Recent Trends in the Case Law of the Court of Justice of the European Union: What Directions for the Future?

Transcription

1 Annual Conference Recent Trends in the Case Law of the Court of Justice of the European Union: What Directions for the Future? Luxembourg, 3-4 December 2015 European Institute of Public Administration European Centre for Judges and Lawyers Conference venue European Centre for Judges and Lawyers Building of the Chambre des Métiers (salle des fêtes) 2 Circuit de la Foire Internationale 1347 Luxembourg Introduction Target group This annual conference is intended for legal professionals within the public and private sectors, judicial professionals, law enforcement officers, national civil servants and persons working on European Union law issues, academics, and others who are active or interested in EU legal issues in general, and in the main rulings delivered by the European Courts in particular. Description and objectives The overall objective of this annual conference is to provide an overview of and commentary on the current case law of the Court of Justice of the European Union. By analysing a selection of key rulings in different areas of EU law delivered by the three EU jurisdictions in the course of the preceding year, the conference will identify general trends as well as potential directions for the future evolution of the Court s case law and its impact on the legal development of the EU. This year, the programme features a number of key decisions in the fields of fundamental rights, the jurisdictional system of the EU, the free movement of goods and capital, economic and monetary issues, competition, the environment, public health, equality and non-discrimination, and also presents a review of the most significant rulings delivered in the area of freedom, security and justice, and EU staff cases. Learning methodology Experts (mainly officials from the Court of Justice of the European Union but also from other EU and national administrations), private practicing lawyers and renowned academics will give presentations on topics of particular interest and engage in discussions with participants.

2 Programme THURSDAY 3 DECEMBER Registration of participants Welcome of participants and opening of the conference Juan Diego Ramírez-Cárdenas Díaz, Chairman of the conference, Senior Lecturer, European Centre for Judges and Lawyers, EIPA Luxembourg JURISDICTIONAL SYSTEM OF THE EU General jurisdictional system of the EU Rethinking the EU s jurisdictional system: what is the way forward for the Court s reform? Kendrion v Court of Justice of the European Union, Case T-479/14, 6 January 2015 Gascogne Sack Deutschland and Gascogne v Court of Justice European Union, Case T-577/14, 2 February 2015 Alberto Alemanno, Professor of Law and Jean Monnet Professor of EU Law, HEC Paris (FR) Questions and answers Civil Service Tribunal Review of landmark judgements rendered in the field of public administration over the last year Kieran Bradley, Judge, Civil Service Tribunal, Court of Justice of the EU, Luxembourg (LU) Questions and answers Coffee break INTERNAL MARKET Free movement of goods Broadening the definition of MEQR and the reinterpretation of the market access rule. Implications for the free movement of goods and the ongoing negotiations on the TTIP European Commission v Kingdom of Spain, Case C-428/12, 3 April 2014 John Grayston, Solicitor (England & Wales), (UK), Member of the Bar of Brussels, Founding Member of Grayston & Company law firm (BE) Questions and answers Lunch break Free movement of persons Exploring the consequences of the Dano ruling. The new types of restrictions placed on the free movement rights of job-seekers Jobcenter Berlin Neukölln v Nazifa, Valentina and Valentino Alimanovic, Case C-67/14 (judgement expected in autumn) Vestische Arbeit Jobcenter Kreis Recklinghausen v Jovanna García-Nieto, Joel Peña Cuevas, Jovanlis Peña García, Joel Luis Peña Cruz, Case C-299/14 (judgement expected in autumn) Niamh Nic Shuibhne, Professor of European Union Law, Edinburgh Law School, University of Edinburgh (UK), Visiting Professor, College of Europe, Bruges (BE) Questions and answers Free movement of capital Free movement of capital vs direct taxation Finanzamt Dortmund-Unna v Josef Grünewald, Case C-559/13, 24 February Proceedings brought by A Oy, Case C-123/11, 21 February 2015 Finanzamt Ulm v Ingeborg Wagner-Raith, Case C-560/13, 21 May 2015 Peter Gjörtler, Director, LexNet European Information SIA, Programme Director, Riga Graduate School of Law (LV), Attorney-at-law at Grayston & Company, Brussels (BE) Questions and answers Coffee break CASE LAW ON SPECIFIC EU POLICIES Competition Recidivism in Competition law. The Court and some general principles of law European Commission v Versalis SpA, formerly Polimeri Europa SpA, and Eni SpA; and Versalis SpA, formerly Polimeri Europa SpA, and Eni SpA v European Commission, Joined cases C-93/13 P and C-123/13 P, 5 March 2015 Ludovic Bernardeau, Legal Secretary, Chambers of Judge Ingrida Labucka, General Court of the European Union (LU), and Senior Lecturer at the University Paris X (FR) Questions and answers Economic and monetary policy The Court decides on the compatibility of the OMT programme with EU law. The Gauweiler ruling and its implications for the powers of the ECB and the constitutional framework of the EMU Peter Gauweiler, Bruno Bandulet and Others, Roman Huber and Others, Johann Heinrich von Stein and Others, Fraktion DIE LINKE im Deutschen Bundestag v Deutscher Bundestag, Case C-159/11, 19 December 2012 Antonio Luca Riso, Legal Counsel, Directorate General Legal Services - Supervisory Law Division, European Central Bank, Frankfürt (DE)

3 Programme Questions and answers Summary of the day s proceedings and announcement of the programme of the following day End of first day and reception FRIDAY 4 DECEMBER 2015 CASE LAW ON SPECIFIC EU POLICIES (continued) Equality and non-discrimination The Léger ruling as another example of the Court s reticent approach to the protection of the rights of LGB persons under EU law Geoffrey Léger v Ministre des Affaires sociales, de la Santé et des Droits des femmes and Etablissement français du sang, Case C-528/13, 29 April 2015 Alina Tryfonidou, Associate Professor in EU Law and Director of Taught Postgraduate Studies, School of Law, University of Reading (UK) Questions and answers Environment The principle of non-deterioration of water bodies under the water framework directive: a broad definition? Bund für Umwelt und Naturschutz Deutschland ev v Bundesrepublik Deutschland, Case C-461/13, 1 July 2015 Igor Dizdarevic, Lecturer, European Centre for Judges and Lawyers, EIPA Luxembourg (LU) Questions and answers Coffee break AREA OF FREEDOM, SECURITY AND JUSTICE Migration policy Evaluation of the first interpretation by the Court of the voluntary departure of irregular migrants. Commentary on other recent case law on the Returns Directive Z. Zh. & I.O. v Staatssecretaris voor Veiligheid en Justitie, Case C-554/13, 11 June 2015 Ashley Terlouw, Judge, District Court of Gelderland, Professor of Sociology, Institute of Sociology of Law / Centre for Migration Law, Radboud University Nijmegen, Faculty of Law (NL) Asylum policy Recent key issues on the interpretation of EU asylum law: deserters as asylum seekers and the illegality of wars Andre Lawrence Shepherd v Bundesrepublik Deutschland, Case C-472/13, 26 February 2015 Matthieu Chavrier, Legal Adviser, Legal Service of the Council of the European Union, Brussels (BE) Questions and answers Lunch Judicial cooperation in civil matters New developments on international jurisdiction on civil and commercial matters in the EU (tort, delict or quasi-delict - action for damages against defendants domiciled in various Member States prorogation of jurisdiction) Pez Hejduk v EnergieAgentur.NRW GmbH, Case C-441/13, 22 January 2015 Harald Kolassa v Barclays Bank plc, Case C-375/13, 28 January 2015 Cartel Damage Claims (CDC) Hydrogen Peroxide SA v Akzo Nobel NV and Others, Case C-352/13, 21 May 2015 Jaouad El Majdoub v CarsOnTheWeb. Deutschland GmbH, Case C-322/14, 21 May 2015 Roberta Ribeiro Oertel, Lecturer, European Centre for Judges and Lawyers, EIPA Luxembourg (LU), Lawyer and expert in judicial cooperation in civil and commercial matters at the Delegation of the Bars of France in Brussels (BE) Questions and answers Fundamental rights protection Commentary on the opinion of the Court on the accession of the EU to the European Convention for the Protection of Human Rights and Fundamental Freedoms Opinion 2/13, 18 December 2014 Petra Jeney, Senior Lecturer, European Centre for Judges and Lawyers, EIPA Luxembourg (LU) Questions and answers Summary of the proceedings of the second day End of conference Questions and answers

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: (Customer code: SC Contract No ). Hotel Melia****, at the rate of 149, tel.: ; fax: , reservations.melia.luxembourg@solmelia. com; thai.luong@melia.com; Hotel D Coque***, at a rate of 82.50, tel.: ; fax: ; reception@coque.lu; booking : City Centre Hotel Simoncini****, at the rate of 145, tel.: ; fax: ; simhotel@pt.lu; (Reservation code: EIPA). Hotel Français***, at the rate of 130 tel.: ; fax: ; info@hotelfrancais.lu; (Reservation code: EIPA). Hotel Parc Plaza****, at the rate of 132, (Reservation code: EIPA). Hotel Parc Bellevue***, at the rate of 97, (Reservation code: EIPA). Tel.: ; fax: ; reservation@ goeres-group.com; Hotel Domus***, at the rate of between 110 and 145, tel.: ; fax: ; info@domus.lu; lu (Reservation code: EIPA). Findel (Airport) NH Luxembourg***, at the rate of 130, tel.: ; fax: ; booking page: (login: EIPA; password: X6IU2D) 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. Luxembourg City has several bus stations (Royal, Hamilius, Monterey, Forum Royal, Badanstalt, Charlys Gare). Bus lines 1 and 16, with departure every ten minutes, leave from dock Hamilius 1, go in direction Kirchberg, and stop at Kirchberg, stop John F. Kennedy which is within 5 minutes walking distance from the Chambre des Métiers building, where EIPA Luxembourg s premises are located. In addition bus line 16 links Findel Airport (dock 1) to the city centre and the station area. Further detailed information will be given to you in the practical information sheet which you will be getting from the programme organiser together with your confirmation of participation. 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 stated differently on the registration form, the fee includes participation in the activity, lunches and beverages during the activity, documentation and participation in the reception/cocktail. Travel and accommodation costs are at the expense of the participant or their 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. Registration You may register through our website using the online registration form or by faxing or mailing the duly completed attached registration form. Discounts EIPA s Civil Servants Special Discount EIPA offers its members a discount of 10% of the registration fee for certain seminars and training courses. This discount is available to all civil servants working for one of EIPA s member countries and for civil servants working for an EU institution or agency. If you are an official in the public administration (central or subnational level) in one of EIPA s member countries or an EU institution or agency, please tick the relevant box in the registration form when registering for a seminar or training course. You will then automatically receive an invoice for payment of the fee with the 10% discount applied. Early registration discount For this seminar, EIPA Luxembourg offers a 50 discount for all registrations received and paid before 22 October Please note that discounts cannot be accumulated. It is clearly stated on EIPA s website for which seminars and training courses the reductions are offered. Full fees apply to all other seminars and training courses For more information, please visit EIPA s website: eipa.eu (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, registration fees received will be fully reimbursed. EIPA accepts no responsibility for any costs incurred (travel, accommodation, etc.). For administrative reasons, a fee of 150 will be charged for cancellations received after 5 November 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.

5 Registration Form Recent Trends in the Case Law of the Court of Justice of the European Union: What Directions for the Future? Luxembourg, 3-4 December 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:... Language preference Preferred language for documentation: English French Do you need interpretation: no English French Payment The fee includes participation in the seminar, documentation, two lunches, a reception and beverages , Early registration made before 22 October 2015 Discount of 10% (Please check first 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) Meals Vegetarian Fish allowed Other dietary requirement:... Please return the completed registration form to: Ms Juliette Mollicone-Boussuge, European Centre for Judges and Lawyers, European Institute of Public Administration, Luxembourg, Circuit de la Foire Internationale, 2, tel: , fax: , j.boussuge@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.