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 or 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 by the Member States and EU institutions, infringement proceedings, actions for annulment, damages actions
Learning methodology
The programme has been divided into two modules to offer participants flexibility in adapting the event to their needs. The tutorials will involve coaching by EIPA specialists and external experts for small groups of participants, allowing training’s individualisation. The workshops will put the knowledge gained by participants in a practical context to demonstrate the relevance and consequences of 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
MODULE 1: EU LEGAL SYSTEM, EU LAW IMPLEMENTATION AT EU LEVEL AND THE RELATIONSHIP BETWEEN THE EU LAW AND NATIONAL LAWS
Monday 25 February 2013
Welcome and introduction to the seminar
• Presentation of EIPA and the European Centre for Judges and Lawyers
• Presentation of the programme and speakers
Alina Domaradzka
Multiple-Choice Test
On the basis of questions formulated in a test, participants will pre-assess the level of their knowledge. Answers will be distributed at the end of the seminar for participants to review the information provided during the seminar and assess their learning progress.
Participants and Alina Domaradzka
The participants’ perception of the role of EU law in their work
• Individual presentation of participants
• The relevance of the tutorial’s subject to participants’ work and programme items of individual interest
Participants and Alina Domaradzka
EU LEGAL SYSTEM
European Union’s legal framework: Practical analysis of EU legal instruments
• Hierarchy of EU law sources: Instruments of primary and secondary law
• New categories of legal acts after Lisbon: legislative vs. non-legislative acts
• Binding vs. non-binding law (soft law)
• Role of unwritten sources of EU law (“general principles” and case-law)
Igor Dizdarevic
Procedural steps for the preparation of EU legislation and the choice of legal instruments
• Choice of legal basis for legal instruments and the principle of conferral
• Categories of EU competences after the Lisbon Treaty
• The new role of national Parliaments in the EU decision-making process after the Lisbon Treaty
• Principle of proportionality applying to the choice of legal instruments and the degree of regulation at EU level
Alina Domaradzka
Lunch
EU LAW IMPLEMENTATION AT EU LEVEL: COMITOLOGY
Comitology procedure after Lisbon
• Comitology procedure before and after the Lisbon Treaty
• 2011 Comitology Regulation and practical changes to the executive acts
• Advisory and examination committees after Lisbon
• New practise of the delegation of implementing powers to the European Commission
Diego Ramirez Cardenas Diaz
Recognising delegated and implementing acts: workshop with practical examples
Participants will be requested to recognise different EU legal instruments and their respective legal nature (delegated/ implementing act) as well as identify relevant provisions and contents determining duties and obligations upon those to whom these acts are addressed, deadlines or transposition periods
Diego Ramirez Cardenas Diaz
Reception
Tuesday 26 February 2013
EU DECISION-MAKING PROCESS
Procedures for the preparation and adoption of legal instruments at EU level (I)
• The role and powers of the EU institutions with respect to the preparation and adoption of EU law
• Decision-making rules and procedures adopted within different EU institutions
• Different types of Council working parties (formal, informal, regular, ad hoc, etc.)
• Role of Council’s preparatory bodies
• The relationship between the three institutions
• The role of presidency in preparing and chairing Council’s meetings
• Different legislative procedures after the Lisbon Treaty: The ordinary and special legislative procedures
• The interaction between different EU institutions and their powers with respect to different legislative procedures
Petra Jeney
Lunch
THE POSITION OF EU LAW IN RELATION TO NATIONAL LEGAL ORDERS
The nature and effect of EU law in its relation with national law
• Fundamental concepts governing the relationship between European law and the domestic law of Member States
• The principle of primacy, direct and indirect effect, state liability
Igor Dizdarevic
THE EU INTERNAL MARKET AND THE FUNDAMENTAL FREEDOMS
Introduction to free movement of persons and services
• Law on free movement of persons (including workers and self-employed persons) and services
• Direct/indirect discrimination
• Grounds of justification and proportionality principle
Tomasz Kramer
Free movement of persons and services: Case study
Following this short introductory presentation on the law on free movement of persons, participants will be asked to work in groups on a fictitious case. Playing a role of EU judges, participants will need to solve the case by assessing the elements of direct/indirect discrimination and potential grounds of justification.
Tomasz Kramer with participants
Multiple-Choice Test: Results & Discussion
End of Module 1
MODULE 2: CONSEQUENCES OF BREACHES OF EU LAW BY THE MEMBER STATES AND EU INSTITUTIONS AND OTHER BODIES
Wednesday 27 February 2013
LEGAL PROCEDURES TO GUARANTEE THE RESPECT OF EU LAW BY THE MEMBER STATES
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
LEGAL PROCEDURES TO GUARANTEE THE COMPLAINCE WITH EU LAW BY EU INSTITUTIONS AND OTHER BODIES
Actions for annulment and the objection of illegality after Lisbon
• Structure, organisation and functioning of the Court of Justice of the European Union
• Legal remedies or procedures which can be lodged by individuals to ensure full compliance with EU law by institutions and other EU bodies
NN
Actions for failure to act and actions for damages and money claims
NN
Evaluation of Module 2
End of the Tutorial
Seminar Venue
European Centre for Judges and Lawyers, EIPA Luxembourg
Building of the Chambre des Métiers, 4th Floor – Master Room (411)
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 €155. Tel.: +352 43 77-6851; fax: +352 43 9195; e-mail: H1930-RE2@accor.com; booking page (Client code: SC000002048 – Contract No 308506).
-Hotel Melia****, at the rate of €140. Tel.: +352 27 333-1; fax: + 352 27 333-999, e-mail: reservations.melia.luxembourg@solmelia.com ; www.melia-luxembourg.com.
-Hotel D’Coque***, Tel.: +352 43 6060-1; fax: +352 42 3315; e-mail: info@coque.lu; booking page.
City Centre
-Hotel Simoncini****, at the rate of €140. Tel.: +352 22 28 44; fax: +352 26 26 2900; e-mail: info@hotelsimoncini.lu; www.hotelsimoncini.lu (Reservation code: EIPA).
-Hotel Français***, at the rate of €120. Tel.: +352 47 4534; fax: +352 46 4274; e-mail: info@hotelfrancais.lu; www.hotelfrancais.lu (Reservation code: EIPA).
-Hotel Parc Plaza****, at the rate of €130, (Reservation Code EIPA).
-Hotel Parc Bellevue***, at the rate of €95, (Reservation Code EIPA). Tel.: +352 44 2323-2323; fax: +352 45 6141-220; e-mail: reservation@goeres-group.com; www.goeres-group.com
-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).
Railway Station Area
-Hotel Carlton****, at the rate of €110. Tel.: +352 29 9660; fax: +352 29 9664; e-mail: carlton@pt.lu; www.carlton.lu (Reservation code: EIPA).
-Hotel City****, at the rate of €115 (Monday to Thursday) and €96 (Friday to Sunday). Tel.: +352 29 1122; fax: +352 29 1133; e-mail: mail@cityhotel.lu; www.cityhotel.lu (Reservation code: EIPA).
Findel (Airport)
-NH Luxembourg***, at the rate of €125 (Monday to Thursday) and €101 (Friday to Sunday). Tel.: +352 34 8931-607; fax: +352 34 8931-9413; booking page.
Surroundings
-Hotel Légère Premium****, at the rate of €145. Tel.: +352 49 0006-507; fax: +352 49 0680; e-mail: luxembourg@legerehotels.com; www.legerehotels.com (incl. in the price: shuttle from Kirchberg to Hotel and from airport to Hotel, minibar with non alcohol drinks, internet and well fit).
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.
Discounts
EIPA’s Civil Servants Special Discount
EIPA offers its members a reduction of 10% of the registration fee. For details, please click here.
Other discounts
For this seminar, EIPA Luxembourg offers a €50 discount for all registrations received before 14 January 2013.
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 11 February 2013. 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.