PROJECT NUMBER: 1255401
The Preliminary Rulings Procedure in Practice
17-18/Oct/2012 • Luxembourg
The seminar targets members of national courts and tribunals (magistrates, judges, court clerks, etc.) who may participate in the procedure as referring party, as well as legal officials and agents from Member States and European Union institutions, who may take part by presenting their observations. It is also aimed at lawyers, academics, other practitioners, experts and interested actors, who wish to update their knowledge on the preliminary ruling procedure and obtain a comprehensive overview.
The Court of Justice of the European Union cooperates with all the courts of the Member States, which are the ordinary courts in matters of European Union law. To ensure the effective and uniform application of European Union norms and to prevent divergent interpretations, the national courts may, and sometimes must, refer to the Court of Justice of the European Union and ask it to clarify the meaning or to review the validity of an act of European Union law which is of relevance to the case on which they need to adjudicate.
This procedure, specific to the European Union, has often been defined as a “dialogue between judges”, and has contributed to the creation and articulation of a true European Judicial Space. Against this backdrop, this seminar will offer a practical analysis of this procedure, highlighting its particularities in order to provide those who are called to participate in it with a thorough understanding of the procedure’s workings.
Presentations, workshops and case studies. All sessions will include question and answer sessions and the possibility to exchange experiences.
The objective of this seminar is to provide a practical guide on the use of the preliminary ruling procedure to those who initiate and/or intervene in it (members of referring courts and tribunals, legal agents of intervening parties in the proceedings, etc.). This seminar will review matters such as the role of the Court of Justice of the European Union in the procedure; the typology of references; the decision by national courts or tribunals to submit a question to the Court (is it appropriate to make a reference or not?); the stage at which to submit the question and the form of the reference; the different phases in the procedure; the actors that participate in it (parties and interveners); and the value and legal consequences ensuing from the Court of Justice’s response. Particular attention will be paid to the urgent preliminary ruling procedure and its specific procedural features.
Wednesday 17 October 2012
Welcome and introduction to the seminar
Juan Diego Ramírez-Cárdenas Díaz, Senior Lecturer,European Centre for Judges and Lawyers, EIPA
Purpose and content of the Preliminary Ruling Procedure:
• The Preliminary Ruling Procedure, a “dialogue between judges”
• Jurisdiction of the Court of Justice of the European Union and typology of references
• Interpretation of the EU treaties and EU acts
• Exclusive jurisdiction to declare EU acts invalid
Ludovic Bernardeau, Chambers of Judge Ingrida LABUCKA, General Court of the European Union Senior Lecturer at the University Paris 10
National courts and tribunals in the Preliminary Ruling Procedure:
• The originator of the procedure – who can submit a reference to the Court of Justice?
• The possibility or duty of national courts or tribunals to refer
• Consequences of the failure to comply with the duty to refer
To be confirmed
Practical guidance to national courts and tribunals when making a reference for a Preliminary Ruling (I):
• The decision to submit a reference to the Court of Justice – when is it appropriate/necessary to make the reference or not?
• At which stage of the national procedure to submit the reference for a preliminary ruling?
• The effects of the reference for a preliminary ruling on the national proceedings
To be confirmed
Practical guidance to national courts and tribunals when making a reference for a Preliminary Ruling (II): workshop
In this session, participants will review a number of examples of references of national courts or tribunals, in order to clarify the following points:
• The form of the reference for a Preliminary Ruling
• Relevant information which the order for reference should contain
• The prerogatives of the Court of Justice in relation to the referred questions (admissibility, dismissal, completion, partial response, transformation of a reference for interpretation in a question of validity)
The main reasons, role and practicalities of taking part in the Preliminary Ruling Procedure:
• Litigants before the national court
• EU Member States
• Commission and other institutions, bodies, offices or agencies of the Union
• EEA States, EFTA Supervisory Authority or non-Member States
Esmeralda Balode-Buraka, Associate Lawyer, bnt Klauberg Krauklis, Attorneys at law, Former agent of the Latvian Government, former Director of the European Court of Justice Department, Ministry of Justice, Riga
Thursday 18 October 2012
The proceedings in the Preliminary Ruling Procedure (I): the written phase
• Purpose and conduct of the written procedure
• The lodgement of the order for reference
• Submission of written observations
• Procedural time limits
• Practical advice to referring jurisdictions and to parties
Alessandra Impellizzeri, Administrator, Registry, Court of Justice of the European Union, Luxembourg
The proceedings in the Preliminary Ruling Procedure (II): the oral phase
• Purpose and conduct of the oral procedure
• Oral submissions
• Simultaneous interpretation
• Practical advice to parties
Klaus Malacek, Administrator, Registry, Court of Justice of the European Union, Luxembourg
The Accelerated Procedure and the Urgent Preliminary Reference Procedure (PPU)
• Policy areas which can be subject to the PPU
• Conditions for the application of the PPU
• When may a national court or tribunal request the application of the PPU?
• Specific procedural modalities of the PPU
Caroline Naome, Legal Secretary, Chambers of Judge Allan Rosas, Court of Justice of the European Union, Luxembourg
The effect of the judgement in the Preliminary Ruling Procedure
• Scope of the responses (effects of the judgement vis-à-vis the referring national jurisdiction, other national jurisdictions, EU institutions and Member State authorities)
• Retroactive effect of the responses
The Preliminary Ruling Procedure: workshop
(In this session participants will have the opportunity to work with different case studies that deal with the fundamental elements and phases of the procedure presented during the seminar and will analyse the Court of Justice’s decision to each case)
Juan Diego Ramírez-Cárdenas Díaz
The future of the Preliminary Ruling Procedure: overview of proposals for its potential reform
Juan Diego Ramírez-Cárdenas Díaz
End of the seminar
European Centre for Judges and Lawyers
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The fee applicable to each activity is clearly indicated on the registration form. Unless stated differently 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.
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EIPA’s Civil Servants Special Discount
EIPA offers its members a discount of 10% off the registration fee for certain seminars and training courses. This discount is available to all civil servants working for one of EIPA’s member countries and for officials working in the EU institutions.For details, please click here.
For this seminar, EIPA Luxembourg offers a €50 discount for all registrations received and paid before 03 September 2012.
Please note that discounts cannot be accumulated.
Confirmation of registration will be forwarded to participants on receipt of the completed registration form.
EIPA reserves the right to cancel the seminar up to two weeks before the seminar starting date. In that case, registration fees received 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 by 3 October 2012. There is no charge for qualified substitute participants.
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.