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EU Charter of Fundamental Rights
Dates: 8-9 April 2016
Deadline for registration: 18 March 2016
Location: Monastery of San Nicolò, Venice Lido (Italy)
Scientific Coordinator: Jean-Paul Jacqué
Project Manager: Elisabetta Noli
Program
Since the Lisbon Treaty has provided the Charter of Fundamental Rights of the European Union the same legal value as the Treaties, the Charter’s provisions have increasingly been invoked before national jurisdictions and before the Court of Justice of the European Union. Insofar as the Charter concerns the Member States when they apply EU Law, it has become - in a number of cases - an instrument of control of States’ behavior.
A paradigmatic example is provided by the “Google” case, whereby the international web company has been required to respect the “right to be forgotten” of its customers following private citizens’ appeals and preliminary rulings before the Court of Justice. Upon similar principles the Court of Justice declared the Directive 2006/24/EC on “data retention” invalid for violating fundamental rights. Every year the Court of Justice deliberates on around sixty preliminary rulings, whereby the Charter is invoked.
The object of this training course is to explore the scope and usefulness of the Charter for the legal practitioners facing the national courts or the Court of Justice of the EU, mostly by means of preliminary reference. Beyond illustrating the key features of the Court and essential aspects of its functioning, the training seminar will be dedicated to the analysis of relevant case law in parallel working groups with a view to allow discussion and exchange on specific concrete questions, among which:
Privacy and Data Protection have become key issues in the context of protecting fundamental rights as a result of the growing use of information and communication technologies. The EU has been at the forefront of developing and introducing legal frameworks for data protection. Unlike other major human rights documents, the EU Charter is unique in that it treats data protection as a fundamental right distinct from the right to respect for private and family life.
Asylum and Immigration are at the centre of current fundamental rights debates given the far-reaching migration crisis that the EU is presently facing. The Charter contains the right to asylum and prohibits the collective expulsion and the removal of individuals if there is a risk to their life or of other serious harm. However, in light of recent events in Europe the right to asylum and its application have become more contentious than ever.
Economic and Social Rights have been of great interest, particularly following the severe 2008 financial and economic crisis with its consequences in the foreign debt crises in Greece and other Member States and the resulting austerity measures in many countries in the EU. The discussion on economic and social rights is now being exacerbated by the ongoing migration crisis, and is set to remain a debated issue in the context of the EU Charter and among legal practitioners.
Internal Market legislation and its relationship with the EU Charter of Fundamental Rights has been a continuously debated matter since the inception of the Charter. The workshop will provide an overview of this topic and focus on several case studies to illustrate relevant jurisprudence.
The participants
- Prof. Jean-Paul Jacqué, is Honorary Director General of the Council of the European Union, and Professor Emeritus at the University of Strasbourg – of which he was President from 1983 till 1990 (at the time Université Robert Schuman, Strasbourg). Within EIUC he is member of the Board of Administrators since 2010. Prof. Jean-Paul Jacqué, in addition to his academic career within the University of Strasbourg, holds Visiting Professorships and research positions in several other prestigious institutions, including the College of Europe - Bruges, the European College of Parma, The Trans European Policy Studies Association (TEPSA) in Brussels, and the universities of Barcelona, Bologna, Louvain, Lisbon, Madrid and Santiago du Chili. Author of books and articles on Administrative Law, International Law, and European Law, he has contributed – within the Legal Service of the Council of the European Union – to the drafting of the EU Charter of Fundamental Rights.
- Jeff Kenner is Professor of European Law at the University of Nottingham where he teaches and researches in European Union Law and Employment Law, specialising in fundamental rights and external relations. He is based in the Human Rights Law Centre of the School of Law.
- Professor Kenner is the Project Leader for the University of Nottingham for FRAME (Fostering Human Rights Among European Policies), 2013-2017, a major EU FP7 collaborative research project involving 19 universities from around the world. All reports and news can be found at: http://www.fp7-frame.eu/
- He is an editor and contributor to Peers S., Hervey T., Kenner J. & Ward A., The EU Charter of Fundamental Rights: A Commentary (Hart, 2014). He is editor and contributor to Ales E., Deinert O. & Kenner J., Core and Contingent Work in the European union: A Comparative Analysis (Hart, 2016, forthcoming). He is author of EU Employment Law (Hart, 2003) - second edition due to be published in 2017. In addition to editing collections and many book chapters, he has published articles in leading journals including the European Law Review, the Industrial Law Journal, the Maastricht Journal and the Yearbook of European Law. He is on the editorial board of the Human Rights Law Review. He has provided expert advice to the European Commission and the EU Fundamental Rights Agency. He had been a Visiting Professor at Columbia University, New York City and has presented over one hundred papers at international academic and professional conferences.
- Dr. Vasiliki Kosta is Assistant Professor of European Law at the Europa Institute of the Leiden Law Faculty, University of Leiden since 2012. Kosta studied law at King’s College London obtaining the LL.B. in 2006 and the LL.M. in European Law with ‘Distinction’ in 2007. She pursued her doctoral studies at European University Institute in Florence, obtaining the Ph.D. for her thesis on ‘Fundamental Rights in Internal Market Legislation’ in 2013. From 2009 - 2011 Kosta worked as a research associate at the Academy of European Law, EUI Florence, and in 2011/2012 she completed a traineeship at the EU Agency for Fundamental Rights.
- Steve Peers is a Professor of EU Law and Human Rights Law at the University of Essex. He is the co-editor of the Commentary on the EU Charter of Fundamental Rights, the co-author of a book on the EU Citizenship Directive, the author of 3 editions of EU Justice and Home Affairs Law, the co-author of EU Immigration and Asylum Law: Text and Commentary, the co-editor of a recent textbook on European Union Law, the author of dozens of other articles on EU Law, the editor of the EU Law Analysis blog, a consultant, conference speaker and media commentator on EU law issues, and a frequent contributor to the work of the UK Parliament, the EU institutions (including the Fundamental Rights Agency) and a number of NGOs on EU law.
- Giangiuseppe Sanna holds a joint PhD in EU law from University of Bologna and the University of Strasbourg. He is currently Professor under contract of EU Law class at the Catholic University in Milan where is also Partner at the international Law Firm Studio Legale Sutti. Member of the Commercial Law and Practice of the International Chamber of Commerce (ICC) in Paris, he is author and speaker in several seminars and conferences. His main fields of practice and research are international private law, cross border litigation, commercial agreements, consumer protection and fundamental rights.
How to participate to the Conference
Target: the seminar is addressed to legal practitioners (lawyers, judges, legal scholars, legal experts working for NGOs, etc.) from Europe or who have a specific interest in deepening the judicial mechanisms of protection offered by the European human rights legal system.
The seminar is conceived for practitioners who are specialized in EU Law, but also for other jurists and legal professionals who – despite not treating EU files frequently – can be confronted with different case law where EU Law applies, and who can then uphold the rights guaranteed by the Charter against a national law or legal practice.
Eligibility: Lectures are conceived for participants with a legal background, and who have legal professional experience or are practicing with a view to enter legal professions.
Training language: all lectures will be held in English. It is, therefore, essential that all participants understand and speak English fluently.
EIUC will review applications on an on-going basis. This way, EIUC aims to give participants as much time as possible for the organisation of travelling and accommodation (see also: Practical Information) – as well as visa procedures – should the applicant be a non-EU citizen.
For more information about visa requirements, please visit the following website: http://www.esteri.it/visti/index_eng.asp
All participants attending the training will receive a certificate of participation upon completion of the seminar.
Organizer and Partners
Information & contacts
For any query about the Training Seminar on the EU Charter of Fundamental Rights drop us an email at training.eucharter@eiuc.org or fill in the contact form below.
The Training Seminar Staff
Website: www.eiuc.org/eucharter
Email: training.eucharter@eiuc.org
Telephone: +39 041 2720 924
Fax: +39 041 2720 914
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