Luci ed ombre delle norme di rilievo internazional(privat)istico nella recente riforma del processo civile
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The purpose of this contribution is to analyse the recent reform of civil procedure, as set out in Legislative Decree no. 149/2022, from the perspective of international law. To this end, the three interventions concerning (i) the procedures for giving effect to foreign judgments, (ii) the law applicable to personal separation and divorce, and (iii) the new type of procedure called ‘revocazione’, that can be activated in the event that a judgment has led to the condemnation of the Italian State by the Strasbourg Court, are taken into consideration. As those are very heterogeneous disciplines, it is difficult to give an overall assessment of these novelties, which are therefore examined individually. However, it is possible to state that the delegated legislator was motivated by the sharable intention of responding to critical issues and concrete needs that had already been pointed out in literature and emerged in judicial practice. It is not certain that this result has actually been achieved on all fronts, although it will be necessary to wait for the application of the new rules, and to assess their interpretation, in order to come to a more complete evaluation.
keywordsconflict of jurisdictions, conflict of laws, international civil procedure, recognition of foreign decisions, private international law, ECtHR’s judgments effectAuthor biographyUniversità degli Studi di Genova, Dipartimento di Giurisprudenza. Email: Francesco.Pesce@unige.it. |
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