LA TUTELA MONITORIA EUROPEA NELL'ORDINAMENTO ITALIANO

After two decades of intense evolution in the EU law on civil procedure, both European institutions and scholars call for a pause for reflection. Rather than planning the enactment of new procedural rules and regulations, it is now the time to consolidate the existing ones and make sure that the legal community is aware of the procedural tools that the EU has made available over the last decades. This dissertation analyzes the implementation of the European Order of Payment regulation (EC Regulation no. 1896/2006) in Italy. First of all, it is necessary to put the European rules in their context, studying their origin, their historical reasons and the relationship between the unified debt recovery procedures and the European goal of harmonizing national legal systems. A further step into the general rules of interpretation of EU law drives the research into the issues of coordinating European rules with national procedural laws. Because of the lack of any general principles of European civil procedure, other than the jurisdiction, mutual recognition and enforceability rules, European procedural regulations need to make applicabile many national rules even in unified procedures. Italian lawmakers made such issue even more complicated by avoiding the enactment of any coordination rules between the Italian code of civil procedure and European procedural regulations. This dissertation tries to address the many issues concerning the interpretation of the EOP regulation from the point of view of the dialogue between different legal orders. A complex but really interesting framework emerges, in which the evolution of both European and national procedural systems, at present and in the future, is mainly based on reciprocal influences between them.