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. It will pay special attention to the added value of this provision, 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 the field of asylum and immigration.
The Workshop will focus on the role of the Court of Justice of the European Union in setting these principles and on the tasks of national courts in their application to asylum and immigration cases. Given that national courts have to apply national law consistently with both EU and ECHR law, the Workshop will also address ways in which national courts can apply and enforce EU law while ensuring respect of the ECHR and the European Court of Human Rights jurisprudence.
The Workshop will discuss the ways in which the decisions of the European Courts have influenced national jurisprudence. However, there are many issues on which there has yet to be a decision from the European courts; further requests for preliminary rulings as well as applications to the ECtHR have been submitted, regarding the safeguards of the right to effective judicial protection, rights of defence and the principles of effectiveness of equivalency in national asylum and return proceedings. Hence, there are still some instances of divergent jurisprudential practice remaining between Member States. This conference aims to highlight key topics of particular relevance to members of courts and tribunals, and lawyers in the field of European asylum law and immigration. It will aim to identify areas of common practice, as well as divergences, in relation to the judicial understanding and interpretation of key aspects of effective judicial protection in the field of the Common European Asylum System and immigration.
The Workshop will propose practical exercises of judicial interactions among national judges as ways of solving current issues in the implementation of EU asylum and immigration law. In addition, issues stemming from the cooperation between judicial and administrative authorities will be addressed.
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. 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.
Programme
Monday, 2 October 2017
14.00 – 14.15 | Institutional welcome address |
14.15 – 14.30 | Welcome address and presentation of the ReJus Project Paola Iamiceli |
14.30 – 15.30 | Keynote speech |
15.30 – 16.20 | Presentation of the ReJus Casebook with interventions by Simone Penasa and Davide Strazzari |
16.20 – 16.30 | Presentation of the ReJus Database |
16.30 – 17.00 | Coffee break |
17.00 – 18.30 | Hypothetical Case 1 – Duty of Cooperation |
18.30 – 18.45 | Discussion in the plenary of the Groups’ conclusions |
18.45 | End of Day 1 |
Tueday, 3 October 2017
9.00 – 10.40 | Roundtable Chair: Madalina Moraru |
10.40 – 11.00 | Coffee break |
11.00 – 12.30 | Hypothetical Case 2 – Detention |
12.30 – 13.00 | Discussion in the plenary of the Groups’ conclusions |
13.00 – 14.00 | Lunch |
14.00 – 16.20 | Roundtable Chair: Prof. Fabrizio Cafaggi |
16.20 – 17.10 | Institutional perspectives Chair: Madalina Moraru Antonio di Muro Patricia van de Peer Boštjan Zalar |
17.10 – 17.30 | Concluding remarks |
17.30 | End of the conference |
