era.int

PROTECTING

FUNDAMENTAL RIGHTS

IN THE EUROPEAN

UNION: TOOLS,

CHALLENGES AND WAY

FORWARD Trier, 18-19 June 2015 ERA Conference Centre

Metzer Allee 4, Trier, Germany

Organiser:

Dr Karine Caunes, ERA

Languages: English, French, German

(simultaneous interpretation)

Event number: 415D30

For further information:

Elizabeth Klopocki Tel. +49 (0)651 937 37 322

Fax. +49 (0)651 937 37 773

E-mail: eklopocki@era.int

Online registration: www.era.int/?125011&en

Objective

The aim of this conference is to analyse recent

developments in the field of fundamental rights

protection in the European Union. It will address the

challenges legal practitioners face when dealing

with fundamental rights issues, shed light on the current state of the EU system of fundamental rights

protection and provide tools regarding its effective

implementation.

Key topics

Review of the Commission’s ‘Strategy for the

effective implementation of the Charter of Fundamental Rights by the European Union’

five years on

EU Charter of Fundamental Rights: scope and

limits (Åkerberg Fransson (C-617/10), Siragusa

(C-206-13), AMS (C-176/12), Pfleger (C-390/12)

et al.)

The future of the European multi-level equivalent protection system:

between the EU and the ECHR systems (aftermath of the CJEU's Opinion 2/13 on

EU accession to the ECHR);

between the EU and national systems (CJEU Melloni (C-399/11), Spanish

Constitutional Court (STC 26/2014) et al.)

Access to justice: impact of post-Lisbon

depillarisation on access to the CJEU,

comparative assessment of ECtHR and CJEU

standards, the role of non-judicial bodies

Fundamental rights standard-setting through EU legislation

Who should attend?

Judges, lawyers in private practice, national and European civil servants, representatives of NGOs,

equality bodies and NHRIs.

Confirmed speakers

Chiara Adamo, Head of Unit, Fundamental Rights

and Rights of the Child, DG Justice, European

Commission, Brussels

Guy Canivet, Judge, Constitutional Council of the

French Republic, Paris

Nial Fennelly, former Judge of the Supreme Court

of Ireland, Dublin

Jana Gajdošová, Expert, Access to Justice Unit,

European Union Agency for Fundamental Rights,

Vienna

Jean-Paul Jacqué, Honorary Director-General and

Special Adviser to the Council of the European

Union; Emeritus Professor, University of

Strasbourg

Aidan O’Neill QC, Advocate and Barrister,

Edinburgh and London

Maria José Rangel de Mesquita, Judge,

Portuguese Constitutional Court; Professor,

Faculty of Law of the University of Lisbon

Lord Tyre, Judge, Supreme Courts of Scotland,

Edinburgh

Joseph H.H. Weiler, President, European

University Institute, Florence

IMPORTANT NOTE This event is part of the Catalogue+ of EJTN. There are 10 free places available for

judges and prosecutors from the Member States.

Application deadline: 4 May 2015.

To apply, please contact the EJTN secretariat:

www.ejtn.eu.

ERA is funded with support from

the European Commission. This communication reflects the view only of the author, and the

Commission cannot be held responsible for any use which may

be made of information contained therein.

Education and Culture DG

Erasmus+ Programme

II.

14:00

14:30

14:45

15:15

15:30

16:15

16:45

17:15

REDRESS MECHANISMS AGAINST FUNDAMENTAL

RIGHTS VIOLATIONS IN EUROPE

Safeguarding common European values and

fundamental rights in the European Union:

challenges and potential solutions

Fundamental rights monitoring in the EU

Rule of law dialogue and Art. 7 TEU

Discussion

Rights and redress mechanisms: innovative tools

for a better protection

FRA’s forthcoming Fundamental Rights Survey

Role and access to non-judicial actors (NHRIs, equality

bodies, ombudsmen) The CLARITY project: ‘Complaints, Legal Assistance and

Rights Information Tool for You’

Discussion

The right to an effective remedy in a comparative

European perspective Art. 47 EU Charter, Art. 6 and 13 ECHR

Discussion

Coffee break

Strategic litigation before European courts: private

parties’ direct and indirect access to the ECtHR and

the CJEU

18:00 Discussion

18:15 End of first day

19:00 Guided walking tour in the vineyards, dinner and

wine-tasting

Thursday, 18 June 2015

08:30

Arrival and registration of participants

09:00 Welcome and introduction

I. THE “CHARTER STRATEGY” FIVE YEARS

LATER

09:15 The Charter in practice: what has it changed?

Scope of application

General principles of EU law, the Charter’s rights and principles

Relationship between EU law and the ECHR

10:00 Discussion

10:15 The Commission’s action

Fundamental rights impact assessment,

monitoring and evaluation of EU legislation

Fundamental rights legislation and its proper

implementation: a year in review

11:00 Discussion

11:15 Coffee break

11:45 Lawfulness of legislative limitations on the

exercise of fundamental rights

Fundamental rights ‘check-list’

Consequences of the CJEU Digital Rights Ireland judgment on the EU legislature’s discretion

12:15

12:30

Discussion

Concluding remarks

12:45 Lunch

Friday, 19 June 2015

III. FUNDAMENTAL RIGHTS PROTECTION

THROUGH COURTS: HARMONY AND

DISSONANCE

09:00 Roundtable 1 – ‘European human rights

court’ and ‘European supreme court’: what is

the difference?

CJEU Opinion 2/13 on EU accession to the ECHR

EU Charter and ECHR: complementarity or

competition?

Protocol No 16 to the ECHR

Subsidiarity principle

Balance of rights and interests

10:15 Discussion

10:30 Coffee break

11:00 Roundtable 2 – National judges as European

judges

Standards of fundamental rights protection

Use of the EU Charter and the ECHR in national

judicial proceedings

Preliminary reference to the CJEU and the

ECtHR (Protocol 16)

12:30 Discussion

12:45 Concluding remarks

13:00 End of the conference

Programme may be subject to amendment.

For programme updates: www.era.int