SEMINAR FOR JUDGES, PROSECUTORS AND LEGAL PRACTITIONERS INCLUDING A WORKSHOP WITH A FOCUS ON CRIMINAL JUSTICE IN THE EU

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1 era.int/charter Academy of European Law THE CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION IN PRACTICE SEMINAR FOR JUDGES, PROSECUTORS AND LEGAL PRACTITIONERS INCLUDING A WORKSHOP WITH A FOCUS ON CRIMINAL JUSTICE IN THE EU Riga, February 2014 Latvian Judical Training Centre Mārstaļu street Riga, Latvia Language: English Event number: 414DT15

2 Thursday, 20 February 2014 MORNING SESSION 08:30 09:00 09:15 10:15 10:30 11:00 11:45 12:30 12:45 Arrival and registration of participants Opening of the seminar The role of the Charter within the EU legal framework and its relevance for the national legal order The Charter s legal nature and the legal value attributed to it (Art. 6(2) TEU) The role fulfilled by the Charter within the human rights protection regime of the EU The system of judicial remedies within the EU for violations of fundamental rights The relevance of the Charter for the lawyer within the Member States Adam BODNAR Discussion Coffee break Introductory overview of key underlying, cross-cutting principles of the Charter: personal dignity, fundamental freedoms and equality (Titles I, II and III) Filippo FONTANELLI Relying on the Charter in a national court: the application, scope and interpretation of the Charter in domestic legal proceedings The requirement on national authorities to have due regard for the Charter Asserting Charter rights before a national court The potential for (vertical and/or horizontal) direct effect of Charter rights The limits and extent of the scope of the rights guaranteed (Title VII) Status of explanatory remarks referred to in the Charter Jo SHAW Discussion Lunch

3 AFTERNOON SESSION 14:00 15:30 16:00 16:45 17:00 17:30 19:00 Case studies (interactive exercise) on the scope and the applicability of the Charter (presenting short cases and carrying out group analysis) Jo SHAW Coffee break Further substantive rights guaranteed by the Charter: focus on rights particularly relevant in a criminal law context: Rights relating to situations involving issues of criminal justice Right to an effective remedy and a fair trial (Art. 47) Presumption of innocence and defence rights (Art. 48) Rule against double jeopardy (Art. 50) Alex TINSLEY Discussion Preparations for a workshop: presenting the case and analysing the case dossier Alex TINSLEY End of the first seminar day Seminar dinner

4 Friday, 21 February 2014 MORNING SESSION 09:30 11:30 12:00 13:00 13:15 Workshop on substantive application of selected Charter provisions: practical case study in groups (analysing and discussing the case in working groups, presentation of the results and common discussion on the results) Alex TINSLEY Coffee break Relationship of the Charter to the European Convention of Human Rights and national human rights provisions Challenge of competing legal orders ostensibly aiming at ensuring the protection of fundamental rights Role of the accession of the EU to the ECHR its impact on the application of the Charter Judicial remedies in fundamental rights cases post EU accession to the ECHR Filippo FONTANELLI Discussion End of the seminar Contact Karolina Rokicka Head of Section Tel Killian O Brien Course Director Tel KOBrien@era.int

5 Speakers Adam BODNAR, Head of Legal Division of the Helsinki Foundation, Assistant Professor, University of Warsaw Filippo FONTANELLI, Lecturer in Law, University of Surrey Jo SHAW, Salvesen Chair of European Institutions, Director of the Institute for Advanced Studies in the Humanities, College of Humanities and Social Science, University of Edinburgh Alex TINSLEY, Law Reform Officer, Fair Trials International, London Project partners Barcelona Bar Association, Barcelona Conseil d Etat, Paris Faculty of Advocates, Edinburgh Fair Trials International, London Judicial Training Centre, Ministry of Justice and Public Administration of the Republic of Slovenia, Ljubljana Latvian Judical Training Centre, Riga The National Institute of Magistracy, Bucharest The Polish National School of Judiciary and Public Prosecution, Krakow This seminar is part of a series of seminars organised with the financial support of the Specific Programme Fundamental Rights and Citizenship of the European Commission.

6 Calendar of events February - 1 March 2013 Barcelona Bar Association, Barcelona Target group: lawyers Languages: English, Spanish April 2013 The National Institute of Magistracy, Bucharest Target group: judges Languages: English, Romanian 3-4 June 2013 Faculty of Advocates, Edinburgh Target group: lawyers Language: English September 2013 The Polish National School of Judiciary and Public Prosecution, Krakow Target group: judges Languages: English, Polish November 2013 Conseil d Etat, Paris Target group: judges Languages: English, French February 2014 Latvian Judical Training Centre, Riga Target group: judges and lawyers Language: English 8-9 April 2014 Judicial Training Centre, Ministry of Justice and Public Administration of the Republic of Slovenia, Ljubljana Target group: judges Languages: German, Slovenian June 2014 Academy of European Law, Trier Target group: lawyers Language: German

7 Registration THE CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION IN PRACTICE Event no.: 414DT15/ns Riga, February 2014 ERA Postfach 1640 D Trier ERA Europäische Rechtsakademie Academy of European Law Académie de Droit Européen Accademia di Diritto Europeo Online registration: To register by fax: To register by post: ERA, Postfach 1640, D Trier IMPORTANT NOTICE! PLEASE NOTE THAT THERE IS A LIMITED NUMBER OF PLACES AVAILABLE AT THIS TRAINING SEMINAR. This seminar is open to judges and lawyers in private practice from all Member States of the EU, with priority being given to Latvia, Lithuania, Estonia, Denmark, Sweden and Finland. Judges should apply by contacting their national EJTN contact point. Lawyers should use this registration form. AS SUCH, PARTICIPANTS WILL BE INFORMED OF THEIR PARTICIPATION IN DUE COURSE. PENDING RECEIPT OF THIS CONFIRMATION, NO PARTICIPATION SHOULD BE INTERPRETED AS BEING CONFIRMED. Please update my address (see below) My address (above) is correct Please delete my address I would like to register for the ERA event The Charter of Fundamental Rights of the European Union in Practice on February Title Ms Mr Other First name Surname Company Tel. Department/Position Fax Street Postcode/City Country Background documentation: I would like online access to the background documentation one week before the event. Participation certificate: Please provide me with a participation certificate. Evening programme: I shall attend the function on 20 February 2014 (at no extra charge). Fees (see lawyers in private practice 90 EURO Method of payment Credit card number: Cardholder name: Expiry: Cheque Bank transfer Cheque number: I will transfer the registration fee to ERA s account at Deutsche Bundesbank Saarbrücken: IBAN: DE BIC: MARKDEF1590 (Within Germany) Account No.: BLZ: Please state your name and the event number on the bank transfer. I confirm my registration and accept the general terms and conditions ( Place, Date Signature

8 Academy of European Law Metzer Allee 4 D Trier Rue Belliard 159 B-1040 Brussels Tel Fax info@era.int Please visit Supported by the European Union specific programme Fundamental Rights and Citizenship JUST FRC-AG managed by Directorate-General for Justice of the European Commission. era.int/charter