This Transnational Training Workshop will address effective protection against non-discrimination in the light of Articles 21 and 47 of the Charter of Fundamental Rights of the European Union. Specifically, the workshop is intended to enhance participants’ understanding of the meaning and scope of discrimination, when acting in a discriminatory manner may be justified under the Charter, and how effective protection from non-discrimination is ensured in the light of Article 47 of the Charter.

The workshop is structured in two sessions, which are each examined through the lens of effective protection: (1) The scope of direct and indirect discrimination; (2) The fundamental right to an effective remedy and a fair trial in the field of non-discrimination. The first session will cover issues related to the material scope of non-discrimination (such as the limited grounds of non-discrimination, the ‘comparability’ of situations) and the personal scope of Article 21 (i.e. its application to private, as well as state entities). The second session will explore the application of Article 47 of the Charter in the field at issue. Each session will consist of a roundtable followed by interactive hypothetical case discussions.

 

Please be informed that, due to the current developments in the health crisis in Europe, the workshop will be held exclusively in online mode.

Programme

Monday, November 2, 2020 Day 1 – 14.00 - 17.30

14:00 – 14:10

Welcome address and introduction to
the FRICoRe workshop on Non-discrimination

Paola Iamiceli, University of Trento, Coordination Unit of the FRICoRe Project

14:10 – 14:30

Presentation of the FRICoRe Casebook
“EU Fundamental Rights and Non-Discrimination: Effective Protection in the Light of Article 21 of the Charter”

Dr. Tobias Nowak, University of Groningen

14:30 – 14:50

Discussion from the audience introduced by Prof. Angela Ward

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

14:50 – 15:00

Break

 

FIRST SESSION
The scope of protection from direct and indirect discrimination under EU law

15:00 – 16:00

Roundtable with judges on
“The scope of protection from direct and indirect discrimination under EU law”

Chaired by Dr. Lottie Lane (University of Groningen)
and briefly concluded by Prof. Erica Howard (Middlesex University London).
Discussion from the audience.

Speakers:

  • Dr. Aglica Adamova, Supreme Administrative Court of Bulgaria
  • Dr. Antonio Scalera, Court of Appeal of Catanzaro, Italy
  • Dr. Mara Bottone, Lawyer - Law Firm in Genova, Italy and Warsaw, Poland

16:00 – 16:10

Break

16:10 – 16:20Presentation of Hypothetical sessions’ methodology.
16:20 – 17:20Hypothetical session in breakout rooms.
17:15 – 17:30Sharing of results in plenary room
by one reporter from each breakout room.

Tuesday, November 3, 2020 Day 2 — 09.00 – 12.30

 

SECOND SESSION
The fundamental right to an effective remedy and a fair trial in the field of non-discrimination

09:00 – 09:30

The Relation between Articles 18(1) TFEU and 21(2) of the Charter on Non-Discrimination on Grounds of Nationality in Extradition Cases

Bostjan Zalar, Administrative Court of the Republic of Slovenia – European Chapter of the International Association of Refugee and Migration Judges (IARMJ- Europe)
Concluding comments by Dr. Viola Bex-Reimert (University of Groningen)

09:30 – 11:00

Roundtable with judges on
“The fundamental right to an effective remedy and a fair trial in the field of non-discrimination”

Chaired by Prof. Paola Iamiceli (University of Trento)
Discussion from the audience.

Speakers:

  • Prof. Dr. Gerhard Kuras, Supreme Court of Austria
  • Dr. Francesco Perrone, Tribunal of Padua, Italy
  • Dr. Karolina Rubik-Schweinberger, Regional Court in Bedzin, Poland

11:00 – 11:10

Break

11:10 – 12:20Hypothetical session in breakout rooms
12:20 – 12:30Discussion in plenary room
 

Discussion Workshop

Judicial Governance and EU Non-Discrimination Law
Tuesday, November 3, 2020 — 13.25 – 17.00

13:25 – 13:30

Welcome words and Introduction

13:30 – 15:00

Article 21 of the Charter and the scope of application of EU law under Article 51
Prof. Angela Ward (Advocate General Evgeni Tanchev, Court of Justice of the European Union)

Race discrimination and religion or belief discrimination: two divergent approaches?
Prof. Erica Howard (Middlesex University London)

Article 21 of the Charter and sexual orientation discrimination:
Why it should have been cited in Coman & Hamilton but should not be invoked in private-sector cases

Prof. Robert Wintemute (King’s College London)

Discussion

15:00 – 15:15

Break

15:15 – 16:45

Non-discrimination based on sex or sexual orientation: a review of Spanish case law
Prof. Maria Elena Sanchez Jordan (University La Laguna, Spain)

De Graffenreid Moments? ‐ EU judges and intersectionality
Prof. Dagmar Schiek (Queen University Belfast)

Legislative and judicial governance of LGBT rights in the European Union
Dr. Ulad Belavusau (Asser Institute, The Hague)

Discussion

16:45 – 17:00

Concluding remarks

Dr. Lottie Lane, University of Groningen