Phd in PRIVATE AUTONOMY BUSINESS, WORK AND
PROTECTION OF RIGHTS IN EUROPEAN AND INTERNATIONAL PERSPECTIVE

Thesis title: Problemi attuali dell'autonomia procedurale

The study examines the impact of the Court of Justice of the European Union’s case law on procedural law, with a particular focus on res judicata and jurisdiction, two fundamental pillars of the legal systems of modern rule-of-law states. The analysis is based on a systematic review of the Court’s rulings that have shaped the boundaries and potential of Member States’ procedural autonomy, highlighting both the gradual emergence of a cooperative model between legal orders and instances where such autonomy has been significantly curtailed. Following a theoretical framework on jurisdiction and res judicata from a European perspective, the study explores the tensions between national and supranational legal systems, assessing how the Court of Justice has restricted procedural autonomy by invoking the primacy of EU law and the principle of effective judicial protection. In certain cases, these principles have even led to interventions that challenge the res iudicata of national judicial decisions. The objective is to offer a critical assessment of the normative and jurisprudential developments in this area, identifying emerging trends and their potential implications for the future of both national and European procedural law.