the authority of eu law - era additional · pdf filemaria josé rangel de mesquita....

The Authority of EU LawDo we still believe in it?

Congress to mark the 25th Anniversary of ERA

Trier, 19-20 October 2017

www.era25.eu

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Thank you for joining us in Trier to celebrate the twenty-fifth anniversary of the Academy of European Law.

The question posed in the title of our Anniversary Congress – “The Authority of EU Law – Do we still believe in it?” – could not be more important today. The European Union is facing both crises and opportunities, and the law is very much at the heart of them.

We are delighted that so many outstanding speakers have agreed to honour us with their presence and we thank them for their commitment. We hope that you, our distinguished guests and participants, will find the debates over these two days to be stimulating and inspiring.

Finally, we take this opportunity to thank all our staff, whose hard work and enthusiasm have made this programme possible.

Wolfgang HeuselDirector

Luc Doeve Jean-Philippe Rageade John Coughlan Director of Finance Director of Programmes Director of Communications

WELCOME TO ERA!

Vassilis Christianos, Partner at Christianos & Partners, Athens; Emeritus Professor of European Union Law at the Law School of the University of AthensZuzana Fišerová, Director, International Department for Civil Matters and Junior Deputy Minister, Ministry of Justice, Prague Gregorio Garzón Clariana, former Jurisconsult of the European Parliament, BarcelonaWaltraud Hakenberg, former Registrar of the Civil Service Tribunal of the EU, LuxembourgHans-Jürgen Hellwig, Partner at Hengeler Mueller; former President of the CCBE, Frankfurt am Main Pauliine Koskelo, Judge at the European Court of Human Rights, StrasbourgKari Kuusiniemi, Judge at the Supreme Administrative Court, Helsinki Ulrike Lunacek MEP, Vice-President of the European Parliament, Brussels/Strasbourg Peter-Christian Müller-Graff, Professor at the University of HeidelbergMaría José Rangel de Mesquita, Judge at the Constitutional Court, Lisbon Christa Tobler, Professor at the Universities of Basel and LeidenMarc van der Woude, Vice-President of the General Court of the European Union, Luxembourg

ADVISORY COMMITTEE

Thursday, 19 October 2017

Opening ceremony • Introductory speeches • Musical entertainment13:45

Inaugural lectureWhat is the “authority” of the law? Compliance and acceptance as preconditions or as constitutive elements?

14:30

15:30 Panel discussion: The impact of legislation on the authority of EU law

17:00

Part 1: Law-making and the role of courts

Panel discussion: The authority of EU law – a view from Constitutional and Supreme Courts

20:00 Reception and Fundraising Auction

Friday, 20 October 2017

09:30

11:00

Part 2: Current challenges regarding compliance with and enforcement of EU law – the authority of EU law at risk

TOPIC ARemaining and new

obstacles to the Single Market rules – does the economic crisis justify a

weakening of the authority of EU law?

TOPIC BEconomic and Monetary

Union (EMU) as an illustration of “the incomplete

Union”: the authority of EU law stuck half-way between supranational and national

sovereignty

TOPIC CCurrent threats to the

rule of law in the EU – the foundation on which the authority of EU law rests

Keynote addressReliability and enforcement of EU law – a necessity for

citizens, businesses and the law itself

Panel discussion Challenges to the Single

Market

Keynote addressCompleting vs. rethinking the

EMU?

Panel discussion The need to complete the

EMU

Keynote addressArticle 7 TEU and the Rule

of Law mechanism – a dissuasive weapon or a

paper tiger?

Panel discussion The rule of law crisis in the

EU and beyond

Part 3: The crisis of the European project undermining the authority of EU law – the EU in search of legitimacy

14:30 Keynote address: Brexit – symptom of the EU’s legitimacy crisis or just a British problem?

Panel discussion on the crisis of the European project

15:00 Keynote address: The Court of Justice of the European Union as the guardian of the authority of EU law – a networking exercise?

19:30 Gala Dinner

Venue: ERA Conference Centre, Metzer Allee 4, D-54295 TrierLanguages: English, French, German (simultaneous interpretation)Website: www.era25.eu

Schedule www.era25.eu

ChairsJosef Azizi former Judge at the General Court of the EU, ViennaWolfgang Heusel Director of the Academy of European Law, TrierYves Kreins Judge at the Administrative Tribunal of the International Labour Organization (ILO), GenevaPeter-Christian Müller-Graff Professor at the University of HeidelbergLord Tyre Judge of the Supreme Courts of Scotland, EdinburghMarc van der Woude Vice-President of the General Court of the EU, Luxembourg

SpeakersPaul P. Craig Professor at the University of OxfordFederico Fabbrini Professor at Dublin City UniversityHans-Jürgen Hellwig Partner at Hengeler Mueller, Frankfurt am MainKoen Lenaerts President of the Court of Justice of the EU, LuxembourgInger Österdahl Professor at the University of UppsalaJacques Santer President of the Governing Board of the Academy of European Law, LuxembourgPavel Telička Vice-President of the European Parliament, BrusselsJoseph H.H. Weiler Professor at the New York University School of Law

PanellistsGerolf Annemans MEP Committee on Economic and Monetary Affairs, European Parliament, BrusselsKaren Banks Deputy Director-General at the Legal Service of the European Commission, BrusselsKatarina Barley Federal Minister for Family Affairs, Senior Citizens, Women and Youth; Federal Minister of Labour and Social Affairs, BerlinBojan Bugarič Professor at the University of LjubljanaChristopher P. Buttigieg Lecturer in the Banking and Finance Department of the University of MaltaPierre-Henri Conac Professor at the University of Luxembourg

Emmanuel Crabit Head of Unit, Justice Policy and Rule of Law, DG JUST, European Commission, BrusselsWiebe de Vries President of the International Association of Young Lawyers (AIJA), AmsterdamLars Hjortnæs Judge at the Danish Supreme Court, CopenhagenSophie in ’t Veld MEP Committee on Civil Liberties, Justice and Home Affairs, European Parliament, BrusselsBernd Kaltenhäuser President of the Deutsche Bundesbank Regional Administration for Rhineland-Palatinate and the Saar, MainzPauliine Koskelo Judge at the European Court of Human Rights, StrasbourgFrancis Lamy Member of the Council of State, ParisGiorgio Maganza former Director at the Legal Service of the Council of the EU, BrusselsJoaquim Nunes de Almeida Director for Single Market Policy, Regulation and Implementation, DG GROW, European Commission, BrusselsLuis Ortiz Blanco Partner at Garrigues, MadridMaria José Rangel de Mesquita Judge at the Portuguese Constitutional Court, LisbonJean-Luc Sauron Member of the Council of State, ParisJean-Marc Sauvé Vice-President of the Council of State, ParisLudger Schuknecht Chief Economist and Head of Department at the Federal Ministry of Finance, BerlinPedro Silva Pereira MEP Vice-Chair, Committee on Constitutional Affairs, European Parliament, BrusselsImola Streho Affiliate Professor at Sciences Po Law School, ParisMaciej Szpunar Advocate General at the Court of Justice of the EU, LuxembourgLord Thomas of Cwmgiedd former Lord Chief Justice of England and Wales, London Christian Verschueren Director-General of EuroCommerce, BrusselsDiana Wallis former Vice-President of the European Parliament, Hull

Speakers & Chairs www.era25.eu

12:30 Registration of participants

Plenary sessionLanguages: English, French, German

(with simultaneous interpretation)

13:45 Opening ceremony • Introductory speeches • Musical entertainment Jacques Santer Pauliine Koskelo PavelTelička Wolfgang Heusel

Chair: Josef Azizi

14:30 Inaugural lecture: What is the “authority” of the law? Compliance and acceptance as preconditions or as constitutive elements? Joseph H.H. Weiler

15:00 Keynote address: The Court of Justice of the European Union as the guardian of the authority of EU law – a networking exercise? Koen Lenaerts

15:30 Panel discussion: The impact of legislation on the authority of EU law

• the lack of legitimacy and of transparency in the making of the law (role of lobbyists, comitology, etc)• the ineffectiveness of the subsidiarity principle• the poor quality of legislation

Karen Banks Giorgio Maganza Diana Wallis

16:30 Break

Chair: Lord Tyre

17:00 Panel discussion: The authority of EU law – a view from Constitutional and Supreme Courts

• “ultra vires” risks and the role of the CJEU: Aranyosi, Mangold, Kücükdevici, Pereda and the annual leave practice in Denmark, non-application of Ajos by Højesteret, attacks on CJEU in Brexit debate

• interpreting the national identity clause (Art 4 II TEU)• ineffectiveness of the subsidiarity principle (Art 5 I 2 TEU & Prot 2)

Lars Hjortnæs Jean-Marc Sauvé Maciej Szpunar Lord Thomas

18:30 End of the first day

20:00 Reception

20:30 Fundraising Auction Auctioneer: Takuro Ito, Member of Management, Kunsthaus Lempertz, Cologne

Part 1: Law-making and the role of courts

ProgrammeThursday, 19 October 2017 www.era25.eu

Parallel Working Session ARemaining and new obstacles to the Single Market rules –

Does the economic crisis justify a weakening of the authority of EU law?Language: English

09:00 Arrival of participants

Chair: Marc van der Woude09:30 Keynote address: Reliability and enforcement of EU law – a necessity for citizens, businesses and the law itself Hans-Jürgen Hellwig10:30 Break

11:00 Panel discussion: Challenges to the Single Market

• Member States‘ measures aimed at protecting national markets after the crisis• Examples of obstacles incurred by industry within the Single Market • The relevance of infringement procedures – the European Commission between guarding the Treaties

and political discretion Joaquim Nunes de Almeida Luis Ortiz Blanco Imola Streho Christian Verschueren13:00 Lunch

Part 2: Current challenges regarding compliance with and enforcement of EU law – the authority of EU law at risk

ProgrammeFriday, 20 October 2017

Parallel Working Session BEconomic and Monetary Union (EMU) as an illustration of

“the incomplete Union”: the authority of EU law stuck half-way between supranational and national sovereignty

Languages: English, German (with simultaneous interpretation)

Chair: Peter-Christian Müller-Graff09:30 Keynote address: Completing vs. rethinking the EMU? Federico Fabbrini10:30 Break

11:00 Panel discussion: The need to complete the EMU

• The incomplete EMU: a dilemma of federalisation versus dissolution?• Handling the Euro crisis within and without the EU framework• Questioning the legitimacy of the rules and the selectivity of their application

Gerolf Annemans Christopher P. Buttigieg Pierre-Henri Conac Bernd Kaltenhäuser

13:00 Lunch

www.era25.eu

ProgrammeFriday, 20 October 2017

Parallel Working Session CCurrent threats to the rule of law in the EU –

the foundation on which the authority of EU law restsLanguages: English, French (with simultaneous interpretation)

Chair: Yves Kreins

09:30 Keynote address: Article 7 TEU and the Rule of Law mechanism – a dissuasive weapon or a paper tiger? Inger Österdahl

10:30 Break

11:00 Panel discussion: The rule of law crisis in the EU and beyond

• Threats to democratic values in Member States and candidate countries• The core concept of an independent judiciary• Terrorist attacks and state of emergency

Bojan Bugarič Emmanuel Crabit Sophie in ’t Veld Pauliine Koskelo Francis Lamy Maria José Rangel de Mesquita

13:00 Lunch

Plenary session

Chair: Wolfgang Heusel14:30 Keynote address: Brexit – symptom of the EU’s legitimacy crisis or just a British problem? Paul P. Craig

Panel discussion The crisis of the European project

• Reflecting on the legitimacy deficit of an elite project• Which scenarios for the future of Europe (focus on the European Commission’s White Paper)?• The “ever closer Union” or “United in diversity” – what should be the finality for the EU?

Katarina Barley Wiebe de Vries Jean-Luc Sauron Ludger Schuknecht Pedro Silva Pereira

17:00 End of Congress

19:30 Gala Dinner

Part 3: The crisis of the European project undermining the authority of EU law – the EU in search of legitimacy

www.era25.eu

Accommodation

Vienna House EasyMetzer Allee 6, 54295 TrierTel: +49 (0) 651 93770

Villa HügelBernhardstr. 14, 54295 TrierTel: +49 (0) 651 93710-0

Park Plaza HotelNikolaus-Koch-Platz 1, 54290 TrierTel: +49 (0) 651 99930

Penta Hotel TrierKaiserstraße 29, 54290 TrierTel: +49 (0) 69 256699300

Hotel Deutscher HofSüdallee 25, 54290 TrierTel: +49 (0) 651 97780

ibis Styles TrierMetzelstraße 12, 54290 TrierTel: +49 (0) 651 994920

Evening Programme Thursday, 19 October 2017, 20:00Reception & Fundraising AuctionERA Conference Centre

Friday, 20 October 2017, 19:30Gala DinnerNells ParkDasbachstraße 12, 54292 Trier

TaxiPlease call the Taxi-Zentrale-Trier: +49 (0) 651 12012

Bus Shuttle


18:30: ERA → Hotels (Park Plaza, Ibis Styles, Deutscher Hof, Penta Hotel)

19:45: Hotels → ERA

23:00: ERA → Hotels


08:45: Hotels → ERA

17:30: ERA → Hotels

19:15: ERA / Hotels → Nells Park Hotel

23:00-00:00: Nells Park → ERA / Hotels

Congress SecretariatNatalia Gorski

Karin Wenzel

Organisational matters www.era25.eu

Part 1: Law-making and the role of courts13:45

20:00 Reception

09:30

TOPIC A: Remaining and new obstacles to the Single Market rules

TOPIC B: Economic and Monetary Union (EMU) as an illustration of “the incomplete Union”

TOPIC C: Current threats to the rule of law in the EU


Building B / K1 & K2

Building B / Foyer

20:30 Art Auction Building B / K1 & K2


Part 2: Current challenges regarding compliance with and enforcement of EU law: the authority of EU law at risk

Building A / Gratianus

Building A / Helena

Building A / Ausonius

14:30 Part 3: The crisis of the European project undermining the authority of EU law – the EU in search of legitimacy

Building BK1 & K2

Check-In Building A / Helena & Gratianus

12:45 Welcome coffee Building B / Foyer

09:00 Welcome coffee Building A / Cafeteria

Congress office: Building A / Foyer

Press room: Building A / Cafeteria

Room Overview www.era25.eu

Highlighting 25 years of the Academy of European Law

2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017

16-20 Feb 2004Seminar EU law for Chilean lawyers requested by the Spanish Ministry of Foreign Affairs

22-23 Mar 2004Colloquium with ACA Europe on The preliminary reference procedure for judges from ten new Member States

5 Mar 2005First cooperation with rotating EU Presidency Luxembourg on Mutual trust in the European criminal area

2005Accessions to the ERA foundation

3 Jul 2006ECJ President Vassilios Skouris launches ERA’s annual summer reception in Luxembourg

2006Accession to the ERA foundation

27-29 Sept 200715th anniversary congress on The Future of legal Europe


10 Mar 2010Vice President Viviane Reding announces the priorities for the Commission’s criminal justice programme 2009-2014

25 Mar 2011 Official opening of the new ERA building

20 Dec 2011Presentation of the ERA-EJTN study Judicial Training in the EU commissioned by the European Parliament to its Legal Affairs Committee

18-20 Oct 2012 20th anniversary congress on The citizen at the heart of EU law


18-20 Apr 2013ERA co-organiser of the 7th European Jurists’ Forum in Barcelona

26 Nov 2014Public hearing on the Rules of procedure of the future Unitary Patent Court co-organised in Trier by ERA


16-17 Apr 2015 Conference in cooperation with the European Commission and the Latvian Presidency on the proposed Regulation on the European Public Prosecutor’s Office

3 Jun 2016 Publication of the ERA-EJTN study on Judicial training in the area of EU competition law commissioned by the European Commission




8-9 Nov 1991Formal inauguration of ERA at the Electoral Palace in Trier – First conference on Conflict and cooperation between national legal systems and Community law

12 Mar 1992First regular conference on Asylum and immigration law

22 Jun 1992The Grand Duchy of Luxembourg, the State of Rhineland-Palatinate, the City of Trier and the Association for the Promotion of the Academy jointly establish the Academy of European Law Foundation

5 Jul 1993First meeting of the Board of Trustees

1994 Accession to the ERA foundation

and the German states

19 Oct 1995Framework agreement with Poland signed in Łódź on pre-accession cooperation

1996 ERA consortium partner for EU law training in PHARE projects to prepare Hungary and Bulgaria for accession

29 Jan 2003First annual reception in Brussels


1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004

20-21 Jun1997ERA congress on Legal Limits of a Geometrically Variable and Multi-speed Europe

11 Sept 1998 Opening of the ERA Congress Centre in Trier

7 Oct 1999The ERA library is awarded the status of an EU Documentation Centre

Jun 2000 ERA launches the first issue of its legal journal ERA Forum

13 Oct 2000ERA is founding member of the European Judicial Training Network (EJTN) and depositary of its “Bordeaux Charter”


19 Feb 2002Opening of ERA’s first Brussels Office

1-2 Dec 200210th anniversary jubilee congress




Academy of European Law

Tel: +49 (0)651 93737-0Fax: +49 (0)651 93737-90E-mail: [email protected]

www.era.int

Metzer Allee 4

54295 Trier, Germany

www.era25.eu

the authority of eu law - era additional · pdf filemaria josé rangel de mesquita....

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