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era.int
PROTECTING
FUNDAMENTAL RIGHTS
IN THE EUROPEAN
UNION: TOOLS,
CHALLENGES AND WAY
FORWARD Trier, 18-19 June 2015 ERA Conference Centre
Metzer Allee 4, Trier, Germany
Organiser:
Dr Karine Caunes, ERA
Languages: English, French, German
(simultaneous interpretation)
Event number: 415D30
For further information:
Elizabeth Klopocki Tel. +49 (0)651 937 37 322
Fax. +49 (0)651 937 37 773
E-mail: [email protected]
Online registration: www.era.int/?125011&en
Objective
The aim of this conference is to analyse recent
developments in the field of fundamental rights
protection in the European Union. It will address the
challenges legal practitioners face when dealing
with fundamental rights issues, shed light on the current state of the EU system of fundamental rights
protection and provide tools regarding its effective
implementation.
Key topics
Review of the Commission’s ‘Strategy for the
effective implementation of the Charter of Fundamental Rights by the European Union’
five years on
EU Charter of Fundamental Rights: scope and
limits (Åkerberg Fransson (C-617/10), Siragusa
(C-206-13), AMS (C-176/12), Pfleger (C-390/12)
et al.)
The future of the European multi-level equivalent protection system:
between the EU and the ECHR systems (aftermath of the CJEU's Opinion 2/13 on
EU accession to the ECHR);
between the EU and national systems (CJEU Melloni (C-399/11), Spanish
Constitutional Court (STC 26/2014) et al.)
Access to justice: impact of post-Lisbon
depillarisation on access to the CJEU,
comparative assessment of ECtHR and CJEU
standards, the role of non-judicial bodies
Fundamental rights standard-setting through EU legislation
Who should attend?
Judges, lawyers in private practice, national and European civil servants, representatives of NGOs,
equality bodies and NHRIs.
Confirmed speakers
Chiara Adamo, Head of Unit, Fundamental Rights
and Rights of the Child, DG Justice, European
Commission, Brussels
Guy Canivet, Judge, Constitutional Council of the
French Republic, Paris
Nial Fennelly, former Judge of the Supreme Court
of Ireland, Dublin
Jana Gajdošová, Expert, Access to Justice Unit,
European Union Agency for Fundamental Rights,
Vienna
Jean-Paul Jacqué, Honorary Director-General and
Special Adviser to the Council of the European
Union; Emeritus Professor, University of
Strasbourg
Aidan O’Neill QC, Advocate and Barrister,
Edinburgh and London
Maria José Rangel de Mesquita, Judge,
Portuguese Constitutional Court; Professor,
Faculty of Law of the University of Lisbon
Lord Tyre, Judge, Supreme Courts of Scotland,
Edinburgh
Joseph H.H. Weiler, President, European
University Institute, Florence
IMPORTANT NOTE This event is part of the Catalogue+ of EJTN. There are 10 free places available for
judges and prosecutors from the Member States.
Application deadline: 4 May 2015.
To apply, please contact the EJTN secretariat:
www.ejtn.eu.
ERA is funded with support from
the European Commission. This communication reflects the view only of the author, and the
Commission cannot be held responsible for any use which may
be made of information contained therein.
Education and Culture DG
Erasmus+ Programme
II.
14:00
14:30
14:45
15:15
15:30
16:15
16:45
17:15
REDRESS MECHANISMS AGAINST FUNDAMENTAL
RIGHTS VIOLATIONS IN EUROPE
Safeguarding common European values and
fundamental rights in the European Union:
challenges and potential solutions
Fundamental rights monitoring in the EU
Rule of law dialogue and Art. 7 TEU
Discussion
Rights and redress mechanisms: innovative tools
for a better protection
FRA’s forthcoming Fundamental Rights Survey
Role and access to non-judicial actors (NHRIs, equality
bodies, ombudsmen) The CLARITY project: ‘Complaints, Legal Assistance and
Rights Information Tool for You’
Discussion
The right to an effective remedy in a comparative
European perspective Art. 47 EU Charter, Art. 6 and 13 ECHR
Discussion
Coffee break
Strategic litigation before European courts: private
parties’ direct and indirect access to the ECtHR and
the CJEU
18:00 Discussion
18:15 End of first day
19:00 Guided walking tour in the vineyards, dinner and
wine-tasting
Thursday, 18 June 2015
08:30
Arrival and registration of participants
09:00 Welcome and introduction
I. THE “CHARTER STRATEGY” FIVE YEARS
LATER
09:15 The Charter in practice: what has it changed?
Scope of application
General principles of EU law, the Charter’s rights and principles
Relationship between EU law and the ECHR
10:00 Discussion
10:15 The Commission’s action
Fundamental rights impact assessment,
monitoring and evaluation of EU legislation
Fundamental rights legislation and its proper
implementation: a year in review
11:00 Discussion
11:15 Coffee break
11:45 Lawfulness of legislative limitations on the
exercise of fundamental rights
Fundamental rights ‘check-list’
Consequences of the CJEU Digital Rights Ireland judgment on the EU legislature’s discretion
12:15
12:30
Discussion
Concluding remarks
12:45 Lunch
Friday, 19 June 2015
III. FUNDAMENTAL RIGHTS PROTECTION
THROUGH COURTS: HARMONY AND
DISSONANCE
09:00 Roundtable 1 – ‘European human rights
court’ and ‘European supreme court’: what is
the difference?
CJEU Opinion 2/13 on EU accession to the ECHR
EU Charter and ECHR: complementarity or
competition?
Protocol No 16 to the ECHR
Subsidiarity principle
Balance of rights and interests
10:15 Discussion
10:30 Coffee break
11:00 Roundtable 2 – National judges as European
judges
Standards of fundamental rights protection
Use of the EU Charter and the ECHR in national
judicial proceedings
Preliminary reference to the CJEU and the
ECtHR (Protocol 16)
12:30 Discussion
12:45 Concluding remarks
13:00 End of the conference
Programme may be subject to amendment.
For programme updates: www.era.int