Fundamental Rights and Private Law – cod. 5941

Start Date: Monday, November 12, 2012
End Date: Wednesday, November 14, 2012
Category: Civil Law National Law, Criminal Law Criminal Law National Law
Venue: Rome, Ergife Palace Hotel
Country: Italy
Leading organisation: Consiglio Superiore della Magistratura
Cooperative Partner:
Language(s): Italian
Training level:
Target audience:
Participants(EJTN): 3
Contact: Gianluca Grasso
Contact e-mail:
Contact phone: +39 644491420

Course Description

Subject: in recent years civil magistrates have been progressively called to address issues of extreme social relevance affecting the fundamental human rights, including more recently introduced values. 
The offered solutions have contributed to modifying the existing legislative framework to the point of levying severe accusations in certain aspects of the legislation against the courts.
On the other hand, and from a different perspective, the achievements of regulatory legislation have been valued positively, emphasizing the growing need to support written law with law in action, in which the fundamental principles would continuously provide strength to a jurisprudential response capable of nourishing and safeguarding the ever-changing dimension of the person. In this context, a very active role was played by the European Convention on the protection of human rights and, in general, by the international instruments containing catalogues of rights. 
Objectives: the course aims, on the one hand, to offer participants a critical analysis of certain topics (heterologous insemination, crucifix, biological and existential damage, protection of property, right to a double surname, homosexual unions, right to self-determination, euthanasia, protection of the newborn, recently reformulated by Cassation 9700/2011, etc.) and, on the other hand, to tackle the delicate issue of the relationship between law and fundamental values – regardless of their origin (national or supranational) – and of the role of interpretation, in an attempt to define content and limitations vis-à-vis the allegedly abnormal use of hermeneutical rules.
Structure and methodology: face-to-face presentations with afternoon sessions dedicated to the study of case law.
Candidates: civil magistrates of first instance and high court. The course is open to private practice attorneys.