EU Law for Non-Lawyers

Transcription

1 Seminar EU Law for Non-Lawyers Barcelona, May 2016 European Institute of Public Administration European Centre for Judges and Lawyers Seminar venue Grupotel Gran Vía 678 Gran Vía Corts Catalanes, Barcelona Introduction Target group EU regulatory affairs professionals from business and professional associations, officials and specialists in the national administrations and EU institutions who are non-lawyers but are affected directly or indirectly by European Union legislation, for instance by participating in the EU law-making or law approximation process, as well as when applying national laws derived from EU law. Other professionals wishing to gain or expand their knowledge of EU law will also benefit from this training. Description The body of national law derived from EU directives and regulations expands into all areas of government and officials in both, national and EU administrations play an increasingly active role as administrators and enforcers of EU law. Therefore, they need a sufficient understanding of legal norms to avoid actions incompatible with EU legislation, leading to compensation claims against them and their authority. On the other hand, regulatory affairs professionals from business and professional associations are required to possess good knowledge of EU legislative framework in order to actively influence the EU lawmaking process. This series of tutorials will provide a concentrated, in-depth introduction into the most important rules of EU law. It is divided into two modules, starting with the EU legal framework and the new comitology system after Lisbon, moving to decision-making in the EU institutions, and ending with Internal Market rules and case law of the Court of Justice. Practical case studies and a workshop will enable participants to better understand various legal acts and their application in practice. Module 1: (day one and two) The EU Legal System, Comitology procedure after Lisbon, EU founding principles and competences vis-a-vis Member States, decision-making process at EU level, EU law implementation at EU level and the Internal Market and the Fundamental Freedoms Module 2: (day three) Consequences of breaches of EU law by the Member States and EU institutions, infringement proceedings, actions for annulment, damages actions Learning methodology The programme is divided into two modules to offer participants flexibility in adapting the event to their needs. The tutorial involves coaching by EIPA lecturers and external experts for small groups of participants, allowing for individualisation of the training. The workshops should put the knowledge gained by participants into a practical context to demonstrate the relevance and consequences of EU rules for their daily work. In addition, particular emphasis will be placed on interaction between participants so as to facilitate an exchange of their day-today practices. Objectives Provide non-lawyers with in-depth knowledge of the fundamental concepts of EU law and the EU law-making process, as well as deepening their understanding of their role in this process and obligations imposed by EU law to which they are subject; Allow participants to gain a practical understanding of the comitology process after Lisbon; Fine tune a practical understanding of the relevance and impact of EU legislation on their daily work and the mechanisms of its correct implementation into national systems; Provide a platform for the exchange of experience and information sharing.

2 Programme WEDNESDAY 11 MAY 2016 MODULE 1: EU LEGAL SYSTEM, EU LAW IMPLEMENTATION AT EU LEVEL AND THE RELATIONSHIP BETWEEN EU LAW AND NATIONAL LAWS Registration of participants Welcome and introduction to the seminar Presentation of EIPA and the European Centre for Judges and Lawyers Presentation of the programme and speakers, Lecturer and Seminar Leader EIPA Luxembourg Multiple-choice test On the basis of questions formulated in a test, participants will pre-assess the level of their knowledge. Answers will be distributed at the end of the seminar for participants to review the information provided during the seminar and assess their learning progress. Participants and The participants perception of the role of EU law in their work Individual presentation of participants The relevance of the tutorial s subject to participants work and programme items of individual interest Participants, and Tomasz Kramer, Lecturer EIPA Luxembourg 1.1 EU Legal System European Union s legal framework (I): Analysis of EU legislative instruments Hierarchy of EU law sources: instruments of primary and secondary law New categories of legal acts after Lisbon: legislative vs. non-legislative acts Binding vs. non-binding law (soft law) Role of unwritten sources of EU law ( general principles and case law) Different principles governing the choice of legal instruments and the degree of harmonisation Tomasz Kramer 1.2 EU Law Implementation at EU Level: Comitology European Union s legal framework (II): Delegated and implementing acts after the comitology reform Comitology reform after the Lisbon Treaty Main characteristic features of delegated and implementing acts Discussion Lunch Procedures for the adoption of delegated and implementing acts New practice of delegation of powers to the European Commission 2011 Comitology Regulation and practical changes to the executive acts Advisory and examination committees after Lisbon Discussion Coffee break Recognising delegated and implementing acts: workshop with practical examples Participants will be requested to recognise different EU legal instruments and their respective legal nature (delegated / implementing act), as well as identifying relevant provisions and contents determining duties and obligations upon those to whom these acts are addressed, deadlines or transposition periods Participants, and Tomasz Kramer Debriefing Evaluation of the first seminar day Followed by a reception Discussion Coffee break

3 Programme THURSDAY 12 MAY The Position of EU Law in Relation to National Legal Orders The nature and effect of EU law in its relation with national law Fundamental concepts governing the relationship between European law and the domestic law of Member States The principle of primacy, direct and indirect effect, state liability Tomasz Kramer Coffee break Case study: Applying EU law to a factual scenario This session will offer an opportunity to discuss in practical terms the concepts introduced throughout the seminar. A practical case study will be presented and participants will be invited to contribute to finding optimal solutions to given problem questions. Tomasz Kramer Lunch Break 1.4 EU Decision-Making Process Procedures for the preparation and adoption of legal instruments at EU level (I) EU policy cycle and categories of competences after the Lisbon Treaty The role and powers of the Council and European Parliament with respect to the adoption of EU law Decision-making rules and procedures adopted within different institutions Types of Council working parties (formal, informal, regular, ad hoc, etc.) Role of Council s preparatory bodies and the role of presidency in Council s meetings Workings of the European Parliament Coffee break Procedures for the adoption of legal instruments at EU level (II) Different legislative procedures after the Lisbon Treaty: The ordinary and special legislative procedures The interaction between different EU institutions and their powers with respect to different legislative procedures Role of national Parliaments in the EU decisionmaking process after the Lisbon Evaluation of the second seminar day and end of Module 1 FRIDAY 13 MAY 2016 MODULE 2: CONSEQUENCES OF BREACHES OF EU LAW BY THE MEMBER STATES AND EU INSTITUTIONS AND OTHER BODIES 2.1 Legal Procedures for Compliance with EU Law by the Member States The European Commission s role as the guardian of the EU Treaty : enforcement actions brought against Member States before the Court of Justice of the European Union Concept and nature of infringement of EU law by Member States Types of infringement procedures Different phases of the infringement procedure Pecuniary penalties Virgil Ivan-Cucu, Senior Lecturer, EIPA Luxembourg Coffee break Recent cases for non-compliance with EU law: problems in practice The Commission s burden of proof The Member States defence The impact of the Court s judgments in the Member States Virgil Ivan-Cucu Discussion Lunch 2.2 Legal Procedures for Compliance with EU Law by EU Institutions and other Bodies Procedures before the Court of Justice of the EU and national courts from the perspective of individuals (I) Legal remedies available to individuals before EU courts Procedural and substantive rules of the different types of legal actions Virgil Ivan-Cucu Coffee break Procedures before the Court of Justice of the EU and national courts from the perspective of individuals (II) Private enforcement of EU law before national courts Practical consequences of courts decisions Virgil Ivan-Cucu Discussion Multiple choice test: debriefing Evaluation of Module 2 and end of the seminar

4 General Information Seminar venue and accommodation GRUPOTEL GRAN VIA 678 Gran Via de les Corts Catalanes, 678 ES Barcelona Tel: The special rate of 110 is available for the period from 10 to 13 May After this date, any unsold room will automatically be released and the normal rate will be applied. Reservations should be guaranteed by credit card. Register via the separate registration request form attached. Working language The seminar will be conducted in English. Fee Module 1 (11-12 May 2016 ) EIPA members fee*: 755 (regular fee: 839) Module 2 (13 May 2016) EIPA members fee*: 450 (regular fee: 500) Both Modules (11-13 May 2016) EIPA members fee*: 1030 (regular fee: 1144) The participation fee includes documentation, lunch(es), one reception/dinner and refreshments. Accommodation and travel costs are at the expense of the participants or their administration. Please tick the relevant box in the registration form when registering for a seminar or training course. * EIPA Members can take advantage of a reduced fee; this is available to all civil servants working for one of EIPA s member countries (i.e. AT, BE, BG, CY, CZ, DE, DK, ES, FI, FR, GR, HU, IE, IT, LT, LU, MT, NL, NO, PL, PT, SE, UK), and civil servants working for an EU institution, body or agency. Early registration discount For this seminar, EIPA Luxembourg offers a 50 discount for all registrations received before 31 March Note that reductions cannot be accumulated. For more information, please visit EIPA s website: eipa.eu (FAQ - special discounts). Registration Kindly complete the online registration form which can be found on EIPA s website Your name and address will be part of EIPA s database for our mailing purpose only. If you do not want to be included in our mailing database, please tick the box on the registration form. Confirmation Confirmation of registration will be forwarded to participants on receipt of the completed registration form. Payment Prior payment is a condition for participation. Please indicate the method of payment on the registration form. For cancellations received after 27 April 2016, we will have to charge an administration fee of 150 unless a replacement participant is found. Cancellation policy EIPA reserves the right to cancel the seminar up to two weeks before the starting date. EIPA accepts no responsibility for any costs incurred (travel, hotel, etc.). For EIPA s cancellation policy, please visit our website (FAQ - Cancellation policy). Meals Should you require a special menu (e.g. vegetarian, diabetic), please inform the Programme Organiser so that this can be arranged.

5 Registration Form EU Law for Non-Lawyers Barcelona, May 2016 Surname:... Title:... M / F First name:... Organisation:... Department:... Current position:... Work address:... Postal code & Town:... Country:... Telephone number:... Fax number:... address:... Invoice information Organisation:... Department:... Address:... Postal code & Town:... Country:... VAT number:... Your reference number:... address:... Registration EIPA members fee Regular fee Module 1 (11-12 May 2016) Module 2 (13 May 2016) Both Modules (11-13 May 2016) Payment The fee includes participation in the seminar, documentation, lunch(es) and beverages - 50, Early registration made before 31 March Method of payment Bank transfer Credit card American Express card Eurocard/Mastercard Visa card Card number:... Expiry date:... /... Name card holder:... (in case this differs from above) Address card holder:... (in case this differs from above) Postal code:... Country:... (in case this differs from above) Card Validation Code:... (the last three digits on the back of your card) Hotel reservation, please book for me at GRUPOTEL GRAN VIA 678 Single room Date of arrival:... Date of departure:... Double room Number of nights:... No hotel reservation required Meals Vegetarian Fish allowed Other dietary requirement:... Kindly complete the online registration form on Ms Stéphanie Comodi Gemnig, European Centre for Judges and Lawyers, EIPA Luxembourg, Circuit de la Foire Internationale, 2, Tel.: , Fax: , s.gemnig@eipa.eu Your name and address will be part of EIPA s database for our mailing purpose only. Please tick if you do not want to be included in our mailing database.

6 GRUPOTEL GRAN VIA 678**** Gran Via de les Corts Catalanes, 678 ES Barcelona Tel: +34/ Fax: +34/ In order to confirm your reservation made by EIPA Barcelona, please send this form back to the hotel by or fax. MR/MRS. PASSPORT Nr. YOU GUARANTEE YOUR RESERVATION TO THE HOTEL WITH YOUR CREDIT CARD*: VISA AMEX N. OTHER EXPIRITY DATE HOTEL BOOKING: KIND OF ROOM BOOKED (Single or Double): ARRIVAL DATE: DEPARTURE DATE: SIGNATURE * THE HOTEL WILL NOT CONFIRM THE RESERVATION UNTIL IT HAS RECEIVED CREDIT CARD DETAILS. IT CAN CHARGE FIRST NIGHT AS PER NO-SHOW PENALTY OR CANCELLATION WITHIN 24 HOURS BEFORE YOUR ARRIVAL.