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.


Monday, 2 October 2017

14.00 – 14.15

Institutional welcome address

14.15 – 14.30

Welcome address and presentation of the ReJus Project
Fabrizio Cafaggi
(University of Trento, National School of Administration, Rome, Re-Jus Project Coordinator)

Paola Iamiceli
(University of Trento, Professor)

14.30 – 15.30

Keynote speech
The complex relationship between Articles, 41, 47, 48 CFR and the general principles of EU law

Sacha Prechal
(Judge at the Court of Justice of the European Union)

15.30 – 16.20

Presentation of the ReJus Casebook
Judicial Dialogue furthering effective justice in asylum and immigration

Madalina Moraru
(Research Fellow, coordinator of the Rejus Asylum WG)

with interventions by

Simone Penasa and Davide Strazzari
(University of Trento, ReJus Team)

16.20 – 16.30

Presentation of the ReJus Database
Pietro Messina
(ReJus Team)

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


End of Day 1

Tueday, 3 October 2017

9.00 – 10.40

Judicial Dialogue securing Effective Justice in the fields of Asylum and Immigration: the perspective of national legal practitioners

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


14.00 – 16.20

Checklists and other instruments for a more effective judicial practice in the field of asylum and immigration detention

Chair: Prof. Fabrizio Cafaggi

16.20 – 17.10

Institutional perspectives
The role of the EU Charter rights to good administration, fair trial, effective legal remedy and general principles of EU law in the field of asylum and immigration

Chair: Madalina Moraru

Antonio di Muro
(UNHCR - Italian branch)

Patricia van de Peer

Boštjan Zalar
(representative of the IARLJ and ELI)

17.10 – 17.30

Concluding remarks
Prof. Fabrizio Cafaggi, Prof. Paola Iamiceli, Dr. Madalina Moraru


End of the conference