ISEL/UKAEL Conference Brochure

8/3/2019 ISEL/UKAEL Conference Brochure

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www.ukael.org www.isel.ie

Reflections on the Role of European Law Through

the Financial and Economic Crisis

The Dublin 2011 Conference

A Joint Conference ofThe Irish Society for European Law

andThe United Kingdom Association for European Law

Friday, 18 November 2011

at

The Law Society of IrelandBlackhall Place

Dublin 7

Ireland


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CONFERENCE PROGRAMME

8:15am to 8.45am Registration

8:50am Welcome: Donogh Hardiman BL, Hon. Secretary of the ISEL

8:55am Introduction: ISEL Organising Committee

9:00am to 10:30amSESSION 1

: THE STATE AID RESPONSE TO THE FINANCIAL AND ECONOMIC CRISISIntroduction of Speakers: Richard Ryan, Arthur Cox

Moderator: The Hon. Mr. Justice Aindrias Caoimh, Court of Justice of the European Union

Panellists: Leo Flynn, European Commission, Legal Service

Conor Quigley QC, Serle Court Chambers

John Meade, Partner, Arthur Cox

Professor Piet Jan Slot, Europa Institute, Leiden University

Rapporteur: Aileen Murtagh, A&L Goodbody

Issues for discussion may include:

Has the European Commissions temporary framework to support access to finance been asuccess? Are there implications for withdrawal of the temporary framework?

A comparison of approaches taken to bank support across the EU.

Has the European Commission's State aid framework for the financial sector achieved its goals?Is it fit for purpose? What lessons have been learned from the crisis and the State aid response?

How has the European Commission's experience in the financial sector impacted on its generalapproach to rescue and restructuring aid?

Has the State aid policy response facilitated a reorganisation and downsizing of the financialsector across the EU? Have remedies imposed on restructured banks enhanced the competitivelandscape across the EU? Has there been a retrenchment by banks to home markets? How havethe State aid rules impacted on this?

How has the European Commission's exit strategy worked to date? What issues arise whenMember States divest their bank interests?

What issues arise from the interplay between competition rules and financial regulation?

10:30am to 10:45am Coffee/Tea Break

10:45am to 12:15pm SESSION 2: THE EU FINANCIAL REGULATORY RESPONSE TO THE FINANCIAL CRISISIntroduction of Speakers: Maureen ONeill, McCann FitzGerald

Moderator: Professor Takis Tridimas, School of Law, Queen Mary University of London

Panellists: Emil Paulis, Director, Financial Markets, DG Internal Market and Services,European Commission

Joseph Gavin, General Counsel, Central Bank of Ireland

Simon Crown, Partner, Clifford Chance LLP

Paul O'Connor, Director of Capital Markets and Risk, Irish Banking Federation

Rapporteur: Sarah Jane Hillery BL


To what extent did the pre-existing regulatory framework contribute to the financial crisis?

A comparison of different national approaches taken to the supervision of financial institutionsacross the EU.

How has the financial crisis affected the European Commissions vision of a single EU market infinancial services? How is the need for financial institutions to be risk-takers balanced with theneed to protect consumers and taxpayers?

Is it right that Member State taxpayers should underwrite the cost of failed financial institutions?

Is a single European financial services regulator the logical next step?

How does the European Commission ensure that the EU financial services industry remainscompetitive in an international context?

What has been the European Commissions response to the financial crisis? How will theEuropean Commissions legislative response to the financial crisis prevent a future crisis, if at all?


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12:15pm to 1:45pm Conference Lunch

1:45pm to 3:15pm SESSION 3: LITIGATING IN THE FINANCIAL CRISISIntroduction of Speakers: Joanne Finn, Eugene F. Collins

Moderator: The Hon. Mr. Justice Donal ODonnell, Supreme Court of Ireland

Panellists: Shane Murphy SC

Christopher Mallon, Partner, Skadden, Arps, Slate, Meagher & Flom LLP

Piers Gardner BL, Monckton Chambers

Rapporteur: Jessica Loughnane, Eugene F. Collins


Irish financial crisis litigation

EU law issues in the primary Irish cases

Mortgage litigation, debtors, bankruptcy and the proposed LRC reforms

Current jurisprudence on forum shopping

Proposed EU reforms on Regulation 44/2001

The impact of the ECHR on commercial litigation

Understanding the ECHR strategies available to corporate litigants

Does the ECHR really offer serious financial relief?

3:15pm to 3:30pm Coffee/Tea Break

3:30pm to 5:00pm SESSION 4: FUNDAMENTAL RIGHTS OF COMPANIES IN EU LAW: WIDENING THE SCOPEAND

INCREASING CORPORATE PROTECTION

Introduction of Speakers: Margaret Gray BL

Moderator: The Hon. Mr. Justice John Cooke, High Court of Ireland

Panellists: Peter Oliver, European Commission, Legal Service

Fernando Castillo de la Torre, European Commission, Legal Service

Commentators: The Hon. Mr. Justice Nial Fennelly, Supreme Court of Ireland, President of theISEL

Professor Sir Francis Jacobs, K.C.M.G., P.C., Q.C., Kings College London,President of the UKAEL

Rapporteur: Ronan Lupton BL

Presentation 1: Fundamental rights of companies in EU law

Overview of the extent of corporate protection under the ECHR

Overview of the extent of corporate protection under the Charter, with focus on rights of:

o privacy

o property

o effective judicial protection

Presentation 2: Corporate rights in EU competition law proceedings

The institutional setting of enforcement of EU competition law

Presumption of innocence applied to legal persons

Rights of defence in competition proceedings

5:00pm Closing Remarks: Christopher Vajda QC, Hon. Treasurer of the UKAEL

5.15pm Conference Reception

7.00pm Conference Dinner (by subscription)


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GENERAL INFORMATION

ORGANISING COMMITTEE

Joanne Finn, Eugene F Collins, Dublin, IrelandGlen Gibbons BL, Law Library, Dublin, IrelandMargaret Gray BL, Law Library, Dublin, Ireland; Brick Court Chambers, London, United Kingdom

Donogh Hardiman BL, Law Library, Dublin, IrelandMaureen ONeill, McCann FitzGerald, Dublin, IrelandRichard Ryan, Arthur Cox, Dublin, Ireland

Christopher Vajda QC, Monckton Chambers, London, United Kingdom (UKAEL Liaison)

FURTHER INFORMATION

E-mail: [email protected]

Telephone: +353 1 618 0643 (Peter McNally, Arthur Cox)

Website: www.isel.ie

REGISTRATION FEES

Registration Fees are as follows:

RATE

ISEL/UKAEL Member 160

Non ISEL/UKAEL Member 200

Full Time Students, Solicitor Trainees and Devil Barristers 50

Registration fees cover attendance,all Conference materials, tea and coffee breaks, lunch and the Conference Reception, butnot the Conference Dinner.

CONFERENCE DINNER (BY SUBSCRIPTION)

A dinner is arranged for Friday evening after the Conference Reception. The dinner (inclusive of wine, taxes and gratuities)will be held at the Law Society of Ireland and is available for an additional fee of 60. Please use the attached Registration

Form to apply for the dinner. Places are limited and will be allocated on a first come, first served basis.

REGISTRATION AND PAYMENT

Please complete the attached Registration Form and return it, as indicated on the Form, with payment as follows:

- Payment by cheque, bank draft or money order should be in Euro and made payable to Irish Society for European Law (see

the registration form for further payment details).

- Payment by bank transfer in Euro should be made to the following account:

Name of Account: Irish Society for European LawBank: Allied Irish BankAddress: 7/12 Dame Street, Dublin 2, IrelandAccount Number: 87237237

Sort Code: 93 20 86BIC/Swift: AIBKIE2DIBAN: IE89AIBK 9320 8687 237 237

If you are paying by bank transfer, please provide written proof of transfer with the Registration Form.


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CANCELLATION POLICY

For cancellations received on or before 1 November 2011, fees paid will be refunded less a deduction of 25. For cancellationsreceived after 1 November 2011, fees paid will be refunded less a deduction of 125. Requests for refunds must be submitted inwriting by 1 December 2011 to the ISEL by e-mail to [email protected].

CONTINUING PROFESSIONAL DEVELOPMENT (CPD)

Six CPD hours are available under:

- the Law Society of Irelands Continuing Professional Development Scheme; and

- the Bar Council of Irelands Continuing Professional Development Scheme.

Accreditation pending for six CPD points with the Solicitors Regulation Authority and the Bar Standards Board of England and Wales.

HOTELS

Given the high demand for hotel accommodation during weekends in Dublin, we recommend that you book early.

For hotel reservations, please book directly with the hotel.

Preferred Hotel -Clarion Hotel, IFSC

North Wall Quay, Irish Financial Services Centre, Dublin 1

www.clarionhotelifsc.com+353 1 433 8822

A block of rooms have been reserved at a preferential rate at the Clarion Hotel, IFSC. These rates are available from 17November to 19 November inclusively.

Preferential rates:

105 for a single B&B

120 for a double B&B

To book a room at the conference preferential rate, please contact the Clarion Hotel at +353 1 433 8822 [email protected] and quote the reference ISEL/UKAEL.

Dublins convenient tram system, the Luas, runs behind the Clarion Hotel. The stop closest to the hotel is Mayor Square, NCIand the tram will take you to Smithfield, which is within a few minutes walk of the conference venue at the Law Society of Ireland.

Other hotels convenient to the Conference venue are:

The Morrison Hotel

Lower Ormond Quay, Dublin 1www.morrisonhotel.ie+353 1 887 2400

[email protected]

The Morrison Hotel is located on the northside of the River Liffeys quays and is about a 15 minute walk from the Conferencevenue.

Jurys Inn Christchurch

Christchurch Place, Dublin 8

www.dublinhotels.jurysinns.com/jurysinn_christchurch+353 1 454 0000

Jurys Inn Christchurch is located opposite Christchurch Cathedral and is about a 15 minute walk from the Conference venue.

Aisling Hotel

Parkgate Street, Dublin 8

www.ashlinghotel.ie+ 353 1 677 [email protected]

The Aisling Hotel is located near Heuston Train Station and is about a 10 minute walk from the Conference venue.


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Registration FormISEL/UKAEL Conference 2011

Friday, 18 November 2011, Dublin, Ireland

Last Name: First Name:

Firm/Organisation/Institution:

Address:

City and Postal Code: Country:

Tel: Email:

1. REGISTRATION FEES Please select

ISEL Member for the current membership period (1

October 2011 to 30 September 2012)

160

UKAEL Member for the current membership period

(1 January 2011 to 31 December 2011)

160

Non ISEL/UKAEL Member 200

Full Time Students, Solicitor Trainees and DevilBarristers

50

2. CONFERENCE DINNER:(Subject to availability - limited places)

60

3. TOTAL AMOUNT PAYABLE:

Please indicate any special dietary requirements:_________________________________________

PAYMENT DETAILS

Cheque/bank draft/money order in Euro made payable to Irish Society for European Law for total amount is attached

Bank transfer in Euro to the Irish Society for European Law bank account for total amount payable has been made and writtenproof of bank transfer is attached

Name of Account: Irish Society for European LawBank: Allied Irish BankAddress: 7/12 Dame Street, Dublin 2, IrelandAccount Number: 87237237Sort Code: 93 20 86

BIC/Swift: AIBKIE2DIBAN: IE89AIBK 9320 8687 237 237

SUBMISSION OF REGISTRATION FORM

By Post: ISEL/UKAEL Conference 2011, Attention: Peter McNally, Arthur Cox, Earlsfort Centre, Earlsfort Terrace, Dublin 2, Ireland

By Fax (only if paying by bank transfer):

ISEL/UKAEL Competition Law Conference

Attention: Peter McNally, Arthur Cox

Fax: +353 1 616 3852 Tel: +353 1 618 0000

By Email (only if paying by bank transfer): [email protected]

Documents

ISEL/UKAEL Conference Brochure