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CJC Newsletter July 2014
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What has been done between February and June:
  • Judicial Cooperation Project
    • Creation of the JUDCOOP Database:
      • The Database gathers all the case-law selected during the project by the CJC’ expert team in collaboration with the national contact points in the participating Member States. It contains cases originating from over 19 jurisdictions, both from the project partner organisations (Croatia, Italy, Poland, Spain and the members of the Association of European Administrative Judges) as well as other EU jurisdictions. For each selected case, the project team prepared a case-note, whose format ensures that the Database can:
        • act as a practical tool able to improve the understanding and use of Judicial Interaction Techniques (‘JITs’);
        • encourage the cooperation between the project participants after the end of the Project – this will be possible, in particular, thanks to the connection between the Database and Blog (blog/forum is under development);
        • extend cooperation to judges and academics that did not take part to the Project’s activities.
      • The Database is freely accessible. It can easily be accessed from
        • the webpage of the Centre for Judicial Cooperation: from the red menu on the right side of the main page, choose European Judicial Cooperation in FR practice → Database
        • from the websites of the partner organisations (in process)
    • Italian Dissemination Seminar - Corte Suprema della Cassazione - co-organised by Scuola Superiore della Magistratura & CJC: ''Uguali nella Diversità: il diritto antidiscriminatorio in Italia e nell'Unione Europea: 8 May 2014
      • In considering the objectives of the meeting, the participants illustrated and presented the various legal facets related to the topic of non-discrimination, putting emphasis on the recent interpretations and on controversial questions in order to simulate debate on the matter. The seminar was designed for judges, district attorneys and lawyers, and open to anyone interested in the matter.
    • Final Conference - European Judicial Cooperation in the Fundamental Rights Practice of National Courts: 9-10 May 2014
      • The conference aimed at presenting the results of the research carried out by the expert team based on the three workshops on the principle of non-discrimination, right to a fair trial, and freedom of expression, and based on the three Handbooks prepared for each of these Workshops and on the relevant national dissemination events. It aimed to compare the use of different judicial cooperation techniques for different fundamental rights, and evaluate different techniques for the same fundamental right. These results will be collected and analysed in the Final Handbook which will be the starting basis of the discussion during the Conference. Following to a certain extent the model of previous JUDCOOP workshops, the conference was designed to differ from an academic conference or a classic session of judicial training. National judges were at the centre, and all the sessions revolved around their interest and practices, with the purpose of favouring the sharing of experiences and the confrontation among judges from different jurisdictions. Members of the JUDCOOP team, academics and practitioners contributed by providing an overview on the techniques of interaction and by giving a fuller account of the multi-layered practice regarding the protection of fundamental rights in different and interlaced judicial systems.
    • Italian Dissemination Seminar - Palazzo di Giustizia di Napoli: "Il Principio di Non-Discriminazione - Influssi Comunitari sulla Giurisprudenza Interna'': 14 May 2014
      • The Naples division of the School for the Judiciary organised a round table on the principle of non-discrimination, under the organisational supervision of judge Raffaele Sabato and judge Ernesto Aghina. In particular, judge Sabato set out to build upon the experience of the JUDCOOP project with the purpose to disserminate some of the results at the local level. Several judges contributed as invited speakers to the roundtable, which was attended by several colleagues working in the area of Naples. The speakers approached the principle of non-discrimination from different angles, drawing from personal experience on the bench: the treatment of immigrants, non-discrimination on grounds of sexual orientation, non-discrimination in the workplace. Judge Nicoletta Aloj, who had taken part in the CJC workshop organised in the framework of the JUDCOOP project, took the floor to share with the colleagues the experience and the process of confrontation and learning occurred under the auspices of the Centre for Judicial Cooperation of EUI. Finally, Dr Filippo Fontanelli made a short presentation on behalf of the CJC, to relate about the purposes and the outcomes of the JUDCOOP project. This was but the first of several dissemination events that were organised after the last workshop held in Florence on 9-10 May, the purpose of which would be to share the results of the project with a wider audience of national judges. 
    • Judicial Dialogue - Present and Future - National Romanian Dissemination Seminar - organised by Romanian Institute of Magistracy: 19-20 May 2014
      • Centre for Judicial Cooperation together with the Romanian National Institute of Magistracy and Superior Council of Magistracy held on 19-20 May 2014 in Bucharest the national dissemination conference in the ambit of the project European Judicial Cooperation in Fundamental Rights (JUDCOOP), funded by the European Commission Fundamental Rights & Citizenship Programme (JUST/2012/FRAC/AG/2755). The event brought together national judges, presidents of courts of appeal, judges who participated at the Workshops in Florence and at the dissemination event in Bucharest, as well as judges from the High Court of Cassation and Justice, the Romanian judge at the CJEU, president of the Constitutional Court, high-level government officials and representatives of partner institutions. The participants discussed the problems in the field of European Fundamental Rights adjudication and the innovative solutions and deliverables proposed by the Project which aim to achive coherence and enhancement of European Fundamental rights via judicial interaction techniques. In light of the approaching ending of the Project the participants explored the future steps for a prosperous cooperation in the area.
    • Polish Dissemination Seminar - organised by Polish Supreme Administrative Court: 23-24 June 2014
      • The conference involved the series of lectures delivered by Poland's prominent scholars (prof. Marek Safjan, prof. Ewa Łętowska and prof. WÅ‚adysÅ‚aw Biernat) and was complemented by a round table delivered by representatives of the project partners, perspectives of the national Supreme Court as well as the representative of the Polish government before the ECHR. The project team was represented by Prof. Fabrizio Cafaggi, dr. Filippo Fontanelli and Karolina Podstawa. The Conference gathered around 70 participants (including Presidents of Voievodship Administrative Court and participants of the project). The focus placed on the utility of project deliverables and of the judicial interaction techniques. First day was devoted to presentation of Polish specificity on the basis of case law and experiences of present judges - partially in a comparative perspective. The second day was focused on the project and the difference it has made and can make in the future - especially if the deliverables are put to the use.
         
  • Joint Events
    • Model Rules for EU Administrative Procedures - discussion of ReNEUAL Draft Rules - organised in collaboration with the European Law Institute: 21-22 February 2014
      • The workshop focused on the results of the ReNEUAL project aimed at addressing the needs for simplification of EU administrative law, interpreted as the body of rules and principles governing the implementation of EU policies by EU institutions and Member States.The Working Group suggested that the Committee on Legal Affairs at the European Parliament examines the possibility of preparing a legislative initiative for a single general administrative law binding on the Union's institutions, bodies, agencies and offices, based on Article 298 TFEU, focusing on administrative procedure and providing a minimum safety net of guarantees to citizens and businesses in their direct dealings with the EU's administration. The Group considered that legally enforceable procedural rights are an essential prerequisite to achieve a culture of good administration and a service ethos, but are not in themselves sufficient to achieve these objectives, and therefore that various soft-law instruments should be closely examined as a complement to hard-law rights. 
    • Central and Eastern European Judges Under the EU Influence: The Transformative Power of Europe Revisited on the 10th Anniversary of the Enlargement - co-financed by CJC and the College of Europe:12-13 May 2014
      • The Conference aimed to discuss inter alia: What has been the "transformative power” of EU law on the reasoning and legal ideologies of Central European countries’ judiciary? What has been the impact of EU membership on their institutions? How can we explain the radical change of approach of some initially "Euro-friendly” Constitutional Courts that in recent times have questioned the constitutionality of EU acts and even a judgement of the ECJ? What are the cultural and political reasons of the backsliding on rule of law and constitutional guarantees in some of the Central and Eastern European countries following the accession? The plan was to confront and contrast the “older” scholarship in this area (before and around 2004) with the “newer” scholarship in the same area (authors writing about life of EU law in the new Member States in the recent years), and with the judges and practitioners from the respective systems, i.e. the impressions from the practice itself. Such “triangular” debate ought to be able to provide a more reliable picture about judicial realities and structures in CE states. 
    • Law & Neuroscience: Revising the Legal Standard for Insanity: 6-7 June 2014
      • This international conference brought together prominent legal scholars, philosophers, neuroscientists and judges from various European countries and the US, to discuss the role that neuroscientific evidence plays in judicial decisions regarding insanity in an interdisciplinary, neuroscientific, legal, policy and conceptual and philosophical perspective. The conference, which was co-financed by Prof. Dennis Patterson and by the Centre for Judicial Cooperation (EUI), is the second international and interdisciplinary event in the framework of the Guilty Mind project on the use of neuroscience in criminal trials.
What is to come:
  • Joint events
    • Parity on the Bench - Women in the Judiciary and Renewed Conceptions of the Legitimacy of Courts - Ruth Rubio Marin and Stéphanie Hennette-Vauchez: 25-26 September 2014
    • ALIAS Conference - Legal and Social Impact of Automated Systems in Aviation - Giovanni Sartor: 1-2 October 2014
    • Judges as Guardians of Constitutionalism and Human Rights - Learning Through Comparison - Martin Scheinin: 6-7 November 2014
  • Centre for Judicial Cooperation – European University Institute
  • Villa Schifanoia – Via Boccaccio 121, IT-50133 Florence, Italy
  • For further information contact: Bart ProvoostTelephone: (+39) 055 4685761 (Int. 2761) - Fax: (+39) 055 4685200 (Int. 2200)
  • “Will the Accession of the EU to the European Convention on Human Rights fundamentally change the relationships between the Luxembourg and the Strasbourg Court?”, Christiaan Timmermans - published on EUI Cadmus
  • “Human Rights and the Rule of Law”, Geert Corstens - forthcoming
  • "The Emergence of a Model of Cooperative Justice in Europe", Loïc Cadiet - forthcoming
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