organised by ELTE – in Budapest + online

Overview

The preliminary reference procedure is the primary tool for vertical judicial interaction within the EU, aiming to ensure the uniform interpretation and application of EU law and to provide effective judicial protection for individuals. When national judges deal with human rights cases, they have to look at various sources of law: national, European and international law. This task is particularly challenging for judges considering the high level of abstraction human rights are formulated, the debates around the applicability and hierarchy of these different sources, and regarding the similarities and dissimilarities in the normative concepts and standards of human rights protection put in place in national and European jurisdictions.

This workshop aims to provide guidance to judges on how to use the preliminary reference procedure to ensure a high level of human rights protection, in particular, to enforce the EU Charter and the common values of the EU enshrined in Article 2 TEU with the help of judicial dialogue between domestic and EU courts.

Also, the workshop seeks to reveal the dynamics of the CJEU’s jurisprudence in preliminary ruling cases, especially regarding the developments in the admissibility criteria, to equip judges with the skill of drafting a successful request for a preliminary ruling. It also addresses how courts and legal practitioners can work together under Article 267 TFEU procedure to defend human rights effectively.

Programme

17 October 2024
Keynote speeches
I.The role and function of the preliminary reference procedure
II. National judges and human rights protection in the context of the preliminary reference procedure

Roundtable discussion with judges from different jurisdictions: The challenges of the preliminary ruling procedure from national perspectives

Presentation of TRIIAL 2 Toolkit on Fundamental Rights and the Use of the Preliminary Reference Procedure
Hypothetical case I: Discussion in parallel working group sessions

Roundtable of legal practitioners: Preliminary reference as a tool for fundamental rights litigation

18 October 2024
How to refer questions to the CJEU?
I. Questions of jurisdiction and admissibility under Article 267 TFEU in the CJEU jurisprudence
II. Drafting a successful preliminary reference: practical guidance for judges

Hypothetical case II: Discussion in parallel working group sessions
Plenary discussion on the results and conclusion

Framework: This workshop is offered within the European Commission’s funded project TRIIAL 2 – TRust, Independence, Impartiality and Accountability of Legal professionals under the EU Charter (project no. 101089737, JUST-JTRA-EJTR-AG-2020). The TRIIAL 2 Project provides training activities and tools for judges, attorneys, and prosecutors on the European rule of law, mutual trust, judicial independence, impartiality and accountability (see the dedicated website here and here).

Target group

Public prosecutors, attorneys and judges from European Union (EU) countries. The training will be in English and opened to those with both basic and experienced knowledge of EU law and ECHR.
The Workshop will host 40 participants, of which 15 will be in person and 25 online.

Participation is free of charge.

For the 15 in-person participants, the travel, accommodation and meals at the venue are covered by the organizer.
Participants will be provided with certificates of participation.

Application

The deadline for the submission of applications is 20 August 2024.

Submit your application, including the documents mentioned below, to brezovszki.anna@ajk.elte.hu. You should mention in the title of your email whether you want to participate in-person or online.
Italian judges are invited to submit their applications to: internazionale@scuolamagistratura.it. For questions, please contact Gianandrea Chesi at: gianandrea.chesi@scuolamagistratura.it
Romanian attorneys are invited to submit their applications to: veronica.morecut@unbr.ro.

The following documents shall be attached to the application:

1. CV in English (including a section on proof of knowledge of English)
2. A short motivation letter (max 2 pages) outlining the candidate’s specific reasons for applying to a Workshop on Fundamental rights and the use of the preliminary procedure (please describe how your professional activity correlates to the workshop’s field of interest and how you could both benefit from and contribute to the Workshop in this field)

For questions regarding the Workshop and the project, contact: brezovszki.anna@ajk.elte.hu

Selection Procedure

The assessment of applications will be based on the following criteria:

1. Gender and age balanced;
2. Geographically balanced;
3. Balance in the judicial hierarchy: both higher and lower instance courts shall be represented among selected participants;
4. Trainers will have priority in selection (please refer to relevant training responsibilities in your CV);
5. Knowledge of and experience with fundamental rights and rule of law issues;
6. Good knowledge of English;
7. Single participation within the same Training Project (TRIIAL 2): in principle, no participant can take part in more than one Workshop among those offered within the TRIIAL 2 Project.

ELTE will select 40 legal practitioners. After the exhaustion of the 15 in person places, the remaining ones will be allocated to online participation.

For any information on the workshop or doubts concerning the call for application, please contact kovacs.agnes@tatk.elte.hu or somodyb@ajk.elte.hu.

Outcome of the Workshop

• You will receive a certificate of participation;
• You will be able to understand and explain the main legal issues relating to the European rule of law (the training’s “core”);
• to acquire the knowledge and the ability to refer questions to the CJEU for a preliminary ruling
• to become familiar with the CJEU standards concerning the admissibility of preliminary references
• to understand the different legal pathways in Europe to protect human rights
• to determine whether the Charter of Fundamental Rights of the EU is applicable in a certain case or not;
• to become part of a network of legal practitioners, activists, and scholars dealing with similar issues that could provide support for future questions.