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EUROPEAN LAWYERS ASSOCIATION NEWSLETTER OCTOBER 2015 Hamburg INSIDE A WORD FROM THE EDITOR LETTER FROM THE CHAIRWOMAN PUPILLAGE AND VOCATIONAL STAGE IN SCOTLAND WHAT IS IT LIKE BEING A 2015 EURODEVIL ICH BIN EIN HAMBURGER NEWS IN BRIEF IN MEMORIAM MEMBER PROFILES A WORD FROM THE EDITOR This issue of the newsletter is dedicated to our future, the future of the European Lawyers Association. Our heartfelt thanks to Steven O'Rourke for all the time and effort he has put into the programme for the last few years. We warmly welcome Peter Sellar who has now taken over Steven's job and is currently working closely with our esteemed director, Charles Mullin, to ensure another successful year in 2016. Our national representatives are already busy shortlisting high quality candidates. We have also heard on the grapevine that it is likely new countries, such as Lithuania, will join the programme with a possible recruit from that part of Europe. It is all good news. This shows the good health of our Asun Sueiro Sierra organisation and what the commitment of a few can do to the enrichment of Abogado. MSc. Post Grad many. Dip in Law/CPE We encourage our members to play their part by making voluntary donations to maintain and increase the quality of the current provision. It would be fantastic if our young eurodevils could enjoy the opportunity to travel to England to visit the Supreme Court and other legal institutions, just like some of their counterparts had the opportunity to do in the past. This is your chance to show them your support. For further details please see below or contact our treasurer, Leonnie Rameloo. On this issue we also get to know some of our newest members better with a profile of three national representatives from our new generation of members, hopefully this will help some of our most forgetful members remember their names at annual meetings! The next annual general meeting will take place in Chania, Crete, between 5 th and 8 th May 2016. We have already been provided with a draft copy of the programme which will include a boat trip to a beautiful island with crystal clear waters, swimming on the beach, dinners at the Venetian harbour and a Gala dinner in a location overlooking the Mediterranean sea… YOU ARE STRONGLY ADVISED TO BOOK YOUR FLIGHTS TO CHANIA EARLY and avoid Heraklion airport whenever possible. Greek orthodox Easter holidays will take place on the same dates and demand for flights will be high. If you wish to avoid disappointment, please book your flights early. As ever, look forward to seeing you all there in May … 2 Dear friends, I’m writing to you whilst sitting on the train travelling back from a Rugby World Cup match in Newcastle. In the stadium yesterday, I was surrounded by supporters from many different countries: Scots and South Africans (the opposing teams in this particular game) were exchanging friendly banter, Namibian supporters were feeding me different kinds of cured meat and English fans forgot historic rivalry for a while and happily cheered for Scotland. All were coming from different backgrounds and interests but all with a common love for rugby. Sabrina Jenquin I'm not going to stretch the analogy to the ELA by saying that ELA members all Chairwoman, ELA 'love' law but a comparison could be made when thinking that like those rugby The University of supporters, ELA members all come from different backgrounds, countries and Edinburgh cultures and – dare I say it – share an interest in law. In addition to this, ELA members share a real interest in others’ cultures - especially when food and drink are involved. Speaking of food, who doesn't love Greek food? Especially when sampling it with friends in a beautiful setting such as Chania, Crete. Markos, the organiser of this year’s Annual General Meeting in Chania (6-8 May 2016) has created an exciting programme for our meeting. More details will be made available soon and given the popularity of that weekend in Greece, please ensure that you book as soon as possible. I am hoping to see many of you there and invite you to reach out to those friends who haven’t joined us for a while. The more the merrier! In the meantime in Edinburgh, Charles Mullin and Peter Sellar are working hard on the academic programme and the placements for our Eurodevils 2016. Recruitment of candidates for next year’s scheme is well under way throughout Europe and we are even hoping to attract candidates from new countries this year. 3 We continue to have great ambition for the future of the Programme in Edinburgh. We will be looking at new sources of income, such as European Funding and additional sponsorship. I also take the opportunity to remind you that any donation to the Programme can be made to the following account: Bank account / IBAN: BE 80 7340 1122 9777 BIC: KREDBEBB Sabrina Bank details: KBC Bank Jenquin Branch: The Wilsele-Putkapel - 4410 Aarschotsesteenweg 558 3012 Wilsele, Belgium All donations will exclusively be used for the running of the Programme and will supplement the annual donation from our main sponsor, Vialegis. If you could spare a few EUROs every month, why not set up a Direct Debit after reading this Newsletter? This will enable us to provide a truly, once in a lifetime experience to young lawyers in the same way as we have experienced it when we did the programme. I really hope to see many of you in Chania next year and have the opportunity to welcome our new members face-to-face: the Eurodevils 2015 and friends from the Judiciary and Faculty of Advocates in Scotland. A bientôt, Sabrina Chairman European Lawyers Association 4 PUPILLAGE AND VOCATIONAL STAGE IN SCOTLAND* Please note: This is a translation of the following article originally written in German Elias Bischof 'European Lawyers' Programme – Anwalts- und Gerichtspraktikum in Schottland' (2014) Anwaltsrevue/Revue de l'avocat, 9, pp. 365-368. Elias Bischof 1 lic. iur., LL.M. (Edinburgh), Rechtsanwalt and Mediator SAV, Basel Spring 2016 will provide again an opportunity for up to two young lawyers from Switzerland to take part in the European Lawyers‘ Programme (ELP). This is a three month work experience programme, shadowing the work of court practitioners (Advocates) and judges in Scotland, for which no fee is charged. This presents a unique opportunity to gain practical experience of the workings of a mixed legal system (Common Law and Civil Law). The number of participants is limited to twelve qualified lawyers from at least six European countries. Applications will be accepted until 31 October 2015. l. Scotland is not England Scotland is not England. Although they have been under the same Crown since 1603 (Union of Crowns), these two countries were rivals for centuries before then. 2 However, their independent national parliaments in Edinburgh and London, as they were then, both agreed on their unification in the Acts of Union in 1707. And so the state of Great Britain was born (Treaty of Union). 3 Each country retained its own legal system. Since 1921 Great Britain, together with Northern Ireland, make up the United Kingdom—as it is known today – the United Kingdom of Great Britain and Northern Ireland or simply the UK. 4 ll. Politics: From devolution to independence? Ever since 1707 the laws pertaining to Scotland have been made in Westminster 5 that is to say in the UK Parliament in London - and thus on English soil.6 Scottish interests are represented insofar as the Scots may vote for their own Members of Parliament (MP’s) who have a seat in Westminster. Additionally, a government Minister for Scottish Affairs (the Secretary of State for Scotland) with an Office in Scotland has a seat in the Cabinet. The Secretary of State for Scotland oversees the administration in Scotland which, because of the separate institutions and different Scottish legal system, requires separate legislation in the UK Parliament to implement policies appropriate solely for Scotland. ___________________________________________________________ * The author would like to thank the following persons for proof-reading the manuscript and for their valuable inputs: lic. iur. MARKUS HUNGERBÜHLER, LL.M., AIWS, Rechtsanwalt, Bern. Participant in the ELP 2001 in Edinburgh; National Representative for Switzerland with the ELA from 2002 to 2014; Founding president of the association ‘ELA 2009’ based in Zurich. CHARLES MULLIN, Advocate, Edinburgh, former Solicitor to the Advocate General and head of the Office of the Advocate General in Edinburgh and London, Edinburgh; ELA Board Member and ELA National Representative for Scotland. SABRINA JENQUIN, Solicitor at the University of Edinburgh. Participant in the ELP 2009, ELA Chairman. 1 Participant in the ELP 2012 in Edinburgh. Since June 2014 national representative for Switzerland with the ELA. As from September 2014 Chairman of the association ‘ELA 2009’ based in Zurich. 2 When Queen Elisabeth I (reigned from 1558-1603) died childless, the Crown passed to the Scottish King, James VI who from then on reigned also as James I of England. James VI (Scot.) and I (Engl.) was the son of Mary Stuart who was forced to abdicate as the Queen of Scots in 1568 in favour of her son. Mary Stuart sought refuge in London with her relative, Queen Elisabeth I, who had Mary taken captive and had her executed in 1587. 3 Wales is also part of Great Britain. It was annexed by England in the middle of the 16th century. 4 Until 1921 when the division of Ireland into the Republic of Ireland (Eire) and Northern Ireland took place, the United Kingdom comprised of England, Wales, Scotland and Ireland and It was called the United Kingdom of Great Britain and Ireland.
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