www.era25.eu

The Authority of EU Law Do we still believe in it? Congress to mark the 25th Anniversary of ERA

Trier, 19-20 October 2017 .

WELCOME TO ERA!

Thank you for joining us in Trier to celebrate the twenty-fifth anniversary of the Academy of European Law. The question posed in the title of our Anniversary Congress – “The Authority of EU Law – Do we still believe in it?” – could not be more important today. The is facing both crises and opportunities, and the law is very much at the heart of them. We are delighted that so many outstanding speakers have agreed to honour us with their presence and we thank them for their commitment. We hope that you, our distinguished guests and participants, will find the debates over these two days to be stimulating and inspiring. Finally, we take this opportunity to thank all our staff, whose hard work and enthusiasm have made this programme possible.

Wolfgang Heusel Director

Luc Doeve Jean-Philippe Rageade John Coughlan Director of Finance Director of Programmes Director of Communications .

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ADVISORY COMMITTEE

Vassilis Christianos, Partner at Christianos & Partners, Athens; Emeritus Professor of at the Law School of the University of Athens Zuzana Fišerová, Director, International Department for Civil Matters and Junior Deputy Minister, Ministry of Justice, Prague Gregorio Garzón Clariana, former Jurisconsult of the , Barcelona Waltraud Hakenberg, former Registrar of the Civil Service Tribunal of the EU, Hans-Jürgen Hellwig, Partner at Hengeler Mueller; former President of the CCBE, Frankfurt am Main Pauliine Koskelo, Judge at the European Court of Human Rights, Strasbourg Kari Kuusiniemi, Judge at the Supreme Administrative Court, Helsinki Ulrike Lunacek MEP, Vice-President of the European Parliament, /Strasbourg Peter-Christian Müller-Graff, Professor at the University of Heidelberg María José Rangel de Mesquita, Judge at the Constitutional Court, Lisbon Christa Tobler, Professor at the Universities of Basel and Leiden Marc van der Woude, Vice-President of the General Court of the European Union, Luxembourg Schedule www.era25.eu

Thursday, 19 October 2017

13:45 Opening ceremony • Introductory speeches • Musical entertainment

14:30 Inaugural lecture What is the “authority” of the law? Compliance and acceptance as preconditions or as constitutive elements?

Part 1: Law-making and the role of courts

15:00 Keynote address: The Court of Justice of the European Union as the guardian of the authority of EU law – a networking exercise?

15:30 Panel discussion: The impact of legislation on the authority of EU law

17:00 Panel discussion: The authority of EU law – a view from Constitutional and Supreme Courts

20:00 Reception and Fundraising Auction

Friday, 20 October 2017

Part 2: Current challenges regarding compliance with and enforcement of EU law – the authority of EU law at risk

TOPIC A TOPIC B TOPIC C Remaining and new Economic and Monetary Current threats to the obstacles to the Single Union (EMU) as an rule of law in the EU – the Market rules – does the illustration of “the incomplete foundation on which the economic crisis justify a Union”: the authority of EU authority of EU law rests weakening of the authority of law stuck half-way between EU law? supranational and national sovereignty

09:30 Keynote address Keynote address Keynote address Reliability and enforcement Completing vs. rethinking the Article 7 TEU and the Rule of EU law – a necessity for EMU? of Law mechanism – a citizens, businesses and the dissuasive weapon or a law itself paper tiger?

Panel discussion Panel discussion Panel discussion 11:00 Challenges to the Single The need to complete the The rule of law crisis in the Market EMU EU and beyond

Part 3: The crisis of the European project undermining the authority of EU law – the EU in search of legitimacy

14:30 Keynote address: Brexit – symptom of the EU’s legitimacy crisis or just a British problem?

Panel discussion on the crisis of the European project

19:30 Gala Dinner

Venue: ERA Conference Centre, Metzer Allee 4, D-54295 Trier Languages: English, French, German (simultaneous interpretation) Website: www.era25.eu Speakers & Chairs www.era25.eu

Chairs Emmanuel Crabit Head of Unit, Justice Policy and Rule of Law, DG JUST, Josef Azizi , Brussels former Judge at the General Court of the EU, Vienna Wiebe de Vries Wolfgang Heusel President of the International Association of Young Director of the Academy of European Law, Trier Lawyers (AIJA), Amsterdam Yves Kreins Lars Hjortnæs Judge at the Administrative Tribunal of the International Judge at the Danish Supreme Court, Copenhagen Labour Organization (ILO), Geneva Sophie in ’t Veld MEP Peter-Christian Müller-Graff Committee on Civil Liberties, Justice and Home Affairs, Professor at the University of Heidelberg European Parliament, Brussels Lord Tyre Bernd Kaltenhäuser Judge of the Supreme Courts of Scotland, Edinburgh President of the Deutsche Bundesbank Regional Marc van der Woude Administration for Rhineland-Palatinate and the Saar, Vice-President of the General Court of the EU, Mainz Luxembourg Pauliine Koskelo Speakers Judge at the European Court of Human Rights, Strasbourg Paul P. Craig Professor at the University of Oxford Francis Lamy Member of the Council of State, Paris Federico Fabbrini Professor at Dublin City University Giorgio Maganza former Director at the Legal Service of the Council of Hans-Jürgen Hellwig the EU, Brussels Partner at Hengeler Mueller, Frankfurt am Main Joaquim Nunes de Almeida Koen Lenaerts Director for Single Market Policy, Regulation and President of the Court of Justice of the EU, Luxembourg Implementation, DG GROW, European Commission, Inger Österdahl Brussels Professor at the University of Uppsala Luis Ortiz Blanco Jacques Santer Partner at Garrigues, Madrid President of the Governing Board of the Academy of Maria José Rangel de Mesquita European Law, Luxembourg Judge at the Portuguese Constitutional Court, Lisbon Pavel Telička Jean-Luc Sauron Vice-President of the European Parliament, Brussels Member of the Council of State, Paris Joseph H.H. Weiler Jean-Marc Sauvé Professor at the New York University School of Law Vice-President of the Council of State, Paris Panellists Ludger Schuknecht Chief Economist and Head of Department at the Gerolf Annemans MEP Federal Ministry of Finance, Berlin Committee on Economic and Monetary Affairs, European Parliament, Brussels Pedro Silva Pereira MEP Vice-Chair, Committee on Constitutional Affairs, Karen Banks European Parliament, Brussels Deputy Director-General at the Legal Service of the European Commission, Brussels Imola Streho Affiliate Professor at Sciences Po Law School, Paris Federal Minister for Family Affairs, Senior Citizens, Maciej Szpunar Women and Youth; Federal Minister of Labour and Advocate General at the Court of Justice of the EU, Social Affairs, Berlin Luxembourg Bojan Bugarič Lord Thomas of Cwmgiedd Professor at the University of Ljubljana former Lord Chief Justice of England and Wales, London Christopher P. Buttigieg Lecturer in the Banking and Finance Department of the Christian Verschueren University of Malta Director-General of EuroCommerce, Brussels Pierre-Henri Conac Diana Wallis Professor at the University of Luxembourg former Vice-President of the European Parliament, Hull Programme

Thursday, 19 October 2017 www.era25.eu

12:30 Registration of participants

Plenary session Languages: English, French, German (with simultaneous interpretation)

13:45 Opening ceremony • Introductory speeches • Musical entertainment Jacques Santer Pauliine Koskelo Pavel Telička Wolfgang Heusel

Chair: Josef Azizi

14:30 Inaugural lecture: What is the “authority” of the law? Compliance and acceptance as preconditions or as constitutive elements? Joseph H.H. Weiler

Part 1: Law-making and the role of courts

15:00 Keynote address: The Court of Justice of the European Union as the guardian of the authority of EU law – a networking exercise? Koen Lenaerts

15:30 Panel discussion: The impact of legislation on the authority of EU law • the lack of legitimacy and of transparency in the making of the law (role of lobbyists, comitology, etc) • the ineffectiveness of the subsidiarity principle • the poor quality of legislation Karen Banks Giorgio Maganza Diana Wallis

16:30 Break

Chair: Lord Tyre

17:00 Panel discussion: The authority of EU law – a view from Constitutional and Supreme Courts • “ultra vires” risks and the role of the CJEU: Aranyosi, Mangold, Kücükdevici, Pereda and the annual leave practice in Denmark, non-application of Ajos by Højesteret, attacks on CJEU in Brexit debate • interpreting the national identity clause (Art 4 II TEU) • ineffectiveness of the subsidiarity principle (Art 5 I 2 TEU & Prot 2) Lars Hjortnæs Jean-Marc Sauvé Maciej Szpunar Lord Thomas

18:30 End of the first day

20:00 Reception

20:30 Fundraising Auction Auctioneer: Takuro Ito, Member of Management, Kunsthaus Lempertz, Cologne Programme

Friday, 20 October 2017 www.era25.eu

09:00 Arrival of participants

Part 2: Current challenges regarding compliance with and enforcement of EU law – the authority of EU law at risk

Parallel Working Session A Remaining and new obstacles to the Single Market rules – Does the economic crisis justify a weakening of the authority of EU law? Language: English

Chair: Marc van der Woude 09:30 Keynote address: Reliability and enforcement of EU law – a necessity for citizens, businesses and the law itself Hans-Jürgen Hellwig 10:30 Break 11:00 Panel discussion: Challenges to the Single Market • Member States‘ measures aimed at protecting national markets after the crisis • Examples of obstacles incurred by industry within the Single Market • The relevance of infringement procedures – the European Commission between guarding the Treaties and political discretion Joaquim Nunes de Almeida Luis Ortiz Blanco Imola Streho Christian Verschueren 13:00 Lunch

Parallel Working Session B Economic and Monetary Union (EMU) as an illustration of “the incomplete Union”: the authority of EU law stuck half-way between supranational and national sovereignty Languages: English, German (with simultaneous interpretation)

Chair: Peter-Christian Müller-Graff 09:30 Keynote address: Completing vs. rethinking the EMU? Federico Fabbrini 10:30 Break 11:00 Panel discussion: The need to complete the EMU • The incomplete EMU: a dilemma of federalisation versus dissolution? • Handling the Euro crisis within and without the EU framework • Questioning the legitimacy of the rules and the selectivity of their application Gerolf Annemans Christopher P. Buttigieg Pierre-Henri Conac Bernd Kaltenhäuser 13:00 Lunch

Programme

Friday, 20 October 2017 www.era25.eu

Parallel Working Session C Current threats to the rule of law in the EU – the foundation on which the authority of EU law rests Languages: English, French (with simultaneous interpretation)

Chair: Yves Kreins 09:30 Keynote address: Article 7 TEU and the Rule of Law mechanism – a dissuasive weapon or a paper tiger? Inger Österdahl

10:30 Break

11:00 Panel discussion: The rule of law crisis in the EU and beyond • Threats to democratic values in Member States and candidate countries • The core concept of an independent judiciary • Terrorist attacks and state of emergency Bojan Bugarič Emmanuel Crabit Sophie in ’t Veld Pauliine Koskelo Francis Lamy Maria José Rangel de Mesquita

13:00 Lunch

Plenary session

Part 3: The crisis of the European project undermining the authority of EU law – the EU in search of legitimacy

Chair: Wolfgang Heusel 14:30 Keynote address: Brexit – symptom of the EU’s legitimacy crisis or just a British problem? Paul P. Craig

Panel discussion The crisis of the European project • Reflecting on the legitimacy deficit of an elite project • Which scenarios for the future of Europe (focus on the European Commission’s White Paper)? • The “ever closer Union” or “United in diversity” – what should be the finality for the EU? Katarina Barley Wiebe de Vries Jean-Luc Sauron Ludger Schuknecht Pedro Silva Pereira

17:00 End of Congress

19:30 Gala Dinner Organisational matters www.era25.eu

Accommodation Bus Shuttle

Vienna House Easy Thursday, 19 October 2017 Metzer Allee 6, 54295 Trier 18:30: ERA → Hotels (Park Plaza, Ibis Styles, Tel: +49 (0) 651 93770 Deutscher Hof, Penta Hotel) Villa Hügel 19:45: Hotels → ERA Bernhardstr. 14, 54295 Trier Tel: +49 (0) 651 93710-0 23:00: ERA → Hotels Park Plaza Hotel Friday, 20 October 2017 Nikolaus-Koch-Platz 1, 54290 Trier Tel: +49 (0) 651 99930 08:45: Hotels → ERA

Penta Hotel Trier 17:30: ERA → Hotels Kaiserstraße 29, 54290 Trier 19:15: ERA / Hotels → Nells Park Hotel Tel: +49 (0) 69 256699300

Hotel Deutscher Hof 23:00-00:00: Nells Park → ERA / Hotels Südallee 25, 54290 Trier Tel: +49 (0) 651 97780 ibis Styles Trier Metzelstraße 12, 54290 Trier Congress Secretariat Tel: +49 (0) 651 994920 Natalia Gorski

Evening Programme Thursday, 19 October 2017, 20:00 Reception & Fundraising Auction ERA Conference Centre

Friday, 20 October 2017, 19:30 Gala Dinner Karin Wenzel Nells Park Dasbachstraße 12, 54292 Trier

Taxi Please call the Taxi-Zentrale-Trier: +49 (0) 651 12012 Room Overview www.era25.eu

Thursday, 19 October 2017

Check-In Building A / Helena & Gratianus

12:45 Welcome coffee Building B / Foyer

13:45 Part 1: Law-making and the role of courts Building B / K1 & K2

20:00 Reception Building B / Foyer

20:30 Art Auction Building B / K1 & K2

Friday, 20 October 2017

09:00 Welcome coffee Building A / Cafeteria

09:30 Part 2: Current challenges regarding compliance with and enforcement of EU law: the authority of EU law at risk

TOPIC A: Remaining and new obstacles to the Single Market rules Building A / Gratianus

TOPIC B: Economic and Monetary Union (EMU) as an illustration of “the incomplete Union” Building A / Helena

TOPIC C: Current threats to the rule of law in the EU Building A / Ausonius

14:30 Part 3: The crisis of the European project Building B undermining the authority of EU law – the EU in search of legitimacy K1 & K2

Congress office: Building A / Foyer Press room: Building A / Cafeteria Highlighting 25 years of the Academy of European Law

5 Mar 2005 First 25 Mar 2011 29 Jan 2003 cooperation Official opening First annual with rotating 27-29 Sept of the new ERA reception in EU Presidency 2007 building Luxembourg on Brussels 15th anniversary Mutual trust in congress on the European The Future of 20-21 Jun1997 criminal area 8-9 Nov 1991 ERA congress legal Europe 2017 Formal on Legal Accession to inauguration 19 Oct 1995 Limits of a 2007 20 Dec 2011 the ERA of ERA at the Geometrically foundation Framework Presentation Electoral Palace Variable and Accessions agreement with of the ERA- 18-20 Apr 2013 in Trier – First Multi-speed 2001 2003 to the ERA 2009 5 Jul 1993 Poland signed 7 Oct 1999 EJTN study ERA co-organiser 16-17 Apr 2015 conference on Europe 2005 foundation Accessions Accessions Accession to the Judicial Training of the 7th European Conflict and First meeting in Łódź on The ERA library Conference in to the ERA to the ERA Accessions ERA foundation in the EU Jurists’ Forum in cooperation of the Board of pre-accession is awarded the cooperation with foundation foundation to the ERA commissioned Barcelona between Trustees cooperation status of an EU the European foundation by the European national legal Documentation Commission Parliament to systems and Centre and the Latvian its Legal Affairs Community law Presidency on Committee the proposed Regulation on the European Public Prosecutor’s Office

1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017

12 Mar 1992 1994 2008 Jun 2000 First regular Accession to the 19 Feb 2002 Accessions ERA launches 18-20 Oct 2012 conference on ERA foundation Opening of to the ERA the first issue of th Asylum and ERA’s first 16-20 Feb foundation 20 anniversary its legal journal congress on immigration law Brussels Office 2004 ERA Forum The citizen at 3 Jun 2016 1996 Seminar EU the heart of EU and the German Publication of ERA consortium law for Chilean law 22 Jun 1992 states 1-2 Dec 2002 the ERA-EJTN partner for EU lawyers The Grand 10th anniversary study on Judicial law training in requested by 26 Nov 2014 Duchy of jubilee congress 3 Jul 2006 training in the PHARE projects the Spanish Public hearing Luxembourg, ECJ President area of EU to prepare Ministry of on the Rules of the State of Vassilios competition law Hungary and Foreign Affairs procedure of the Rhineland- Skouris commissioned Bulgaria for 11 Sept 1998 10 Mar 2010 future Unitary Palatinate, launches ERA’s by the European accession Opening of the Vice President 2012 Patent Court the City of annual summer Commission ERA Congress Viviane Reding Accession to the Trier and the 13 Oct 2000 reception in co-organised in Centre in Trier announces the ERA foundation Association for 2002 Luxembourg Trier by ERA ERA is founding priorities for the the Promotion 2016 member of Accessions Commission’s of the Academy 22-23 Mar the European to the ERA criminal justice 2014 Accession to the jointly establish Judicial Training foundation 2004 ERA foundation programme Accession to the the Academy of Network (EJTN) Colloquium 2009-2014 ERA foundation European Law and depositary with ACA Foundation of its “Bordeaux Europe on The Charter” preliminary reference procedure 2000 for judges 2006 Accession to the from ten Accession to the ERA foundation new Member States ERA foundation Academy of European Law Metzer Allee 4 54295 Trier, Germany Tel: +49 (0)651 93737-0 Fax: +49 (0)651 93737-90 E-mail: [email protected] www.era.int www.era25.eu