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Tutorial EU Law for Non-Lawyers

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					                                                              Seminar


Tutorial: EU Law for Non-Lawyers
Luxembourg, 7-9 February 2011


                                European Institute of Public Administration
                                 European Centre for Judges and Lawyers




                                                         Introduction
Description                                                             Methodology
As the body of national law derived from EU directives and              The tutorial will involve high-intensity coaching by EIPA specialists
regulations expands into all areas of government, officials in          for a small group of participants (maximum 20), allowing an
both national and EU administrative bodies can no longer plead          individualisation of training for the specific circumstances
‘ignorance’ of their role as administrators and enforcers of EU law     of participants in order to demonstrate the relevance and
and legal principles. This series of one-day modules will provide a     consequences of the rules for their daily work, while also offering
concentrated, in-depth introduction to the most important rules of      new perspectives and differing views as a result of interaction
European law for civil servants. It is divided into modules, starting   between the participants.
with fundamental issues of EU law, moving to the most important
field of substantive law that is the internal market, and ending with   Objective
the powers and activities of the Court of Justice of the European       The aim is to provide the participants with a practical understanding
Union. This will be followed by a focus on case studies designed to     of the legal system of the EU, the most important principles to bear
enable the participants to apply the rules in practice.                 in mind in any field of government activity, as well as the internal
                                                                        market and its latest developments. This will be presented in a way
Module 1 (Day 1), The EU Legal System, EU Legal Acts and                that clearly shows their relevance for and impact on their daily work.
Fundamental Principles, and the Member States’ Obligations to           In this way they can avoid actions that prove to be incompatible
give effect to the Acts and Principles                                  with European rules and that would therefore become devoid of
Module 2 (Day 2), The Internal Market and the Fundamental               legal force and could lead to compensation claims against officials
Freedoms, and how the Court of Justice of the European Union            and their respective authorities. Another aim is to describe these
provides guidance and addresses breaches of EU law                      legal topics in a manner that is easy to understand for non-lawyers,
Module 3, (Day 3) Practical Case Studies on the Implementation          precisely given that the latter must also know them to avoid errors.
and Application of EU law by National Administrations and Courts
                                                                        Target Group
This division of the programme into one-day modules will offer          All officials and specialists in the national and local administrations
the participants flexibility in adapting the event to their needs by    and EU institutions and agencies whose work is affected – directly
enabling them to choose the fields most appropriate for them.           or indirectly – by European Union legislation, e.g. by participation in
                                                                        EU law-making (preparation and negotiation), law approximation
                                                                        or application of national laws derived from EU law.
                                                        Programme
MOnDay 7 February 2011

08.30    registration                                                  16.00    Coffee break

Module 1: The eu Legal System:                                         16.30    Implementation of eu law and private/public
eu Legal acts and Fundam ental Principles, and the Member                       enforcement actions against Member States
States’ Obligations to give effect to the acts and Principles                   This session will provide an overview of the
                                                                                implementation of EU law at national level, as well
09.00    Welcome and mutual Introduction                                        as the possible consequences for Member States of
         • Presentation of EIPA and the European Centre for                     failing to comply with this obligation, including
           Judges and Lawyers                                                   both enforcement actions which can be brought by
         • Presentation of programme (including objectives                      the EU against Member States (the infringement
           and methodology) and speakers                                        procedure and the imposition of pecuniary penalties),
         • Individual presentation of participants                              and private actions which may be brought by private
         William BULL, Programme Leader, Researcher, European                   individuals before national courts (the principle of
         Centre for Judges and Lawyers, European Institute of                   state liability).
         Public Administration, EIPA Luxembourg                                 Peter GOLDSCHMIDT, Director, European Centre for
                                                                                Judges and Lawyers, EIPA Luxembourg
09.45    The participants’ perception of the role of eu law in
         their work                                                    18.00    end of Module 1
         The participants will be asked to discuss the subject of
         the tutorial and its relevance to their work, thereby         18.00    Reception
         giving them the opportunity to indicate items of
         individual interest that they would like to see addressed
         in the programme.                                             TueSDay 8 February 2011
         Participants and William BULL
                                                                       Module 2: The Internal Market and the Fundamental Freedoms,
10.00    Coffee Break                                                  and how the Court of Justice of the european union provides
                                                                       guidance and addresses breaches of eu Law
The Legal System of the european union
                                                                       The Internal Market and the Four Freedoms
10.30    Decision-making procedures after Lisbon:
         The ordinary and special legislative procedures               09.00    Introduction: The concept of the internal market and
         In this session the participants will be given an overview             its role in the european integration process
         of the role and powers of the EU institutions with                     Explanation of the nature of and theory behind
         respect to the preparation and adoption of EU law in                   the internal market, as compared to other forms of
         the decision-making procedures existing after the                      economic integration. In particular, the participants
         Lisbon Treaty, and particularly the ordinary and special               will be given a historical overview of the European
         legislative procedures.                                                integration process from an economic perspective and
         Juan Diego RAMIREZ-CARDENAS DIAZ, Senior Lecturer,                     the fundamental role and importance of the internal
         European Centre for Judges and Lawyers, EIPA                           market in this context. Finally, certain principles and
         Luxembourg                                                             features common to all of the four freedoms will also
                                                                                be outlined.
11.30    The sources of law and the legally binding acts                        William BULL
         Presentation of the new structure of the EU legal system
         following the entry into force of the Lisbon Treaty,          10.00    Coffee break
         focusing on the sources of law and their hierarchy:
         Primary law (the treaties) and Secondary law (the             10.15    Free movement of goods and the principle of mutual
         ‘legislative acts’– regulations, directives and decisions),            recognition
         as well as unwritten law (particularly the so-called                   Presentation of the law on free movement of goods,
         ‘general principles’ of EU law).                                       including the relevant treaty provisions and landmark
         William BULL                                                           judgments of the European Court of Justice in this
                                                                                area. The judge-made principle of mutual recognition
13.00    Lunch                                                                  will also be introduced in this context, thereby
                                                                                providing the participants with a practical
Member States’ Obligations                                                      understanding of the concept of so-called ‘negative
                                                                                harmonisation’ and its importance for national
14.30    The nature and effect of eu law in its relation with                    administrations.
         Member States                                                          William BULL
         Presentation of fundamental concepts governing the
         relationship between European law and the domestic            11.45    Lunch
         law of Member States which distinguish the EU from
         other international organisations: The principle of
         primacy, direct and indirect effect.
         Igor DIZDAREVIC, Lecturer, European Centre for Judges
         and Lawyers, EIPA Luxembourg
                                                      Programme


13.15    Free movement of persons and services                      10.30    Case Study II: an incorrectly inadequately transposed
         Overview of the law on free movement of persons                     Directive
         (including workers, self-employed persons and                       In this second workshop the participants will be asked
         other citizens) and services, drawing relevant                      to consider the ‘other side of the coin’; that is, an
         comparisons and distinctions between these freedoms                 example of an attempted but unsuccessful
         in order to demonstrate the interrelationship that                  transposition of a directive by a national administration.
         exists between them. The presentation will cover                    This will allow the participants to identify also common
         primary law and significant secondary legislation/ case             errors and shortcomings in the implementation of EU
         law in this area.                                                   law which they should seek to avoid.
         Tomasz KRAMER, Lecturer, European Centre for Judges                 Invited
         and Lawyers, EIPA Luxembourg
                                                                    12.00    Lunch
14.45    Coffee break
                                                                    13.30    Case Study III: Dealing with citizens’ complaints
The Guidance and Decisions of the Court of Justice                           based on eu law
                                                                             As explained in the final session of Module 1, one of
15.00    The system of preliminary references                                the consequences Member States can face in the event
         Presentation of the preliminary ruling procedure and                that they fail to implement or apply EU law correctly
         discussion of practical cases in this respect, the aim              or completely is ultimately that of legal action taken by
         being to illustrate how the Court of Justice gives                  private individuals. In order to address this issue, and
         guidance on both the validity and interpretation of EU              particularly to avoid as far as possible such matters
         laws.                                                               going before the courts, it is necessary for public
         Juan Diego RAMIREZ-CARDENAS DIAZ                                    administrations to be able to deal with citizens’
                                                                             complaints based on EU law effectively in the first
16.00    Debriefing: The impact of rulings of the Court of                   instance. Accordingly, this case study will provide a
         Justice of the european union on Member States and                  concrete example of this situation as well as tips and
         individual officials                                                advice for arriving at expedient and acceptable
         Briefing by a national expert on the impact of                      solutions.
         ‘precedents’ laid down by the Court of Justice of the               Invited
         European Union based on the personal experience of
         the expert and the participants, followed by a             14.45    Coffee break
         discussion of how these may be of relevance to the
         participants’ daily work.                                  application of eu law
         Peter KUGEL, EU Regulatory and Product Defense
         Lawyer, Brussels, and Participants                         15.00    Case Study IV: applying eu law to a factual scenario
                                                                             In this final session of the tutorial, the participants will
17.15    end of Module 2                                                     be presented with a practical case giving rise to a
                                                                             number of legal issues discussed during the two
                                                                             preceding modules and asked to apply the knowledge
WeDneSDay 9 February 2011                                                    they have acquired to the facts of the case. The aim is
                                                                             thereby to demonstrate how to go about analysing a
                                                                             case from the perspective of EU law, and how to apply
Module 3: Practical Case Studies on the Implementation and                   EU norms directly at national level.
application of eu Law by national administrations and Courts                 William BULL

Implementation of eu law                                            16.15    end of Module 3

09.00    Case Study I: a successfully transposed Directive          16.15    Conclusions and evaluation of the Tutorial
         This first practical case study will provide the
         participants with a real example of the successful (that   16.30    end of Tutorial
         is, timely, complete and accurate) transposition of
         an EU directive on the part of a Member State, with a
         view to identifying good practices and principles to be
         followed in this respect.
         William BULL

10.15    Coffee break
                                               General Information

Hotel reservations                                                         Participation
The European Institute of Public Administration has made optional          The fee applicable to each activity is clearly indicated on the
room reservations at the below-mentioned hotels. All rates are             registration form. Unless stated differently on the registration
including breakfast and tourist tax.                                       form, the fee includes participation in the activity, lunches and
                                                                           beverages during the activity, documentation and participation in
•	 Hotel	 Novotel	 Kirchberg****, Centre européen, Plateau de              the reception/cocktail.
   Kirchberg at the rate of €145 (http://businesstravel.accorhotels.
   com/fr/reservation/bookings.shtml. Code client: SC000002048             Travel and accommodation costs are at the expense of the
   – Contract No 308506). The hotel is located outside the city            participant or his/her administration.
   centre, within walking distance of the Jean Monnet Building.
   (Tel.: 43 77 68 51; Fax: 43 91 95; Email: H1930-RE2@accor.com or        Pre-payment of the fee is a condition for participation in an activity.
   H1930-RE3@accor.com)                                                    Prior to the activity each participant will receive an invoice which
                                                                           can be paid by bank transfer or by credit card.
•   Hotel	Parc	Plaza****	at the rate of €143
    Hotel	Parc	Bellevue*** at the rate of €95                              registration
    5, avenue Marie-Thérèse, city center, 10 minutes from “Centre          You may register through our website www.eipa.eu using the
    Aldringen”. (Tel.: 44 23 23 -2323; Fax: 45 61 41 220; Email:           online registration form or by faxing or mailing the attached
    reservation@goeres-group.com; www.goeres-group.com)                    registration form duly completed.

•   Hotel	 Français***, Place d’Armes, right in the city centre,           Discounts
    2 minutes from “Centre Aldringen”, at the rate of €110.                EIPA’s	Civil	Servants	Special	Discount
    (Tel.: 47 45 34; Fax: 46 42 74; Email: info@hotelfrancais.lu;          EIPA offers its members a discount of 10% of the registration fee
    www.hotelfrancais.lu)                                                  for certain seminars and training courses. This discount is available
                                                                           to all civil servants working for one of EIPA’s member countries and
•   Hotel	Simoncini****, 6 rue Notre Dame, right in the city centre,       for officials working for EU institutions.
    5 minutes from “Centre Aldringen”, at the rate of €125.
    (Tel.: 22 28 44; Fax: 26 26 29 00; Email: info@hotelsimoncini.lu;      If you are an official in the public administration (central or
    www.hotelsimoncini.lu)                                                 sub-national level) in one of eIPa’s member countries or an
                                                                           eu institution or agency, please tick the relevant box in the
•   Hotel	Melia*****, 1 Park Dräi Eechelen (10 Rue Fort Thuengen),         registration form when registering for a seminar or training course.
    Centre européen, Plateau Kirchberg, at a rate of €135                  You will then automatically receive an invoice for payment of the
    (Reservation code EIPA) (Tel.: +352 27333 - 1; Fax: +35227333;         fee with the 10% discount applied.
    Email: reservations.melia.luxembourg@solmelia.com)
                                                                           Other	discounts
•   Hotel	 Legere****, 11, Parc d’Activité Syrdall, 5365 Munsbach,         For this seminar, EIPA Luxembourg offers a €50 discount for all
    located slightly outside the city of Luxembourg at a rate of €135.     registrations received and paid before 10 January 2011.
    The hotel offers a free shuttle to the city center and the Kirchberg
    area. (Tel: +352 49 00 06-1 - Fax +352 49 06 80 – Email:               Please note that discounts cannot be accumulated. It is clearly
    Luxembourg@legerehotels.com; www.legerehotels.com                      stated on EIPA’s website for which seminars and training courses
                                                                           the reductions are offered. Full fees apply to all other seminars and
Should you wish to make use of this possibility, please phone              training courses.
or fax the reservation department of the hotel at one of the
above-mentioned numbers and mention the before-mentioned                   For more information, please visit EIPA’s website: www.eipa.eu
reservation code. Payment is to be made directly and personally            (FAQ – special discounts).
to the hotel on checking out. Please note that any optional
bookings not confirmed one month before the seminar dates will             Confirmation
automatically be cancelled by the hotels.                                  Confirmation of registration will be forwarded to participants on
                                                                           receipt of the completed registration form.
Luxembourg City has two main bus stations: one in the city centre
called “Centre Aldringen” and one next to the railway station              Cancellation policy
called “Air Terminus”. All buses, wherever their destinations, pass        EIPA reserves the right to cancel the seminar up to 2 weeks before
through these two stations. Bus no. 18, direction “Kirchberg”,             the seminar starting date. In that case, registration fees received
departs every ten minutes, and stops within walking distance of            will be fully reimbursed. EIPA accepts no responsibility for any costs
Hotel Novotel, as well as just around the corner from the Chambre          incurred (travel, accommodation, etc...).
des Métiers where the EIPA premises are located.
                                                                           For administrative reasons, a fee of € 150 will be charged for
Meals                                                                      cancellations received after 28 January 2011. There is no charge
Should you require a special menu (e.g. vegetarian, diabetic),             for qualified substitute participants.
please inform the Programme Organiser in due time so that this
can be arranged                                                            The mention of a speaker’s name in the programme does not
                                                                           commit EIPA. In the event that an announced speaker does not
                                                                           appear, EIPA will do its utmost to find a suitable replacement.
                                                                             Registration Form
                                                                          Tutorial: EU Law for Non-Lawyers
                                                                                  Luxembourg, 7-9 February 2011

 Surname: .................................................................................................................................. Title: .............................................................. M/F
 First name: .................................................................................................................................................................................................................
 Current position: ......................................................................................................................................................................................................
 Organisation: .............................................................................................................................................................................................................
 Department: ..............................................................................................................................................................................................................
 Work address: ...........................................................................................................................................................................................................
 Postal code & town: ........................................................................... Country: ................................................................................................
 Tel. no: ..................................................................................................... Fax no: ....................................................................................................
 E-mail address: .........................................................................................................................................................................................................

 Payment -1150401
 The participation fee includes participation in the seminar, documentation,                                                                                                                                         €990*
 3 lunches, 1 reception/cocktail and beverages.

 * Participants can register for the modules separately. The registration fee for one module is €375.
   The registration fee for two modules is €695

     Discount of 10% (conditions, please see on page General information, or check our website at www.eipa.eu
     (FAQ-special discounts)

 For this seminar, there will be discount of €50 for all participants who have registered and who’s payment
 has been received before January, 10th 2011                                                                                                                                                                          €940

 Method of payment
  Bank transfer
  The participants or their administration will receive an invoice for the payment of the registration fee.
  Invoice address (if different from the abovementioned address):
     ....................................................................................................................................................................................................................................
     E-mail: ......................................................................................................................................................................................................................

    Credit card
      American Express Card                                    Eurocard/Mastercard                               Visa Card
     Card no.: ............................................................................. Expiry date: ................. /..................
     Name Card holder: ...................................................................................................................................... (in case this differs from above)
     Address Card holder: ................................................................................................................................. (in case this differs from above)
     Postal code: ........................................................................... Country: ..................................................... (in case this differs from above)
     Card Validation Code: ..................................................................................................... (the last three digits on the BACK of your card)


 Meals
 Lunch day 1:                       will attend     will not attend                                                      Lunch day 3: will attend                                            will not attend
 Lunch day 2:                       will attend     will not attend                                                      Reception:      will attend                                         will not attend
 Vegetarian:                    yes           Fish allowed:      yes                                        no           Other dietary requirements:                                     ..........................................

Please return the completed registration form to:
Ms Christiane LAMESCH, European Centre for Judges and Lawyers, European Institute of Public Administration,
Luxembourg, Circuit de la Foire Internationale, 2, LU-1347 Luxembourg
Tel.: +352 426 230 302, Fax: +352 426 237, E-mail: c.lamesch@eipa.eu

                             Your name and address will be part of EIPA’s database for our mailing purpose only.
                             Please tick if you do not want to be included in our mailing database.

				
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