Fundamental Rights and Migration to the EU – From Rhetoric to Action ?

20141110_143731The Annual Fundamental Rights Conference of the European Union Agency for Fundamental Rights took place last week in Rome. This year’s conference focused on Fundamental Rights and Migration to the EU. The Annual Conference has again opened and highlighted problems of the ineffective national frameworks for the protections of rights of migrants to the EU. Laura Boldrini, President of the Italian Chamber of Deputies, for instance, noted that »politics has immense responsibility« and argued for »stronger European instruments« to prevent deaths in the Mediterranean. Smaller Eastern and Southern European states are faced with immense burden due to high influx of migrants, whereas the current EU of framework for refugee protections is almost non-existent or to say at least non-efficient. However, it is feared that words will be left again without accompanying actions. Lot of urges and calls have been heard. However, not much is expected to change as politicians, particularly from the Northern European States, have to fulfill wishes of their electorate. The FRA Director, Morten Kjaerum, therefore, observed that »no other topic more important in human rights protection in EU«. He argued that »we cannot ask small states and regions to take large burden« and that »common reception centers and more effective system of relocation could be established across EU”. A move from rhetoric to action is desperately required to prevent further deaths in the Mediterranean.

2014 LegArg Conference Program

We have previously noted  the call for papers for the 2014 Legal Theory and Legal Philosophy Conference on “Legal and Philosophical Challenges of Transnational Law« to take place between 21-22 November 2014 at Bled. Organizers have now published conference program.

Call for papers on “Whistleblowing and human rights”

The Research Center on Fundamental Rights (CREDOF), and the National Consultative Commission on Human Rights (CNCDH) have, in collaboration with Transparency international France (TIF), published call for papers for conference on “Whistleblowing and human rights”, that will take place in Paris (Sorbonne) on 10 April 2015. Deadline for submissions is set for 30 November 2014.

Call for Papers – 6th Annual Conference on Legal Theory, Philosophy and Argumentation

6th Annual Conference on Legal Theory, Philosophy and Argumentation on »Legal and Philosophical Challenges of Transnational Law«, Bled, Slovenia, 21. – 22. November 2014

The conference is organized by the Graduate School of Government and European Studies in co-operation with the European Faculty of Law and with the generous support of the Slovenian Research Agency.The overall theme of this year’s conference is “Legal and Philosophical Challenges of Transnational Law«, which is to be analyzed through a variety of substantive andmethodological lenses, including: legal theory, legal argumentation, legal philosophy and political philosophy, international law, human rights and ethics.

The conference will thus consist of four panels, dedicated to legal theory and legal philosophy; legal argumentation; international law and ethics. A special panel will be reserved for PhD researchers and researchers at an early stage of their career.The organizers would like to invite interested contributors to send short abstracts (up to 250 words) falling within the above theme, addressing in particular, but not exclusively, the following questions:

– What is transnational law?

– Who are its actors and how is their legal accountability ensured?

– How does transnational law relate to traditional state law?

– How does transnational law impact on the canonical standards of legal argumentation?

– What are the specific ethical challenges of transnational law and how should they beaddressed?

The abstracts should be sent to matej.avbelj@fds.si by August 31, 2014. The selected contributors will be notified by September 15, 2014. The organizers will cover up to two nights of accommodation in the Hotel Jelovica, Bled, where the conference is going to take place.

Organizing Committee:

Matej Avbelj, Graduate School of Government and European Studies

Jernej Letnar Černič, Graduate School of Government and European Studies

Vojko Strahovnik, European Faculty of Law

Marko Novak, School of Advanced Social Studies

Conference on Central and Eastern European Judges under the EU Influence

College of Europe and European University Institute will be on 12 and 13 May 2014 holding conference on “Central and Eastern European Judges under the EU Influence: The Transformative Power of Europe Revised on the 10th Anniversary of the Enlargement”. The conference aims to answer the following questions :

What has been the “transformative power” of EU law on the reasoning and ideologies of Central European countries’ judiciary? What has been the impact of EU membership on their institutions? How can we explain the radical change of approach of some initially “Euro-friendly” Constitutional Courts that in recent times have questioned the constitutionality of EU acts and even a judgement of the ECJ? What are the cultural and political reasons of the backsliding on rule of law and constitutional guarantees in some of the Central and Eastern European countries following the accession?

The programme of the conference is as follows :

Monday, 12th
May 2014
SALA EUROPA, VILLA SCHIFANOIA
9.00 Arrival and Registration of participants
9.30 Welcome and Introduction
Loïc Azoulai, Director of the Centre for Judicial Cooperation, European University Institute
Michal Bobek, College d’Europe
10.00 Stream 1: Judicial Reasoning and Judicial Ideology – Chair: Loïc Azoulai
Short presentations by
Peter Cserne – Formalism and Policy Arguments in Judicial Reasoning: Is Central Europe a Special Case?
Jan Zobec and Jernej Letnar Černič – The Remains of the Authoritarian Mentality within the Slovene Judiciary
Marcin Matczak, Matyas Bencze and Zdeněk Kühn – EU law and CEE judges. Administrative judiciaries in the Czech Republic, Hungary and Poland ten years after the Accession
Rafał Mańko – The Impact of EU Membership upon Private Law Adjudication in Poland: A Case Study on Unfair Terms in Consumer Contracts
10.40 Comments by Boštjan Zalar and Erhard Blankenburg
11.15 Coffee break
11.30 General Discussion
12.00 Stream 2: Structural and Institutional Changes – Chair: Matej Avbejl
Short presentations by Sinisa Rodin – Dumb and no More Here
Marton Varju and Andras Kovacs – The impossibility of being a European and a national judge at the same time: a Central and Eastern European experience
Nina Poltorak – Changes in the level of the national judicial protection under the EU influence on the example of Polish legal system
Alexander Kornezov – When David Teaches EU Law to Goliath – A Generational Upheaval in the Making in the Bulgarian Judiciary
Aleš Galič – Aversion Against a Judicial Discretion in Civil Proceedings in Post-communist Countries: Can the Influence of the EU Law Change It?
13.00 Lunch
14.20 Stream 2: Structural and Institutional Changes (continued)
Comments by Mirosław Wyrzykowski and Tudorel Stefan
14.40 General Discussion
15.15 Coffee break
15.30 Stream 3: Constitutional Courts and Constitutional Justice – Chair: Wojciech Sadurski
Short presentations by
Tomasz Tadeusz Koncewicz – Polish Constitutional Court and the comity of circumspect
constitutional courts: The Court of old closures or new openings?
Jiří Přibán – Constitutional Sovereignty and Jurisprudence of the Czech Constitutional Court
Allan Tatham – “Keeping the Faith”: The Trials and Tribulations of the Hungarian Constitutional Court in following its European Vocation
Aleksandra Kustra – When the language you speak is not your mother-tongue: Confusions in CE Constitutional Courts’ application of legal concepts concerning EU Membership
Pola Cebulak – From a «teacher-student» relationship to a «student-student» dynamic? The Central and Eastern European «block » of Constitutional Courts in European Judicial Politics
16.30 Comments by Marek Safjan
16.50 General Discussion
17.30 End of Day 1
Tuesday, 13th
May 2014
SALA EUROPA, VILLA SCHIFANOIA
9.30 Stream 4: Backsliding and the Rule of Law – Chair: Inge Govaere
Short presentations by
Kim Lane Sheppele – Constitutional coups and judicial review: how transnational institutions can strengthen peak courts at times of crisis (with special reference to Hungary)
Petra Gyöngyi – Constitutional constraints and possibilities and the role of the European Union in guiding judicial reforms in Hungary and Romania
Uladzislau Belavusau – Challenging Authoritarism: EU Transformative Power in Central & Eastern Europe?
Martin Mendelski – Pathologies of rule of law promotion: The uneven impact of the EU on de jure and de facto rule of law development in Central and Eastern Europe
10.15 Comments by Hannes Kraemer and Jenö Czuczai
10.50 Coffee break
11.10 General Discussion
11.40 Conclusions
Of Light, Darkness, and the White Man`s Burden
Michal Bobek