DOCSLIB.ORG

The Administrative Law Training Guidelines

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Administrative Law Training Guidelines European Judicial Training Network Réseau Européen de Formation Judiciaire The Administrative Law Training Guidelines With the support of the European Union EJTN Administrative Law Sub-Working Group 3 CONTRIBUTORS ACADEMY OF EUROPEAN LAW (ERA) Killian O’Brien María Pilar Núñez Ruiz Monika Krivickaite CENTRO DE ESTUDOS JUDICIÁRIOS (PORTUGAL) Jorge Costa JUDICIAL TRAINING CENTRE (LATVIA) Liga Biksiniece-Martinova NATIONAL INSTITUTE OF MAGISTRACY (ROMANIA) Beatrice Andreşan Grigoriu NATIONAL SCHOOL OF JUDICIARY AND PUBLIC PROSECUTION (POLAND) Grzegorz Borkowski EUROPEAN JUDICIAL TRAINING NETWORK (EJTN) Teresa Mafalda Cabrita - Editor 5 INTRODUCTION ADMINISTRATIVE LAW TRAINING GUIDELINES: OBJECT, SCOPE AND STRUCTURE The Administrative Law Training Guidelines are the result of a yearlong project developed under the framework of the EJTN Working Group Programmes’ Administrative Law Sub- Working Group. Based on a thorough assessment of the areas in need of further training in the field of European Administrative Law resulting from a survey of judges, prosecutors and judicial trainers, the Administrative Law Training Guidelines represent a diverse compendium of legal contributions from the Romanian National Institute of Magistracy (NIM), the Portuguese Center for Judicial Studies (CEJ), the Polish National School of Judiciary and Public Prosecution (KSSIP), the Latvian Judicial Training Center (LTMC) and the Academy of European Law (ERA). As evidenced by the title, the present Guidelines are intended to serve as an up-to-date authoritative index of the most seminal legislation, case-law and relevant documentation in the respective sub-fields of European Administrative Law. The aim of the Guidelines is to serve as a working tool for the development of quality training in the field of Administrative Law across Europe, as well as a handbook for judicial trainers and practitioners on the most recent developments in the fundamental areas of EU Administrative Law. The Guidelines do not purport to be a textbook on the topics covered; they are designed to be a practical and manageable guide for immediate application and training. The authorial diversity of the different texts provides the Guidelines with a multifaceted approach to the main topics identified by legal experts and practitioners as needing more pressing, up-to-date training. As a result, the Guidelines cover a broad range of legal issues through a total of six chapters: 6 Chapter I – The General Principles of European Union Law Chapter II – The European Union Judicial System Chapter III – European Human / Fundamental Rights Chapter IV – European Union Migration and Asylum Law Chapter V – European Union Tax Law Chapter VI – European Union Environmental Law Each Chapter provides the reader with a detailed outline of the relevant legislative and jurisprudential sources on the topic being discussed, as well as a description of the suggested Trainers, Trainees, Methodology and Training Format best-suited for quality training in the specific area. In addition, a ranking on the training priority of subject matters and the adequacy of complementary e-learning methods for optimal training is included. Being an open-ended and ever-evolving document, the present Guidelines will be subject to an annual review to ensure the quality of its content and the completeness of its references. 7 TABLE OF CONTENTS CHAPTER I THE GENERAL PRINCIPLES OF EUROPEAN UNION LAW 13 I. The primacy of european union law and its impact on national administration .. 13 1. Introduction ................................................................................................................................. 13 2. Instruments and Case Law ..................................................................................................... 14 3. Trainers ......................................................................................................................................... 15 4. Trainees ......................................................................................................................................... 15 5. Methodology ................................................................................................................................ 15 II. The effect of EU law and its impact on national administration .................................. 16 1. Introduction ................................................................................................................................. 16 2. Instruments and Case Law ..................................................................................................... 16 3. Trainers ......................................................................................................................................... 17 4. Trainees ......................................................................................................................................... 17 5. Methodology ................................................................................................................................ 17 III. Non-discrimination, proportionality and legitimate expectations ........................ 18 1. Introduction ................................................................................................................................. 18 2. Instruments and Case Law ..................................................................................................... 19 3. Trainers ......................................................................................................................................... 21 4. Trainees ......................................................................................................................................... 21 5. Methodology ................................................................................................................................ 21 IV. National procedural autonomy and ex-officio application of EU law ................... 22 1. Introduction ................................................................................................................................. 22 2. Instruments and Case Law ..................................................................................................... 23 3. Trainers ......................................................................................................................................... 23 4. Trainees ......................................................................................................................................... 23 5. Methodology ................................................................................................................................ 24 V. State liability .................................................................................................................................... 24 1. Introduction ................................................................................................................................. 24 2. Instruments and Case Law ..................................................................................................... 25 8 3. Trainers ......................................................................................................................................... 26 4. Trainees ......................................................................................................................................... 26 5. Methodology ................................................................................................................................ 26 CHAPTER II THE EUROPEAN UNION JUDICIAL SYSTEM 29 I. Introduction ..................................................................................................................................... 29 II. The role and tasks of the european court of justice .......................................................... 29 1. Introduction ................................................................................................................................. 29 2. Instruments and Case Law ..................................................................................................... 31 III. The preliminary ruling procedure ...................................................................................... 32 1. Introduction ................................................................................................................................. 32 2. Instruments and Case Law: ................................................................................................... 35 IV. Means for litigation or judicial remedies ......................................................................... 35 1. Introduction ................................................................................................................................. 35 V. Effects of the decisions of the court of justice of the european union ....................... 42 1. Introduction ................................................................................................................................. 42 2. Instruments and Case Law ..................................................................................................... 46 3. Trainers ......................................................................................................................................... 47 4. Trainees: ......................................................................................................................................
Load more

Recommended publications
  • The European Court of Justice at Work: Comparative Law on Stage and Behind the Scenes
    Journal of Civil Law Studies Volume 13 Number 1 2020 Article 2 9-28-2020 The European Court of Justice at Work: Comparative Law on Stage and Behind the Scenes Michele Graziadei Follow this and additional works at: https://digitalcommons.law.lsu.edu/jcls Part of the Civil Law Commons Repository Citation Michele Graziadei, The European Court of Justice at Work: Comparative Law on Stage and Behind the Scenes, 13 J. Civ. L. Stud. (2020) Available at: https://digitalcommons.law.lsu.edu/jcls/vol13/iss1/2 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Journal of Civil Law Studies by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. THE EUROPEAN COURT OF JUSTICE AT WORK: COMPARATIVE LAW ON STAGE AND BEHIND THE SCENES Michele Graziadei∗ I. Introduction ................................................................................. 2 II. Multilingualism, Translation, and Interpretation at the ECJ ...... 6 III. Comparative Law and the Search for Shared Meaning in European Law ............................................................................ 8 IV. The Keywords, the Concepts, the General Principles ............ 11 V. The Extraterritorial Reach of EU Law and the Comparison of Different Laws ......................................................................... 16 VI. The Transatlantic Dimensions of the Comparative Exercise . 19 VII. EU Law and the Extracontractual Liability of the European Institutions ................................................................................ 26 VIII. The “Constitutional Traditions Common to the Member States” as an Invitation to Comparative Law ........................... 28 ABSTRACT The European Court of Justice (ECJ) has often been hailed as an engine of European integration. Entrusted with the task of secur- ing the uniform interpretation of the law of the European Union— among other functions—the ECJ makes use of comparative law for a variety of purposes.
    [Show full text]
  • Detailed Course Description
    CENTRAL EUROPEAN UNIVERSITY Department of Legal Studies and Summer University & TOTAL LAW™ Central European University Diploma in Advanced European Union Legal Practice The European Union and the Individual July 2011 Budapest 1 Course Directors: Marie Pierre Granger, CEU, Legal Studies, Hungary Imola Streho, Sciences Po, Paris, France Joseph Weiler, New York University, Jean Monnet Center, USA General presentation The 2011 Advanced Course in European Union Legal Practice is offered jointly by the Department of Legal Studies and Summer University of Central European University (CEU), in cooperation with the Total Law™ Team. For the seventh consecutive year, the program brings together for 2 weeks around 50 participants from all over the world and from diverse backgrounds, i.e. law students near completion of their law degree, law graduates and legal professionals, advanced students or practitioners in other connected disciplines with special interest and expertise in EU law, who are seeking further credentials and experience in the field. The 2011 edition will implement for the very first time the completely new and revamped Total Law program and we are very excited to take on this new adventure with the Summer School participants. Course Description This advanced course focuses on the practice of European Union Law. Participants receive hands-on insider analysis about the functioning of the European Union. The program is designed to combine seminars on different subjects as well as workshops supporting the topics addressed in these seminars or some aspects thereof. The Total Law™ Method constitutes the backbone of the program and gives it its exceptional flavor. The Total Law™ teaching team is a unique blend of well-known academics and senior officials working in European Union institutions, who have also written widely in the field.
    [Show full text]
  • From Wolfgang Heusel, Director of the Academy of European Law
    Welcome from Wolfgang Heusel, Director of the Academy of European Law Dear Members and Friends of the ELI, Inside this issue: As Director of the Academy of European Law (ERA), and as a member of the ELI who had the chance to contribute to the debate on its creation, it is a pleasure to German Hub Event in 2 Berlin address you in this newsletter. ERA, like the ELI, is in fact a genuine European law institute. We share an aim already focused by the European Parliament when it Diana Wallis speaks in 3 Münster and Hamburg called for the creation of the Academy of European Law in 1991: to strive for a common legal culture and to deepen the European community of law. This aim is Collective Redress 4 just as pertinent today as it was when ERA was founded more than 20 years ago. Project continues to make Progress Today, many European lawyers still resent European law as an unfamiliar body which is imposed on them from outside. ELI and Global 5 Developments: In this setting, the ELI’s role is to evaluate and to stimulate the development of EU working together with law with the aim of improving its quality and consistency. ERA’s mission, on the the World Bank other hand, is to spread the knowledge of European law among legal practitioners MCC established for 6 in all Member States of the European Union. While the ELI is concerned with Insolvency Project conceiving EU law of the highest standards, ERA organises conferences and What is a Membership 6 trainings on EU law which in 2013 were attended by some eight thousand legal Consultative Committee? practitioners from all over Europe.
    [Show full text]
  • Stephen Weatherill Collected Papers 2Nd Edition
    ASSER International Sports Law Series European Sports Law Collected Papers 2nd Edition Stephen Weatherill ASSER International Sports Law Series For further volumes: http://www.springer.com/series/8858 Stephen Weatherill European Sports Law Collected Papers Second Edition 123 Stephen Weatherill Somerville College Oxford UK ISSN 1874-6926 ISSN 2215-003X (electronic) ISBN 978-90-6704-938-2 ISBN 978-90-6704-939-9 (eBook) DOI 10.1007/978-90-6704-939-9 Library of Congress Control Number: 2013955566 Ó T.M.C.ASSER PRESS, The Hague, The Netherlands, and the authors 2014 Published by T.M.C.ASSER PRESS, The Hague, The Netherlands www.asserpress.nl Produced and distributed for T.M.C.ASSER PRESS by Springer-Verlag Berlin Heidelberg No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com) Series Information Books in the ASSER International Sports Law Series chart and comment upon the legal and policy developments in European and international sports law.
    [Show full text]
  • Minutes 13. General Meeting EN
    “FRIENDS OF ERA” ASSOCIATION FOR THE PROMOTION OF THE ACADEMY OF EUROPEAN LAW e.V. 13th GENERAL MEETING 6 MARCH 2019, 16:00-17:00 Tribunal administratif du Grand-Duché de Luxembourg 1 rue du Fort Thüngen L-1499 Luxembourg MINUTES Members present: see Annex 1. 1. Welcome by the chair Jettie Van Caenegem The chair Jettie Van Caenegem welcomed the members and established that there was a quorum. 2. Adoption of the agenda The agenda was adopted. 3. Report on the development of the Academy of European Law Wolfgang Heusel presented a review of the Academy’s work during the last two years. The highlight was the congress to celebrate ERA’s 25th anniversary in October 2017. He said it was hoped that the book with the proceedings of the congress would be published before the summer. He reported briefly on the development in the number of events and participants and mentioned in particular a major project for the Latvian Court Administration. Highlights of the programme have included new and/or major events on data protection, asylum and migration, and the rule of law. With the accession of Belgium and Estonia to the ERA Foundation, all EU Member States are now patrons of ERA. Despite Brexit, the UK will remain in the ERA Foundation. Looking forward, the ERA management team is now working on ERA’s future development strategy. An important foundation for this is the Multiannual Financial Framework and the Regulation on the future Erasmus+ programme, in which there is agreement in principle between Council and Parliament to continue providing ERA with an operating grant.
    [Show full text]
  • Bibliography
    Bibliography ENCYCLOPAEDIAS AND COMMENTARIES von Bogdandy A and Smrkolj M, ‘European Community and Union Law and International Law’, in Wolfrum R (ed), The Max Planck Encyclopedia of Public International Law (Oxford University Press 2008–, online edition www .opil .ouplaw .com) Dörig H, Kraft I, Starey H and Battjes H, ‘Asylum Qualification Directive 2011/95/ EU’ in Hailbronner K and Thym D (eds), EU Immigration and Asylum Law. A Commentary (CH Beck/Hart/Nomos 2016, 2nd edn) 1108–83 Feinäugle C, ‘Kadi Case’ in Wolfrum R (ed), The Max Planck Encyclopedia of Public International Law (Oxford University Press 2008–, online edition www .opil .ouplaw .com) Hailbronner K and Gogolin J, ‘Aliens’ in Wolfrum R (ed), The Max Planck Encyclopedia of Public International Law (Oxford University Press 2008–, online edition) Hailbronner K and Thym D, ‘Constitutional Framework and Principles for Interpretation’ in Hailbronner K and Thym D (eds), EU Immigration and Asylum Law. A Commentary (CH Beck/Hart/Nomos 2016, 2nd edn) 1–29 Hailbronner K and Thym D, ‘Legal Framework for EU Asylum Policy’ in Hailbronner K and Thym D (eds), EU Immigration and Asylum Law. A Commentary (CH Beck/ Hart/Nomos 2016, 2nd edn) 1023–53 Hoffmeister F, ‘Comité Juridique (COJUR)’ in Wolfrum R (ed), The Max Planck Encyclopedia of Public International Law (Oxford University Press 2008–, online edition www .opil .ouplaw .com) Kälin W, ‘Aliens, Expulsion and Deportation’ in Wolfrum R (ed), The Max Planck Encyclopedia of Public International Law (Oxford University Press 2008–, online
    [Show full text]
  • Principles of Constitutional Law: the Relationship Between the Community Legal Order and the National Legal Orders: Remedies and National Procedures
    Teaching Material PRINCIPLES OF CONSTITUTIONAL LAW: THE RELATIONSHIP BETWEEN THE COMMUNITY LEGAL ORDER AND THE NATIONAL LEGAL ORDERS: REMEDIES AND NATIONAL PROCEDURES J.H.H. Weiler European Union Jean Monnet Professor NYU School of Law AND Martina Kocjan Graduate Member of the Faculty of Law University of Oxford Copyright J.H.H. Weiler & M. Kocjan • 2004/05 These materials are offered as a public service by the Academy of European Law at the EUI in Florence and the Jean Monnet Center at NYU School of Law. They may be used for educational purposes only and cannot be commercialized in any manner. Their origin should be acknowledged in any use made of them. TABLE OF CONTENTS 1 MAKING JUDICIAL PROTECTION MORE EFFECTIVE ........................................... 1 1.1 Joined Cases C-6/90 and 9/90: Francovich .............................................................................1 Note and Questions ...................................................................................................................1 1.2 Case C-91/92: Faccini Dori.......................................................................................................8 Note and Questions ...................................................................................................................8 1.3 Case C-46/93 and 48/93: Brasserie du Pêcheur....................................................................13 Note and Questions .................................................................................................................13 1.4
    [Show full text]
  • Training Lawyers for Europe: the Academy of European
    Budapest, 14 May 2014 Conference on the training of UPC judges Role and expertise of the Academy of European Law (ERA) Dr. Wolfgang Heusel, Academy of European Law (ERA) www.era.int Overview 1. The need for training in EU law 2. ERA: history and structure 3. ERA training programme 4. ERA expertise in the field of intellectual property law www.era.int 1. The need for training in European Union law www.era.int Judicial training in the EU EU: from Single Market to European Area of Justice Priorities for judicial training: . Increasing the familiarity of legal practitioners with the Union’s legal instruments . Improving mutual knowledge of the judicial systems of the Member States . Improving language training www.era.int 2. ERA: History and structure www.era.int The Academy of European Law: . Provides training in EU law to judges, prosecutors, lawyers in private practice, business and public administration . A non-profit public foundation set up in 1992 at the initiative of the European Parliament whose patrons include almost all EU member states . Co-initiator and member of the European Judicial Training Network (EJTN) . Partner of practitioner bodies at European and national level (AEAJ, CCBE, CNUE) www.era.int ERA patrons . Austria . Lithuania . Bulgaria . Luxembourg . Cyprus . Malta . Croatia . Poland . Czech Republic . Portugal . Finland . Romania . France . Slovakia . Germany & German federal . Slovenia States . Spain . Greece . Sweden . Hungary . The Netherlands . Ireland . United Kingdom & Scotland . Italy www.era.int 3. ERA training programme www.era.int ERA training programme Open events . Open to every legal practitioner . Different levels: basic (summer) courses, regular annual conferences, advanced seminars Co-financed events .
    [Show full text]
  • 1 Academy of European Law 2015 European Union Law Course
    Academy of European Law 2015 European Union Law Course General Course: What’s Left of the Law of Integration? Questions and Readings Julio Baquero Cruz Member of the Legal Service of the European Commission 1 They were always just going to have a leader, and laws and customs of their own, but they never did, because their memories would not hold over from day to day, and so they compromised things by making up a saying, ‘What the Bandar-log think now the jungle will think later,’ and that comforted them a great deal. Kipling European Union law finds itself in a very difficult situation. In his seminal book The Law of Integration, published in 1972, Pierre Pescatore wrote that the European Communities were based on strong and lasting institutional and legal structures, solid enough to resist the dangers of crisis and the erosion of time. At present, as a result of the institutional and economic crisis, the constitutional crisis, the complexity of the institutional and legal frameworks, the various phenomena of fragmentation, and a clear reduction in the impetus behind integration, we can see signs of serious stress and pressure over the legal and institutional system created by the Treaties of Paris and Rome. So much so that one may think that that framework is no longer adapted to the present times and that it must be reformed in depth. This course aims at exploring some of the main original traits of the law of integration, putting them in a historical perspective, which is the key to understand them properly and is still very relevant at present.
    [Show full text]
  • Prof. Dr. Iur. Frank Emmert, LL.M., Fciarb
    Prof. Dr. iur. Frank Emmert, LL.M., FCIArb Professor of International, Comparative and European Union Law Consultant & Arbitrator c u r r i c u l u m v i t a e (as of January 2021) Indiana University School of Law born on 31 December 1962 Lawrence W. Inlow Hall in Wiesbaden, Germany 530 West New York Street US citizen Indianapolis, IN 46202-3225, USA married to Salma Taman tel. (off.) (317) 278 9661 five children (* 1992, 1998, 2001, 2004 & 2011) fax (off.) (317) 278 3326 [email protected] Professional Experience since May 2018 Founder of the International Smart Mediation and Arbitration Institute, Indianapolis (www.smartarb.org) since July 2004 John S. Grimes Professor of Law at Robert H. McKinney School of Law - Indiana University, Indianapolis (USA) since June 2003 tenured Professor of Law and Director of the Center for International and Comparative Law, Robert H. McKinney School of Law since 2004 occasional arbitrator for disputes involving international business transactions since 1990 occasional advisor to corporations re international business transactions and disputes related to intellectual property, competition law and/or investment since Fall 2019 Adjunct Professor, Indiana University Maurer School of Law, Bloomington since 2017 Visiting Professor in the Master of Global Affairs Program of Universidad Rey Juan Carlos in Madrid (Spain) and Strasbourg (France) Fall 2015 and 2016 Visiting Professor, Université Saint-Ésprit de Kaslik, Beirut (Lebanon) May 2007 - Dec 2013 Director of and Professor in the USAID-funded Project of Indiana University at Alexandria and Cairo University (Egypt) 2007/08 and 2014 Visiting Professor, Universidad de Guadalajara (Mexico) 2006-08 & 2017-present Visiting Professor, American University Central Asia, Bishkek (Kyrgyzstan) Spring 2004 Vising Fellow at the Sheffield Centre for International and European Law, The University of Sheffield (United Kingdom) acad.
    [Show full text]
  • Academy of European Law Twenty-Seventh Session
    Academy of European Law Twenty-seventh Session Human Rights Law 20 June – 1 July 2016 Reading Materials The European Court of Human Rights as a Source of Human Rights Law Ineta Ziemele Professor, Riga Graduate School of Law; Judge of the Constitutional Court of Latvia; former judge and Section President at the European Court of Human Rights TABLE OF CONTENTS Page 1 Course Outline 1 2 Reading List 3 3 Harris, O’Boyle & Warbrick, Law of the European Convention on 5 Human Rights, 3rd ed., Oxford University Press, 2014 4 Luzius Wildhaber, Arnaldur Hjartarson, Stephen Donnelly, “No 24 Consensus on Consensus? The Practice of the European Court of Human Rights”, Human Rights Law Journal, Vol. 33, No. 7-12 (2013). 5 Steven Greer, The European Convention on Human Rights. 40 Achievements, Problems and Prospects, Cambridge University Press, 2006, pp. 316 – 321. 6 Ineta Ziemele, “International Courts and Ultra Vires Acts”, in 46 Caflisch et al (eds.), Liber Amicorum Luzius Wildhaber. Human Rights – Strasbourg Views.Droits de l’Homme – Regards de Strasbourg. N.P.Engel, Publisher, 2007, pp. 537 – 556 7 James Crawford, Chance, Order, Change: The Course of 66 International Law, Hague Academy of International Law, 2016, Chapter IX. The European Court of Human Rights as a Source of Human Rights Law Professor Ineta Ziemele Ph.D. (Cantab.) Judge of the Constitutional Court of Latvia, former judge and Section President at the European Court of Human Rights Outline of the lectures: 1. Introduction – setting the stage - Article 38. 1 (d) of the Statute of the International Court of Justice: “judicial decisions as subsidiary means for the determination of rules of law” - Article 32 of the ECHR: “1.
    [Show full text]
  • Director of Programmes (M/F/D) and Future Member of the Management
    We, the Academy of European Law Trier (ERA), leading partner of the European institutions and the legal professions in the field of continuing education in European law, are looking for a Director of Programmes (m/f/d) and future Member of the Management Board from 1 January 2022 (an earlier start is possible) with an excellent knowledge of European Union law and with proven management and leadership skills; a colleague with an inquiring and inspiring mind, capable of innovatory ideas, multi-lingual, organised and flexible. ERA is based in Trier, Germany, about 45 kms from the EU’s judicial capital in Luxembourg. With the support of the European Union, our team with sixteen lawyers from different EU Member States devises and organises some 150 conferences and training courses per year online and in venues across many European countries. ERA’s working languages are English, French and German. The job: The Director of Programmes is the head of the programme department consisting of 25 legal and secretarial staff to which s/he provides strategic direction in terms of the development and implementation of ERA’s annual programme and of new programme concepts, training structures and education tools (in particular e-learning). Her/ His responsibilities include the acquisition of training projects at European and national level as well as preparing and monitoring tenders for projects financed by EU programmes. S/He reports to the Director of ERA and as a member of the Management Team will formally represent the institute. What we expect: You have several years of professional experience in teaching and/or applying European Union law as a judge or prosecutor, lawyer in private or administrative practice, business, education, the European institutions or associations.
    [Show full text]