principles will last, first and foremost, an obligation of conforming interpretation and, in the case of unresolvable antinomy in terms of interpretation, the unconstitutionality of the internal "common" rules that may be in conflict with the "international obligations" or with '"Community law". Hence the discussion of the various profiles indicated and, in particular, the problem of appeal to the Supreme Court for the judicial decisions that will be issued by the Italian Courts of Appeal on the basis of the new procedural rules.

Alcune riflessioni sulla "riforma" del processo di delibazione in Italia / GAROFALO L. - In: IL GIUSTO PROCESSO CIVILE. - ISSN 1828-311X. - :4/2012(2012), pp. 1001-1022.

Alcune riflessioni sulla "riforma" del processo di delibazione in Italia

GAROFALO, Luciano
2012

Abstract

Some reflections on the reform of the exequatur procedure in Italy. Legislative Decree 1 September 2011 n. 150 has changed the exequatur procedure in force in Italy stating that this procedure should be celebrated according to the rules of the "rite summary of cognition" under Chapter III bis of Title I of Book IV of the Civil Procedure Code. It remains, however, the competence in a single grade of the Court of Appeals with jurisdiction on the place of implementation of the foreign decision. This reform brings some obvious difficulties on which the author focuses both for the literal interpretation of the new regulations and to ensure proper systematic reconstruction of the general framework. This framework, in fact, is very complex because, in Italy, in the area of exequatur, should be duly taken into account, in addition to the common regulation, the various special regulations posed as implementation of international obligations and / or regulations - still binding for the Italian courts - posed by the European Union; all enjoying these regulations, although for different reasons, a force of privileged incidence on internal legislation in force of the principle of primacy of EU law over national law or as a result of the principles now (since 2001) consecrated in the art. 117, 1st co., Const. As is known, in fact, these principles will last, first and foremost, an obligation of conforming interpretation and, in the case of unresolvable antinomy in terms of interpretation, the unconstitutionality of the internal "common" rules that may be in conflict with the "international obligations" or with '"Community law". Hence the discussion of the various profiles indicated and, in particular, the problem of appeal to the Supreme Court for the judicial decisions that will be issued by the Italian Courts of Appeal on the basis of the new procedural rules.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11586/34128
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