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.
The content of this training event represents the view of the organizers and participants only and is under their sole responsibility. The European Commission does not accept any responsibility for use that be made of the information it contains.
This workshop is funded by the European Union's Justice Programme (2014-2020).
Programme
Monday, November 2, 2020 Day 1 – 14.00 - 17.30
14:00 – 14:10 | Welcome address and introduction to Paola Iamiceli, University of Trento, Coordination Unit of the FRICoRe Project |
14:10 – 14:30 | Presentation of the FRICoRe Casebook 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 | |
15:00 – 16:00 | Roundtable with judges on Chaired by Dr. Lottie Lane (University of Groningen) Speakers:
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16:00 – 16:10 | Break |
| 16:10 – 16:20 | Presentation of Hypothetical sessions’ methodology. |
| 16:20 – 17:20 | Hypothetical session in breakout rooms. |
| 17:15 – 17:30 | Sharing of results in plenary room by one reporter from each breakout room. |
Tuesday, November 3, 2020 Day 2 — 09.00 – 12.30
SECOND SESSION | |
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) |
09:30 – 11:00 | Roundtable with judges on Chaired by Prof. Paola Iamiceli (University of Trento) Speakers:
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11:00 – 11:10 | Break |
| 11:10 – 12:20 | Hypothetical session in breakout rooms |
| 12:20 – 12:30 | Discussion 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 Race discrimination and religion or belief discrimination: two divergent approaches? Article 21 of the Charter and sexual orientation discrimination: Discussion |
15:00 – 15:15 | Break |
15:15 – 16:45 | Non-discrimination based on sex or sexual orientation: a review of Spanish case law De Graffenreid Moments? ‐ EU judges and intersectionality Legislative and judicial governance of LGBT rights in the European Union Discussion |
| 16:45 – 17:00 | Concluding remarks Dr. Lottie Lane, University of Groningen |
