EU Law for Non-Lawyers

Transcription

1 Tutorial EU Law for Non-Lawyers Luxembourg, 9-11 February 2015 European Institute of Public Administration European Centre for Judges and Lawyers Seminar venue European Centre for Judges and Lawyers, Building of the Chambre des Métiers, 4 th Floor Master Room (411) 2 Circuit de la Foire Internationale 1347 Luxembourg Introduction Target group EU regulatory affairs professionals from business and professional associations, officials and specialists in the national administrations and EU institutions who are non-lawyers but are affected directly or indirectly by European Union legislation, for instance by participating in EU law-making or law approximation process as well as when applying national laws derived from EU law. Other professionals wishing to gain or expand their knowledge of EU law will also benefit from this training. Description The body of national law derived from EU directives and regulations expands into all areas of government and officials in both national and EU administrations play an increasingly active role as administrators and enforcers of EU law. Therefore, they need sufficient understanding of legal norms to avoid actions incompatible with EU legislation, leading to compensation claims against them and their authority. On the other hand, regulatory affairs professionals from business and professional associations are required to possess good knowledge of EU legislative framework in order to actively influence the EU law-making process. This series of tutorials will provide a concentrated, in-depth introduction into the most important rules of EU law. It is divided into 2 modules, starting with the EU legal framework and the new comitology system after Lisbon, moving to decision-making in the EU institutions, and ending with Internal Market rules and case law of the Court of Justice. Practical case-studies and workshop should enable participants to better understand various legal acts and their application in practice. Module 1 (Day 1 and 2): The EU Legal System, Comitology procedure after Lisbon, EU founding principles and competences vis-a-vis, Decision-making process at EU level, EU law implementation at EU level and the Internal Market and the Fundamental Freedoms Module 2 (Day 3): Consequences of breaches of EU law by the and EU institutions, infringement proceedings, actions for annulment, damages actions Learning methodology The programme is divided into two modules to offer participants flexibility in adapting the event to their needs. The tutorial involves coaching by EIPA lecturers and external experts for small groups of participants, allowing training s individualisation. The workshops should put the knowledge gained by participants in a practical context to demonstrate the relevance and consequences of EU rules for their daily work. In addition, a particular emphasis will be put on interaction between participants to offer exchange on their day-to-day practice. Objectives To provide non-lawyers with in-depth knowledge of the fundamental concepts of EU law and EU law-making process and to deepen their understanding of their role in this process and obligations imposed by EU law to which they are subject. To allow participants to gain practical understanding of the comitology process after Lisbon. To fine-tune practical understanding of the relevance and impact of EU legislation on their daily work and the mechanisms of its correct implementation into national systems. To provide a platform for the exchange of experience and information sharing.

2 Programme MONDAY 9 FEBRUARY 2015 MODULE 1: EU Legal System, EU Law Implementation at EU Level and the Relationship Between the EU Law and National Laws Registration of participants Welcome and introduction to the seminar Presentation of EIPA and the European Centre for Judges and Lawyers Presentation of the programme and speakers Alina Domaradzka, Lecturer and Seminar Leader Multiple-Choice Test On the basis of questions formulated in a test, participants will pre-assess the level of their knowledge. Answers will be distributed at the end of the seminar for participants to review the information provided during the seminar and assess their learning progress. Participants and Alina Domaradzka The participants perception of the role of EU law in their work Individual presentation of participants The relevance of the tutorial s subject to participants work and programme items of individual interest Participants and Alina Domaradzka 1.1 EU Legal System European Union s legal framework (1): Analysis of EU legislative instruments Hierarchy of EU law sources: Instruments of primary and secondary law New categories of legal acts after Lisbon: legislative vs. non-legislative acts Binding vs. non-binding law (soft law) Role of unwritten sources of EU law ( general principles and case-law) Alina Domaradzka Discussion Coffee break 1.2 EU Law Implementation at EU Level: Comitology European Union s legal framework (2): Delegated and implementing acts after the Comitology reform Comitology reform after the Lisbon Treaty Main characteristics of delegated acts Main characteristics of implementing acts Juan Diego Ramirez Cardenas Diaz, Senior Lecturer Discussion Lunch Procedures for the adoption of delegated and implementing acts New practice of delegation of powers to the European Commission 2011 Comitology Regulation and practical changes to the executive acts Advisory and examination committees after Lisbon Juan Diego Ramirez Cardenas Diaz Discussion Coffee break Recognising delegated and implementing acts: workshop with practical examples Participants will be requested to recognise different EU legal instruments and their respective legal nature (delegated/implementing act) as well as identify relevant provisions and contents determining duties and obligations upon those to whom these acts are addressed, deadlines or transposition periods Participants, Diego Ramirez Cardenas and Alina Domaradzka Debriefing Evaluation of the first seminar day Reception TUESDAY 10 FEBRUARY EU Decision-Making Process Procedural steps for the preparation of EU legislation and the choice of legal instruments EU policy cycle and categories of competences after the Lisbon Treaty Choice of legal basis for legal instruments and the principle of conferral Principle of subsidiarity and European Commission s powers to propose legislation Principle of proportionality and the degree of regulation at EU level Role of national Parliaments in the EU decisionmaking process after the Lisbon Alina Domaradzka Coffee break Procedures for the preparation and adoption of legal instruments at EU level (I) The role and powers of the Council and European Parliament with respect to the adoption of EU law Decision-making rules and procedures adopted within different institutions Types of Council working parties (formal, informal, regular, ad hoc, etc.) Role of Council s preparatory bodies and the role of presidency in Council s meetings Workings of the European Parliament Petra Jeney, Senior Lecturer,

3 Programme Coffee break Procedures for the adoption of legal instruments at EU level (II) Different legislative procedures after the Lisbon Treaty: The ordinary and special legislative procedures The interaction between different EU institutions and their powers with respect to different legislative procedures Petra Jeney Lunch break 1.4 The Position of EU Law in Relation to National Legal Orders The nature and effect of EU law in its relation with national law Fundamental concepts governing the relationship between European law and the domestic law of The principle of primacy, direct and indirect effect, state liability Igor Dizdarevic Coffee break 1.5 The EU Internal Market and the Fundamental Freedoms Introduction to free movement of persons and services Law on free movement of persons (including workers and self-employed persons) and services Direct/indirect discrimination Grounds of justification and proportionality principle Tomasz Kramer, Lecturer, Free movement of persons and services: Case study Following this short introductory presentation on the law on free movement of persons, participants will be asked to work in groups on a fictitious case. Playing a role of EU judges, participants will need to solve the case by assessing the elements of direct/indirect discrimination and potential grounds of justification. Tomasz Kramer and participants Case study: debriefing Evaluation of the second seminar day End of Module 1 WEDNESDAY 11 FEBRUARY 2015 MODULE 2: Consequences of Breaches of EU Law by the and EU Institutions and Other Bodies 2.1 Legal Procedures for Compliance with EU Law by the European Commission s role as the guardian of the EU Treaty enforcement actions brought against before the Court of Justice of the European Union Concept and nature of infringement of EU law by Types of infringement procedures Different phases of the infringement procedure Pecuniary penalties Minas Konstantinidis, European Commission, Brussels, Member of the Legal Service Coffee break Recent cases for non-compliance with EU law problems in practice The Commission s burden of proof The defence The impact of the Court s judgments in the Minas Konstantinidis Discussion Lunch 2.2 Legal Procedures for Compliance with EU Law by EU Institutions and other BodieS Procedures before the Court of Justice of the EU and national courts from the perspective of individuals (I) Private enforcement of EU law before national courts Practical consequences of courts decisions Virgil Ivan-Cucu, Senior Lecturer, Coffee break Procedures before the Court of Justice of the EU and national courts from the perspective of individuals (II) Legal remedies available to individuals before national and EU courts Procedural and substantive rules of the different types of legal actions Virgil Ivan-Cucu Discussion Multiple choice test: debriefing Evaluation of Module 2 End of the Tutorial

4 General Information Hotel reservations The European Institute of Public Administration has negotiated prices with a number of selected hotels. All rates are including breakfast and tourist tax. You can find the complete list of hotels available here: Kirchberg Hotel Novotel Kirchberg****, at the rate of 145, tel.: ; fax: ; caroline.schons@ accor.com; booking page: com/fr/reservation/bookings.shtml (Customer code: SC Contract No ). Hotel Melia****, at the rate of 149, tel.: ; fax: , reservations.melia.luxembourg@ solmelia.com; thai.luong@melia.com; City Centre Hotel Parc Bellevue***, at the rate of 97, (Reservation code: EIPA). Tel.: ; fax: ; reservation@goeres-group.com; Should you wish to make use of this possibility, please phone or fax the reservation department of the hotel on one of the abovementioned numbers and mention the relevant reservation code. Payment is to be made directly and personally to the hotel on checking out. Please note that any optional bookings not confirmed one month before the seminar dates will be automatically cancelled by the hotels. Luxembourg City has two main bus stations, one in the city centre called Centre Aldringen and one next to the railway station called Air Terminus. All buses, wherever they go, pass through these two stations. Bus no. 18, with departure every ten minutes, goes in direction Kirchberg, stopping right in front of Hotel Novotel, which is within walking distance of all European institutions as well as just around the corner from the Chambre des Métiers building. Meals Should you require a special menu (e.g. vegetarian, diabetic), please inform the Programme Organiser so that this can be arranged. Participation The fee applicable to each activity is clearly indicated on the registration form. Unless otherwise stated on the registration form, the fee includes participation in the activity, lunches and beverages during the activity, documentation and participation in the reception/cocktail. Registration You may register through our website using the online registration form or by faxing or mailing the attached registration form duly completed. Discounts EIPA s Civil Servants special discount EIPA offers its members a reduction of 10% off the registration fee. This reduction is available to all civil servants working for one of EIPA s member countries (i.e. AT, BE, BG, CY, CZ, DK, EE, FI, FR, DE, GR, HU, IE, IT, LT, LU, MT, NL, PL, PT, ES, SE, UK) and civil servants working for an EU institution, body or agency. Officials of the EU institutions, bodies or agencies should enquire about applicable arrangements on the following website: eipa.eu. Other discounts For this seminar, offers a 50 discount for all registrations received and paid before 26 January Please note that discounts cannot be accumulated. It is clearly stated on EIPA s website which seminars and training courses are eligible for the reductions. Full fees apply to all other seminars and training courses. If you are eligible for a discount, please tick the box in the registration form. Please note that reductions cannot be accumulated. For more information, please visit our website (FAQ - special discounts). Confirmation Confirmation of registration will be forwarded to participants on receipt of the completed registration form. Cancellation policy EIPA reserves the right to cancel the seminar up to two weeks before the seminar starting date. In that case, received registration fees will be fully reimbursed. EIPA accepts no responsibility for any costs incurred (travel, accommodation, etc.). For EIPA s cancellation policy, please visit our website eu (FAQ - legal notice). For administrative reasons, a fee of 150 will be charged for cancellations received after 2 February There is no charge for qualified substitute participants. The mention of a speaker s name in the programme does not commit EIPA. In the event that an announced speaker does not appear, EIPA will do its utmost to find a suitable replacement. Travel and accommodation costs are at the expense of the participant or his/her administration. Pre-payment of the fee is a condition for participation in an activity. Prior to the activity each participant will receive an invoice which can be paid by bank transfer or by credit card.

5 Registration Form EU Law for Non-Lawyers Luxembourg, 9-11 February 2015 Surname:... Title:... M / F First name:... Organisation:... Department:... Current position:... Work address:... Postal code & Town:... Country:... Telephone number:... Fax number:... address:... Invoice information Organisation:... Department:... Address:... Postal code & Town:... Country:... VAT number:... Your reference number:... address:... Registration Fee Project number Both Modules: 9-11 February Module 1: 9-10 February Module 2: 11 February Payment The fee includes participation in the seminar, documentation, lunches and beverages - 50, Early registration made before 26 January 2015 Discount of 10% Discount of 20% (Lot 6) (Please check the conditions at (FAQ - special discounts)) Method of payment Bank transfer Credit card American Express card Eurocard/Mastercard Visa card Card number:... Expiry date:... /... Name card holder:... (in case this differs from above) Address card holder:... (in case this differs from above) Postal code:... Country:... (in case this differs from above) Card Validation Code:... (the last three digits on the back of your card) Note: Pre-payment is a condition for participation. For administrative reasons, a fee of 150 will be charged for cancellations received after 2 February 2015 unless another participant is designated. Meals Vegetarian Fish allowed Other dietary requirement:... Please return the completed registration form to: Ms Stéphanie Gemnig, European Centre for Judges and Lawyers, European Institute of Public Administration, Luxembourg, Circuit de la Foire Internationale, 2, Tel.: , Fax: , s.gemnig@eipa.eu Your name and address will be part of EIPA s database for our mailing purpose only. Please tick if you do not want to be included in our mailing database.