Does the right to an effective remedy and a fair trial have different effects in different areas of EU law? What is the role of national judges to ensure an effective judicial protection? Does the judge play a different role when defining effective, proportionate and dissuasive sanctions or remedies depending on whether the dispute involves consumer protection, non-discrimination, data protection, asylum seekers’ rights or the enforcement of the fundamental right to health? Does a horizontal and cross-sectoral dimension of the Charter of Fundamental Rights exist, enabling national courts to apply EU general principles across the board?

These are some of the main issues addressed by this workshop, due to be held in Coimbra on the 30th of September and the 1st of October, 2021. This workshop is placed at the crossroads between the sectoral programme and the horizontal one of the FRICoRe project. The training event will in fact be characterized by an intersectoral approach aimed at identified similarities and specificities when applying the EU Charter of Fundamental Rights and EU general principles in each of the project areas dealt with in previous Transnational Training Workshops, namely consumer protection, data protection, asylum and immigration, non-discrimination, health and fundamental rights. Three specific horizontal topics will be examined: (1) ex officio powers and duties of cooperation, (2) sanctions and remedies (3) collective redress. With regard to these topics, special attention will be devoted to transplants from one area (asylum) to other areas (consumer protection, data protection) within the EU case law (e.g. the duty of cooperation, just to name one, first enshrined in the field of asylum and immigration).

The event will be structured in three training sessions, each concerning one of the three horizontal subjects. Consistently with the usual project approach, plenary sessions will be combined with interactive sessions aimed at stimulating open discussion over practical cases.

Dedicated training materials based on judicial dialogue among European and national Courts around the subjects at issue will be provided in advance of the workshop.

The training event is intended for judges and lawyers from all over the EU.

 


 

Programme

Thursday, 30th September 2021 Day 1 – 12.00 - 19.00

12:00 – 12:30

Welcome Address and Introduction to the Workshop and its Materials

Sandra Passinhas – University of Coimbra, Coordinator of the Portuguese Team of the FRICoRe Project

Paola Iamiceli – University of Trento, Scientific Coordinator of the FRICoRe Project
João Calvão da Silva – University of Coimbra

12:30 – 13:30

Keynote Speech
“Effective judicial protection in times of multiple crises – the role of the European Court of Human Rights”

Justice Ana Maria Guerra Martins, Faculty of Law, University of Lisbon –European Court of Human Rights

13:30 – 14:00

Discussion

introduced by Paulo Mota Pinto, University of Coimbra, former Judge at the Constitutional Court, Portugal

14:00 – 15:30

Lunch break

15:30 – 17:00

ROUNDTABLE 1
Access to Justice and the Role of Courts Between the Duty of Cooperation and Ex Officio Powers 

Chair: Aurelia Colombi Ciacchi, University of Groningen 

Benedita Urbano - Administrative Supreme Court, Portugal
Diana Ungureanu - Court of Appeal of Pitesti, Romania
Mirosław Gdesz - Regional Administrative Court in Warsaw, Poland
Cristina Correale – Tribunal of Naples, Italy

17:00 – 17:15

Break

17:15 – 17:30

Introduction to the Hypothetical Session
Presentation of Hypothetical sessions’ methodology 

Chiara Angiolini, University of Trento, FRICoRe Research Fellow

17:30 – 18:45Hypothetical session in breakout rooms
18:45 – 19:00Sharing of results in plenary room
 

Dinner

 

Friday, 1st October 2021 Day 2 — 10.00 – 18.00

10:00 – 10:30

Introductory Speech
“The principle of sincere cooperation under Article 4 TEU; a case of ever-increasing obligations for Member State Courts?”

Angela Ward, Legal Secretary, Advocate General Evgeni Tanchev, Court of Justice of the European Union

10:30 – 10:45

Discussion

Introduced by Fabrizio Cafaggi, Italian Council of State, Coordinator of the FRICoRe Advisory Board

10:45 – 12:15

ROUNDTABLE 2
Effective, Proportionate, Dissuasive Sanctions and Remedies Across Different Areas of EU Law

Chair: Paola Iamiceli, University of Trento

Roman Wiatrowski - Supreme Administrative Court, Poland
Maria Perquilhas - Court of Appeal of Lisbon, Portugal
Amelia Onisor - Court of Appeal of Bucharest, Romania
Tina Jakupak - Commercial Court in Zagreb, Croatia 

12:15 – 13:30

Lunch Break

13:30 – 14:30Hypothetical session in breakout rooms
14:30 – 14:45Sharing of results in plenary room

14:45 – 15:00

Break

15:00 – 16:15

ROUNDTABLE 3
Access to Justice and Collective Redress

Chair: Mateusz Grochowski, Institute of Law Studies of the Polish Academy of Sciences

Suzana Tavares da Silva - Supreme Administrative Court, Portugal
Magdalena El-Hagin - Regional Court in Gdansk, Poland
Federica Casarosa - European University Institute, Italy

16:15 – 16:30

Lunch Break

16:30 – 17:45Hypothetical session in breakout rooms
17:45 – 18:00Sharing of results in plenary room