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Still Exceptional? Constitutional Tradition in the 21st Century Organizers: Professor Martin Scheinin, Dr. Or Bassok (Max Weber Fellow) & Dr. Ida Koivisto (Max Weber Fellow & Academy of Fellow), May 16-17, EUI, Max Weber Common Room (Badia Fiesolana), EUI, Florence, Italy

An established wisdom in the field of comparative constitutional law is that Nordic constitutionalism has always been exceptional. According to this truism, this family of countries – consisting by most accounts of , Finland, Iceland, and – has traditionally exhibited different properties than the other Western traditions of constitutional law. In a nutshell, constitutional law and courts have been less central to the public life in these countries and the constitutional “language” was understood as more akin to a professional language than as part of the political discourse. Yet, recent developments both in the legal realm (such as the rise of influence of the CJEU and the ECtHR) and outside of it (the growing number of immigrants and refugees) are presenting new challenges to Nordic countries’ place as an exceptional constitutional law tradition. The conference aims to examine whether in reacting to these developments, Nordic constitutionalism has lost its exceptional character. If Nordic countries still maintain a unique tradition of constitutional law, the conference will aim to examine whether other countries facing similar challenges can learn from the Nordic exceptional tradition.

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Program

May 16

9:00-9:10: Opening Statement – Professor Martin Scheinin

9:10-10:30: Historical Roots and Philosophical Foundations - Part I Chair: Bilyana Petkova, EUI Speakers: Title: 1. Jakob v. H. Holtermann, Scandinavian Realism and Nordic Exceptionalism – a University of Copenhagen Philosophical Mismatch? 2. Pia Letto-Vanamo, Is There a Nordic Constitutional Tradition? University of Helsinki 3. Andreas Føllesdal, 7 Habits of Highly Reluctant Nordic States - Explanations and University of Oslo Challenges to Skepticism against Judicial Review

10:30-11:10: Coffee Break + Book Launch (Lower Loggia)

11:10-12:30: Diversity, Constitutional Identity and the End of Nordic Exceptionalism? – Part I Chair: Marina Aksenova, University of Copenhagen Speakers: Title: 1. Helle Krunke, University of Constitutional Identity, Diversity and Solidarity Copenhagen 2. Or Bassok, EUI Identity v. Expertise from a Comparative Perspective 3. Karin Åhman, Uppsala Some Reflections on the Swedish Discussion on the Concept University of Constitutional Identity

12:30-14:30: Lunch (Sala Rossa – invited speakers)

14:30-15:50: The Impact of the Regional European Courts on the Constitutional Discourse in the Nordic Countries - Part I Chair: Alain Zysset, EUI Speakers: Title: 1. Marlene Wind, University Do Scandinavian Judges Care about International Law? of Copenhagen 2. Tamas Gyorfi, University of In Praise of Constitutional Diversity: The Case for a Aberdeen Deferential Strasbourg Court 3. Martin Scheinin, EUI What has the European Court of Human Rights Ever Done for Us?

Dinner: 19:00 (location: Piatti e Fagotti/ invited speakers only) 3

May 17

9:00-10:20: Historical Roots and Philosophical Foundations – Part II Chair: Hanna Eklund, EUI Speakers: Title: 1. Ditlev Tamm, University of Exception or Rule? – Reflections on Nordic Constitutional Copenhagen History From a Danish Point of View 2. Ragnhildur Helgadottir, Characteristic or Difference? Judicial Review Prior to 1990 Reykjavik University 3. Hans Petter Graver, Nordic Exceptionalism under Exceptional Circumstances? The University of Oslo Experiences of Denmark and Norway under Nazi Legality

10:20-10:40: Coffee Break (Lower Loggia)

10:40-12:00: Diversity, Constitutional Identity and the End of Nordic Exceptionalism? – Part II Chair: Juha Tuovinen, EUI Speakers: Title: 1. Joakim Nergelius, Nordic Constitutions - Not So Unique Anymore? University of Örebro 2. Ida Koivisto, EUI Experts and Constitutionality Control in Finland – a Crisis of Cognitive Authority? 3. Janne Salminen, University Transformation of Finnish Constitutional Identity of Turku

12:00-12:20: Coffee Break (Lower Loggia)

12:20-13:40: The Impact of the Regional European Courts on the Constitutional Discourse in the Nordic Countries - Part II Chair: Jed Odermatt, European University Institute Speakers: Title: 1. Tuomas Ojanen, University From Separation to Reconciliation? The Changing of Helsinki Relationship between Constitutional Rights and EU rights in Finland 2. Inger Johanne Sand, The Norwegian Constitution and the Influence of International University of Oslo Treaties and Courts 3. Juha Lavapuro, University Why Constitutional Dialogue is a Misguided and Failing of Turku Project? The Case of Finland

13:40-15:00: Lunch (Sala Rossa – invited speakers)