34th Session Asser Institute Colloquium on THE EU CONSTITUTION: European law: “The EU Constitution: The Best Way Forward?” An event on the calendar of the Dutch THE BEST WAY presidency 13, 14, 15 and 16 October 2004 FORWARD? Venue: Steigenberger Kurhaus Hotel, , the

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Fees Grand total made payable to the T.M.C. Asser Instituut by € 395 Conference fee (Incl. publication 34th Session, reception, Transfer to bank account 49.12.87.364 coffee/tea. Luncheons and dinners NOT (ABN/AMRO, P.O.Box 82003, 2508 EA The Hague, included) The Netherlands). Swift Code:ABNANL2A / IBAN: € 225 Conference fee for staff members of NL84ABNA0491287364. Please state name(s) participant(s)! universities (and academic institutions) and for participants from the new EU Euro card or American Express * credit cards member states and (pre)candidate (mail order) countries (Incl. publication 34th Session, (*) Other credit cards are not accepted reception, coffee/ tea. Luncheons and dinners NOT included) Name of credit card holder € 100 Student fee (Incl. reception, coffee/tea only! Luncheons, dinners and Publication 34th Session NOT included) NB: valid student Address and postal code of holder identification must be enclosed!

Food functions € 32 Luncheon 14 October Expiration date of the credit card € 60 Dinner 14 October € 32 Luncheon 15 October month year € 60 Dinner 15 October € 32 Luncheon 16 October Eurocard *, card number

For scheduling purposes, please mark the themes you may be attending Thursday 15 October American Express *, card number Session IIIA Session IIIB

Extra copies of the publication Before 15 September 2004 the Publication of the Date 34th Session Asser Colloquium can be ordered at the special price of € 50 Signature The undersigned orders additional copies à € 50 for the amount of € Please return this registration form, Total amount to be paid preferably by fax, to: T.M.C. Asser Instituut, Conference Manager € P.O. Box 30461, 2500 GL The Hague, The Netherlands, Fax: +31 70 3420359

Cancellations There will be no refund for cancellations received after September 15th, 2004. Before this date a cancellation rate of € 25 will be charged.

Please keep a copy of your registration form for your files. An invoice will not be sent. The Organization Committee The Conference is preceded by the Final Conference provisionally booked a limited number of of the Matra ‘Multi-Country’ project rooms in The Hague. Please contact these hotels directly.

Steigenberger Kurhaus Hotel***** ‘The Hopes and Fears of Gevers Deynootplein 30 2586 CK Den Haag New Member States and tel: +31 (0)70 4162636 fax: +31 (0)70 4162646 (pre)Candidate Countries’ Single room € 185 .00 reservation Hotel Double room € 205 .00 Views on the European City tax € 4.53 Breakfast included Constitution

Carlton Ambassador Hotel**** Wednesday 13 October 2004, 13.00 - 18.00 hrs. Sophialaan 2 Steigenberger Kurhaus Hotel 2514 JP Den Haag tel: +31 (0)70 3630363 fax: +31 (0)70 3633535 Program Single room € 165 .00 Double room € 185 .00 Ω Plenary Opening Speech by Bert van Geel (Director Matra, City tax € 3.63 Netherlands Ministry of Foreign Affairs, The Hague) Breakfast € 21 .50 Ω Welcome Address by Alfred E. Kellermann (Project Director) Ω Parallel Sessions chaired by Ayse Saadet Arikan Golden Tulip Bel Air Hotel**** (Director General, Ministry of Justice, Ankara, Turkey) and Johan de Wittlaan 30 Jaap W. de Zwaan (Vice President T.M.C. Asser Instituut, 2517 JR Den Haag Professor University Rotterdam). tel: +31 (0)70 3525354 Ω Reporters: Jenö Czuczai (Hungary); Anneli Albi (Estonia); fax: +31 (0)70 3525353 Kemal Baslar and Erdogan Ishakoglu (Turkey), Primoz Vehar, Single room € 125 .00 Marko Starman and Miha Pogacnik (Slovenia); Evgeni Double room € 145 .00 Tanchev and Jenia Peteva (Bulgaria); Victor Duculescu City tax included (Romania); Dusko Lopandic and Slobodan Samardzic Breakfast included (Serbia and Montengro); Sinisa Rodin and Tamara Capeta (Croatia); Anita Usacka (Latvia); Vilenas Vadapalas Parkhotel Den Haag **** (Lithuania); Nicholas Emiliou (Cyprus); Peter X. Xuereb Molenstraat 53 (Malta); Jiri Zemanek (Czech Republic); Vlasta Kunova 2513 BJ Den Haag (Slovak Republic) and Stanislav Biernat () tel: +31 (0)70 3624371 Ω Special reporter: Steven Blockmans (T.M.C. Asser Instituut) fax: +31 (0)70 3614525 Single room € 110 .00 Participants to the 34th Session of the Asser Institute Double room € 165 .00 Colloquium on European Law can attend this gathering free of City tax € 3.63 charge on a first come first serve basis. For further information, Breakfast included please contact Ms. Lyske de Vries at the Conference Secretariat, e-mail: [email protected] Ibis Hotel Den Haag/Scheveningen*** phone: +31 (0)70 342 0310 Gevers Deynootweg 63 2586 BJ Den Haag tel: +31 (0)70 3543300 fax: +31 (0)70 3523916 Single room € 87 .00 This 34th Session of the Asser Institute Colloquium on European Law Double room € 107 .00 is sponsored by: City tax € 2.42 Netherlands Ministry of Foreign Affairs, The Hague Breakfast included Netherlands Ministry of the Interior and Kingdom Relations, The Hague Netherlands Ministry of Economic Affairs, The Hague The Municipality of The Hague The , The Hague Stichting Levi Lassen, The Hague Freshfields Bruckhaus Deringer, Amsterdam Barents & Krans, The Hague Houthoff Buruma, Amsterdam M.O.A.C. Gravin van Bylandt Stichting, The Hague and THE EU CONSTITUTION: THE BEST WAY FORWARD? 34th SESSION ASSER INSTITUTE COLLOQUIUM ON EUROPEAN LAW 13 - 16 October 2004 Steigenberger Kurhaus Hotel, The Hague, the Netherlands

Preceded by the Final conference of the Matra Multi Country Project ‘The T.M.C. Asser Instituut (est. 1965), a renowned hopes and fears of new member states and (pre)candidate countries’ interuniversity centre in the fields of views on the EU Constitution international and European law, organized the first sessions of its Colloquium on European Law in 1972. Since then, conferences on European The participation of Dutch lawyers in the 34th Session of the Asser law have been held annually and quickly gained Colloquium on European Law will be awarded with a maximum of 14 the reputation of being a major event in the points by the Dutch Bar Association (Nederlandse Orde van Advocaten) law calendar.

www.asser.nl

T.M.C. ASSER INSTITUUT After 16 months of debate and deliberation and more than 7,000 proposed amendments, the efforts of the European Convention, have resulted in a draft Treaty for the Constitution of the European Union. The Draft sets out the The upcoming 34th Session of the Asser Institute terms for a Bill of Rights, a Foreign Minister and even a President of the . Colloquium on European Law, organized as a major In the words of Valéry Giscard d’Estaing, the President of the European Convention, the Draft represents “the conference to coincide with the EU Presidency of the maximum that could be achieved to day without undermining the fragile structure of the EU”. On June 20, Netherlands in 2004, marks the occasion to make a 2003 he delivered the first version of the draft Treaty establishing a Constitution for to the European relevant and timely contribution to an on-going Council at the meeting in Thessaloniki, where it was decided that the draft Constitution should also be signed debate about Europe’s Draft Constitution. On the by the new Member States immediately after they would join the EU on May 1, 2004. Agenda is the question if the Draft Constitution will The Draft however is only the beginning of an ongoing process of negotiations and compromises. After improve the democracy, the transparency and the unanimous approval and consent of the Draft text by all EU Members, it will take still another year and a half to efficiency of the European Union decision-making convince the national parliaments and citizens (referenda) in 25 Member States to ratify the New Constitution. process. Perhaps the European citizens should look at America’s founding fathers, who spent a full year after they had The Conference offers a forum for debate on the EU drafted the U.S. Constitution to persuade the thirteen young colonies to ratify it. Constitution, with over 60 contributions by invited The European Convention consisted of 105 Members experts from the European Institutions, (President: Valéry Giscard d’Estaing and two Vice- Presidents: Giuliano Amato and Jean-Luc Dehaene; with representatives of governments, parliaments, representatives from the 15 EU Heads of State and Government; 13 from the candidate countries; 30 from the judiciaries, and universities of the 25 Member States national parliaments of the EU countries; 26 from the national parliaments of the candidate countries; 16 and the 5 (pre) Candidate States, United States of members from the European Parliament and 2 from the EU Commission) America, Switzerland and . As usual, the conference proceedings will be published.

The Conference will be of interest to officials of the

European Institutions and national governments, members of parliaments, local authorities, policy makers, judiciaries and practicing lawyers as well. The conclusions, recommendations and The topics will have a great impact on their future suggestions of this event will be professional activities. forwarded to the Dutch EU Presidency. Program

Wednesday 13 October 2004 PLENARY SESSION II TRANSPARENCY AND LEGAL INSTRUMENTS IN THE EU 17.00 - 20.00 Registration participants to the conference CONSTITUTION 18.00 - 20.30 Joint Opening Reception for Participants of the 34th Asser Institute Colloquium on European Chair: Jenö Czuczai, Vice-President European Law Academy Law and the Matra Multi Country Conference, Budapest, Professor , hosted by the Mayor of The Hague, Wim J. Deetman 15.00 - 15.20 New legal instruments, by Armin von Bogdandy, Professor University of Heidelberg and Juergen Bast, Director resp. Staff Member Thursday 14 October 2004 Max Planck Institute for Comparative Law and International Law, Heidelberg PLENARY SESSION I 15.20 - 15.40 Executive acts and control mechanisms, by THE PROCESS AND IMPACT OF EU Constitution - Michelle Everson, Birbeck College, London. MAKING: VOICE AND EXIT 15.40 - 16.00 Coffee/ tea 16.00 - 16.20 Operational collaboration on justice, security Chair: , Chairperson of the Commission for and policing in the constitutional framework, by European Law of the T.M.C. Asser Instituut Steve Peers, Professor University of Essex 16.20 - 16.40 Drawing the threads together from parts 1 and 09.00 - 09.05 How to convince the European citizens to ratify 111 of the EU Constitution, by Jan Wouters, the EU Constitution? by Alfred E. Kellermann, Professor Leuven University General Secretary T.M.C. Asser Instituut 16.40 - 17.30 Panel and General Discussion: 09.05 - 09.10 Introduction to the subject by Deirdre Curtin, - Piet Eeckhout, Professor Kings College Professor University of Utrecht London 09.10 - 09.30 The EU Constitution and the European - Jörg Monar, Professor University of Sussex Parliament, by the President of the European - Nicholas Emiliou, Permanent Representative Parliament (Strasbourg, Brussels) (to be invited for Cyprus, Council of Europe, after election by Sjerp van der Vaart, Director - Sinisa Rodin, Professor University of Zagreb Hague Office European Parliament) 09.30 - 10.00 Keynote Speech by Joseph H.H. Weiler, Professor New York Law School, New York Conference Dinner Thursday Evening The process of EU Constitution-making and the 20.00 hours voice of the citizens Suggested Speakers 10.00 - 10.30 The process of ratification and the exit options: - Piet Hein Donner, Minister of Justice of the a legal perspective, by Bruno de Witte, Professor Kingdom of the Netherlands, The Hague European University Institute (EUI), Florence - Jacek Saryusz-Wolski, , member of 10.30 - 10.55 Questions / discussion the European Parliament, Strasbourg 10.55 - 11.25 Coffee / Tea (invited) 11.25 - 12.15 Panel and General Discussion: - Anne Peters, Professor University of Basel - Jo Shaw, Professor and Jean Monnet Chair, Friday 15 October 2004 University of Manchester - Peter-Christian Müller-Graf, Professor PARALLEL SESSION III A University of Heidelberg THE DEMOCRATIC LIFE OF THE EUROPEAN UNION - Evgeni Tanchev (Member of the Constitutional Court, Sofia) Chair: Walter van Gerven, Former Advocate General European 12.15 - 13.45 Luncheon Court of Justice, Luxembourg 14.00 - 14.30 The EU Constitution and the experiences of the Irish Presidency, by Dick Roche, Minister of 09.00 - 09.30 The role of parliaments in the EU constitutional State with responsibility for European Affairs at framework: partnership or rivalry? the Department of the Taoiseach, by Heidi Hautala, ex-MEP and member of 14.30 - 15.00 The EU Constitution and the Priorities of the Finnish Parliament Dutch Presidency, by Atzo Nicolai, State 09.30 - 10.00 Theory and reality of public access to EU Secretary of the Netherlands for European information, by Lorenzo Cotino, University of Affairs, Ministry of Foreign Affairs, The Hague Valencia 10.00 - 10.30 Giving substance to participation; the social model, by Adelina Adinolfi, University of Florence (not yet confirmed) 10.30 - 11.00 Coffee/Tea 11.00 - 11.30 The European Ombudsman and the European 15.30 - 16.00 Tea Break Constitution, by Nikiforos Diamandouros 16.00 - 16.30 The expanding jurisdiction of the Court of (European Ombudsman), Strasbourg Justice, by Ad Geelhoed, Advocate General 11.30 - 12.30 Panel and General Discussion: European Court of Justice, Luxembourg - Tom Eijsbouts, In defence of the European 16.30 - 17.30 Panel and General Discussion: Parliament, Professor of European - Arjen Meij, Judge in the Court of First Constitutional Law, Instance, Luxembourg - Roel Fernhout, Ombudsman of the - Anita Usacka, Staff Member ICC, The Netherlands, The Hague Hague; Former Judge Constitutional Court, - Gerard van der Wal, Houthoff Buruma, Riga, Latvia Brussels - Piet van Nuffel, Brussels 12.30 - 14.00 Luncheon - Onno Brouwer, CCBE (Council of the Bars and Law Societies of the EU), Chairman of the Permanent Delegation to the European PARALLEL SESSION IIIB Court of Justice IMPROVING THE EFFICIENCY AND QUALITY OF 20.00 - 22.00 Conference Dinner Friday Evening LEGISLATION EXPANSION OF EXECUTIVE, JUDICIAL Suggested speakers: AND LEGISLATIVE POWERS - Thom de Graaff, Vice-Prime Minister of the Kingdom of the Netherlands, The Hague Chair: Francis Jacobs, Advocate General European Court of - János Martonyi, former Minister of Foreign Justice, Luxembourg Affairs of Hungary and Hungarian representative in the European Convention, 9.00 - 9.30 The evolution in the role and powers of the Budapest European Council and the Council of Ministers, by Jan Werts, European Correspondent in Brussels Saturday 16 October 2004 9.30 - 10.00 The evolution in the role and powers of the , by Michel Petite, FINAL SESSION Director General Legal Service of the European Commission, Brussels Chair: Jan Jans, Professor University of Amsterdam 10.00 - 10.30 The expanding role of the European Parliament, by Kieran Bradley, Member of the Legal Service, 09.00 - 9.30 Coffee / tea European Parliament, Luxembourg (not yet 9.30 - 10.30 Summaries and reports of the Plenary Sessions confirmed) I, II and IV and the Parallel Sessions IIIA and 10.30 - 11.00 Coffee / tea IIIB, by Deirdre Curtin, Jenö Czuczai, Walter 11.00 - 12.30 Panel Discussion van Gerven, Francis Jacobs and Sacha Prechal - Paul Craig, Professor 10.30 - 11.00 Coffee / tea - Stanislav Biernat, Professor Jagiellonian 11.15 - 12.45 Round Table chaired by Deirdre Curtin. University, Cracow, Poland Suggestions and Recommendations by: - Christiaan W.A. Timmermans, Judge at the - Ayse Saadet Arikan, Ankara (view of European Court of Justice (pre)candidate countries) - Miguel Maduro, Advocate General Court of - Jaap de Zwaan, Professor Erasmus University Justice, Luxembourg Rotterdam (view of New Member States) 12.30 - 14.00 Luncheon - Paul Magnette, Professor Universite Libre Brussels, - Marko Starman, State Secretary, Ministry of PLENARY SESSION IV Justice, Ljubljana, Slovenia ACCESS TO JUSTICE AND THE EU CONSTITUTION - Mark Entin, Professor Moscow State Institute for International Relations, Director Chair: Prof. Sacha Prechal, Professor University of Utrecht European Law Institute MGIMO, Moscow (view from a neighbouring non-Member 14.00 - 14.30 The workload of the Luxembourg Courts and State) and representatives of the European the citizens right to a judge, by Denis Court of Justice, Council and Commission Waelbroeck, Brussels 12.45 -13.00 Closing remarks and follow-up, by 14.30 - 15.00 The expanding role of the national courts and Alfred E. Kellermann, General Secretary, the EU constitutional system, by Jutta Limbach, T.M.C. Asser Instituut President of the Goethe Institute, München; 13.00 - 15.00 Closing Luncheon former President of the Bundesverfassungsgericht, Karlsruhe 15.00 - 15.30 The complementary roles of Strasbourg and Luxembourg, by Rick Lawson, Professor University of Leiden