Target group
EU regulatory affairs professionals from business and professional associations, officials and specialists in the national administrations and EU institutions who are non-lawyers but are affected – directly or indirectly – by European Union legislation (e.g. by participation in EU law-making, law approximation or application of national laws derived from EU law) as well as other professionals wishing to gain/expand their knowledge of EU law.
Description
The body of national law derived from EU directives and regulations expands into all areas of government and officials in both national and EU administrative bodies play an increasingly active role as administrators and enforcers of EU law. Therefore, they need sufficient understanding of EU law to avoid actions incompatible with EU rules, leading to compensation claims against them and their authority. On the other hand, EU regulatory affairs professionals from business and professional associations are required to possess good knowledge of EU legislative framework in order to actively influence the EU law-making process. This series of tutorials will provide a concentrated, in-depth introduction into the most important rules of EU law. It is divided into 2 modules, starting with the EU legislative framework and the decision-making process between EU Institutions, moving to the EU law implementation at EU level under the new comitology procedure, and ending with practical case-studies on EU law implementation. Case-studies and the workshop should enable participants to recognise legal acts and apply the EU rules in practice.
Module 1(Day 1 and 2):The EU Legal System, the Relationship between the EU and Member States, Decision-making process at EU level, EU law implementation at EU level and the Internal Market and the Fundamental Freedoms
Module 2(Day 3): Consequences of breaches of EU law and Practical Case Studies on the Implementation and Application of EU law by National Administrations and Courts
Learning methodology
The programme has been divided into modules to offer participants flexibility in adapting the event to their needs. The tutorials will involve high-intensity coaching by EIPA specialists for small groups of participants, allowing training’s individualisation. The workshop and case-studies will put the knowledge gained by participants in a practical context to demonstrate the relevance and consequences of the EU rules for their daily work. This seminar will also put a particular emphasis on offering new perspectives and differing views as a result of interaction between the participants.
Objectives
• To provide non-lawyers with in-depth knowledge of the fundamental concepts of EU law and EU law-making process and to deepen their understanding of their role in this process and obligations imposed by EU law to which they are subject
• To allow participants to gain practical understanding of the comitology process after Lisbon
• To fine-tune practical understanding of the relevance and impact of EU legislation on their daily work and the mechanisms of its correct implementation into national systems
• To provide a platform for the exchange of experience and information sharing
Wednesday 29 February 2012
MODULE 1: EU LEGAL SYSTEM, THE RELATIONSHIP BETWEEN THE EU AND THE MEMBER STATES AND EU LAW IMPLEMENTATION AT EU LEVEL
Welcome and mutual introduction
• Presentation of EIPA and the European Centre for Judges and Lawyers
• Presentation of programme (including objectives and methodology) and speakers
• Individual presentation of participants
Alina Domaradzka, Lecturer, EIPA Luxembourg
The participants’ perception of the role of EU law in their work
The participants will be asked to discuss the subject of the tutorial and its relevance to their work, thereby giving them the opportunity to indicate items of individual interest that they would like to see addressed in the programme.
Participants and Alina Domaradzka
1.1 EU LEGAL SYSTEM
The New nature of the EU after the Treaty of Lisbon
• Defining the EU as an original entity: the peculiar nature of the EU
• Methodology and structure of the Treaty of Lisbon
• New architecture of the EU and its legal personality
• Fundamental values and aims of the EU
Igor Dizdarevic, Lecturer, EIPA Luxembourg
European Union’s legal framework: Practical analysis of EU legal instruments
• Sources of EU law and their hierarchy: Instruments of primary and secondary law
• New structure of the EU legal system after Lisbon: Binding and non-binding legal acts, legislative and non-legislative acts
• Role of unwritten sources of law (“general principles” of EU law)
• Role of the EU Court of Justice in developing EU law (case-law)
Tomasz Kramer, Lecturer, EIPA Luxembourg
Lunch
Procedures for the adoption of legal instruments at EU level: a practical overview
• The role and powers of the EU institutions with respect to the preparation and adoption of EU law
• Decision-making procedures adopted in different Institutions.
• Different legislative procedures after the Lisbon Treaty: The ordinary and special legislative procedures
Juan Diego Ramírez-Cárdenas Díaz, Senior Lecturer, EIPA Luxembourg
1.2 THE RELATIONSHIP BETWEEN THE EU AND THE MEMBER STATES
Principles governing the relationship between the EU and the Member States
• Delimitation of competences after the Lisbon Treaty
• Principle of proportionality
• Principle of subsidiarity and the role of national parliaments in the EU decision-making process after the Lisbon Treaty
Alina Domaradzka
The nature and effect of EU law in its relation with Member States
• Fundamental concepts governing the relationship between European law and the domestic law of Member States
• The principle of primacy, direct and indirect effect
Igor Dizdarevic
Evaluation of the first seminar day
Reception
Thursday 1 March 2012
1.3 EU LAW IMPLEMENTATION AT EU LEVEL
Comitology procedure after Lisbon
• Comitology procedure before and after the Lisbon Treaty
• New practise of the delegation of implementing powers to the European Commission
• Differences between delegated and implementing acts
Juan Diego Ramírez-Cárdenas Díaz
Workshop: Analysing legal acts
Participants will be requested to recognise different EU legal instruments and their respective legal nature (eg legislative acts or delegated/ implementing acts) as well as identify relevant provisions and contents determining duties and obligations upon those to whom these acts are addressed, deadlines or transposition periods.
Participants and Juan Diego Ramírez-Cárdenas Díaz
Lunch
1.4 THE EU INTERNAL MARKET AND THE FUNDAMENTAL FREEDOMS
Fundamental Freedoms and the principle of mutual recognition
• The nature of and theory behind the EU Internal Market, as compared to other forms of economic integration
• Principles and features common to all of the four fundamental freedoms
• The judge-made principle of mutual recognition
• Practical understanding of the concept of “negative harmonisation” and its importance for national administrations
Alina Domaradzka
Free movement of persons and services
• Overview of the law on free movement of persons (including workers, self-employed persons and other citizens) and services
• Comparisons and distinctions between these freedoms and the interrelationship between them
• Primary law and secondary legislation/ case law in the area of free movement of persons and services
Tomasz Kramer
Multiple Choice Test
On the basis of questions formulated in a multiple test, participants will review the contents and the most relevant information provided during these two training days and assess the level of their knowledge and learning progress. A corrigendum will distributed at the end of this session for participants to calculate their own personal score.
Participants and Alina Domaradzka
Evaluation of the second seminar day
END OF MODULE 1
Friday 2 March 2012
MODULE 2: EU LAW IMPLEMENTATION AT MEMBER STATES LEVEL AND CONSEQUENCES OF BREACHES OF EU LAW: PRACTICAL CASE STUDIES
2.1 CONSEQUENCES OF BREACHES OF EU LAW
European Commission’s role as “the guardian of the EU Treaty” – enforcement actions brought against Member States before the Court of Justice of the European Union
• Concept and nature of infringement of EU law by Member States
• Types of infringement procedures
• Different phases of the infringement procedure
• Pecuniary penalties
Minas Konstantinidis
Recent cases for non-compliance with EU law – problems in practice
• The Commission's burden of proof
• The Member States' defence
• The impact of the Court's judgments in the Member States
Minas Konstantinidis
Lunch
2.2 THE IMPLEMENTATION AND APPLICATION OF EU LAW BY NATIONAL ADMINISTRATIONS AND COURTS
Case Study I: Dealing with citizens’ complaints based on EU law
One of the consequences Member States can face in the event that they fail to implement or apply EU law correctly or completely is ultimately that of legal action taken by private individuals. In order to address this issue, and particularly to avoid as far as possible such matters going before the courts, it is necessary for public administrations to be able to deal with citizens’ complaints based on EU law effectively in the first instance. Accordingly, this case study will provide a concrete example of this situation as well as tips and advice for arriving at expedient and acceptable solutions.
N.N.
Case Study II: An incorrectly inadequately transposed Directive
In this second workshop the participants will be asked to consider the ‘other side of the coin’; that is, an example of an attempted but unsuccessful transposition of a directive by a national administration. This will allow the participants to identify also common errors and shortcomings in the implementation of EU law which they should seek to avoid.
N.N.
Case Study III: A successfully transposed Directive
This first practical case study will provide the participants with a real example of the successful (that 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.
Alina Domaradzka
END OF MODULE 2
Evaluation and end of the Seminar
Seminar Venue
European Centre for Judges and Lawyers, EIPA Luxembourg
Building of the Chambre des Métiers, 2 Circuit de la Foire Internationale
1347 Luxembourg
Hotel reservations
The European Institute of Public Administration has negotiated prices with the following hotels. All rates are including breakfast and tourist tax.
Kirchberg
Hotel Novotel Kirchberg****, at the rate of €148. Tel.: +352 43 77-6851; fax: +352 43 9195; e-mail: H1930-RE2@accor.com; booking page (Client code: SC000002048 – Contract No 308506).
Hotel D’Coque***, at a rate of €79. Tel.: +352 43 6060-1; fax: +352 42 3315; e-mail: info@coque.lu; booking page.
City Centre
Hotel Domus***, at the rate between €99 and €139. Tel.: +352 46 7878-1; fax: +352 46 7879; e-mail: info@domus.lu; www.domus.lu (Reservation code: EIPA).
Findel (Airport)
NH Luxembourg***, at the rate of €121 (Monday to Thursday) and €105 (Friday to Sunday). Tel.: 352 34 8931-607; fax: +352 34 8931-9413; booking page.
Should you wish to make use of this possibility, please phone or fax the reservation department of the hotel on one of the above-mentioned numbers and mention the relevant reservation code. Payment is to be made directly and personally to the hotel on checking out. Please note that any optional bookings not confirmed one month before the seminar dates will be automatically cancelled by the hotels.
Luxembourg City has two main bus stations, one in the city centre called "Centre Aldringen" and one next to the railway station called "Air Terminus". All buses, wherever they go, pass through these two stations. Bus no. 18, with departure every ten minutes, goes in direction ‘Kirchberg’, stopping right in front of Hotel Novotel, which is within walking distance of all European institutions as well as just around the corner from the Chambre des Métiers building.
Meals
Should you require a special menu (e.g. vegetarian, diabetic), please inform the Programme Organiser so that this can be arranged.
Participation
The fee applicable to each activity is clearly indicated on the registration form. Unless otherwise stated on the registration form, the fee includes participation in the activity, lunches and beverages during the activity, documentation and participation in the reception/cocktail.
Travel and accommodation costs are at the expense of the participant or his/her administration.
Pre-payment of the fee is a condition for participation in an activity. Prior to the activity each participant will receive an invoice which can be paid by bank transfer or by credit card.
Registration
Kindly complete the online registration form before the closing date.
Discounts
EIPA’s Civil Servants Special Discount
EIPA offers its members a reduction of 10% of the registration fee. For details, please click here.
If you are an official in the public administration (central or sub-national level) in one of EIPA’s member countries or an EU institution or agency, please tick the relevant box on the registration form when registering for a seminar or training course. You will then automatically receive an invoice for payment of the fee with the 10% discount applied.
Other discounts
For this seminar, EIPA Luxembourg offers a €50 discount for all registrations received and paid before 20 January 2012.
Please note that discounts cannot be accumulated. It is clearly stated on EIPA’s website which seminars and training courses are eligible for the reductions. Full fees apply to all other seminars and training courses.
Confirmation
Confirmation of registration will be forwarded to participants on receipt of the completed registration form.
Cancellation policy
EIPA reserves the right to cancel the seminar up to two weeks before the seminar starting date. In that case, received registration fees will be fully reimbursed. EIPA accepts no responsibility for any costs incurred (travel, accommodation, etc.).
For administrative reasons, a fee of €150 will be charged for cancellations received after 06 February 2012. There is no charge for qualified substitute participants.For EIPA's cancellation policy, please visit our website.
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.