The Transnational Training Workshop will focus on the present and future challenges to the full implementation of the right to effective judicial protection, as granted by Article 47 of the EU Charter of Fundamental Rights in the field of personal data protection, giving consideration also to the forthcoming implementation of the Data Protection Reform package (General Data Protection Regulation (GDPR) and Data Protection Directive).
Special attention will be given, in particular, to the added value of Art. 47 and its interaction with Article 41 EU Charter (right to good administration), as well as with the general principles of EU law of equivalence, effectiveness and proportionality in this field.
The Workshop will, thus, focus on the role of the Court of Justice of the European Union in setting these principles and their application by national courts in personal data protection cases. More specifically, the debate will concentrate on issues related to the territorial scope of the protection granted by EU rules (both in terms of the identification of the national authority having jurisdiction on the case, as well as the territorial impact of the decisions), to the balance of interests between conflicting rights and the emergence of new individual rights, to the choice of remedies and the role of the different authorities dealing with complaints. In all these areas, the focus will be on the impact of the EU principles of equivalence, effectiveness, and proportionality and of the right to effective judicial protection. The Workshop will, thus, discuss the ways in which decisions of the European Courts influence national jurisprudence and how national courts take into consideration such principles.
The Workshop will propose practical exercises of judicial interactions among national judges as ways of solving current issues in the implementation of EU data protection law. In addition, issues stemming from the cooperation between judicial and administrative authorities, in particular regulators, will be addressed. The intent of these exercises is to elaborate practical guidelines that may help judges dealing with similar cases.
By gathering legal practitioners from the widest possible range of EU Member States, the Workshop aims to promote a mutual learning process whereby participants contribute to identify relevant issues to be addressed and share experiences and best practices in the interpretation and application of EU law, notably the Charter and EU secondary legislation, including, in perspective, the GRPD. The active participation of attendees will thus be essential for a fruitful conduct of the Workshop not only in the course of this training initiative but also during its preparation and follow-on, with special regard to the identification of national judgments which may be of interest for the training event.
Monday, 4 December, 2017
09.00 – 10.00
Opening of the workshop
Opening Speech: Isabelle Falque-Perrotin, President of CNIL and President of G29
Presentation of Re-jus project: Fabrizio Cafaggi, University of Trento, National School of Administration, Rome, Re-Jus Project Coordinator and Paola Iamiceli, University of Trento
10.00 – 11.45
Round Table n. 1
Topics: Territorial reach of EU Legislation (outside of Europe) and of Member State Laws (within Europe), Competence of supervisory authorities, Extraterritorial powers of supervisory authorities, Relations between EU and Member States authorities, between EUCJ and ECHR, and between Member States authorities.
11.45 – 12.00
12.00 – 13.00
Hypothetical Case 1
13.00 – 14.30
14.30 – 15.00
Restitution on Hypothetical Case 1
15.00 – 16.45
Round Table n. 2
Topics: Type and effectivity of remedies (comparative assessment), Binding effect of the decisions of MS supervisory authorities, Complementarity between public enforcers (administrative/judicial, civil/criminal), complementarity between specialized and ordinary rules and proceedings, role of private enforcers (associations and class action, impact of consumer law), incidence of the Charter on the proceedings (evidence, exhaustion of domestic remedies); collective redress.
16.45 – 17.00
17.00 – 18.00
Hypothetical Case 2
End of Day 1
Tuesday, 5 December, 2017
09.30 – 10.00
Restitution on Hypothetical Case 2
10.00 – 11.45
Round Table n. 3
Topics: Role of art. 47 of the Charter in the definition of the material scope of the protection; Role of the Charter (art. 7, 8 and 47) in the emergence of new rights (right to be forgotten, right to be de-listed), Proportionality and the balance of conflicting interests.
11.45 – 12.00
12.00 – 12.45
Conclusive remarks and paths for the future
13.00 – 14.30
End of Day 2