The conference will be held in person and is organised by the Department of Law and the Observatoire Luxembourgeois de Droit Européen, with the support of the Fondation de la Fonction Publique.
Abstract:
What is known in French as an “établissement public” is a rather astonishing legal person under public law, with a variety of appearances. Known in many countries, it is part of a movement to dismember the administration of the State and the local authorities. In non-French-speaking countries neighboring the Grand Duchy, however, a different terminology is used: “Agentschappen” (BE/NL), “zelfstandige Bestuursorganen” (NL) and “Anstalten / Körperschaften des öffentlichen Rechts” (DE).
What is sometimes criticized as “terminological chaos” obviously corresponds to the different realities of the administrative and institutional landscapes of these States. However, this makes comparison difficult, because we first have to identify the points in common and what comparativists call the tertium comparationis. The entities under review are commonly referred to in English as “agencies” or “autonomous public bodies” (Stéphanie de Somer). The fact remains that this concept refers to different legal realities in different countries.
The phenomenon has intensified under the impact of European Union law. The latter requires that certain national bodies, which are involved in regulatory tasks and cooperate to this end with each other and with the institutions of the European Union, have a statute guaranteeing their independence. Typical examples are central banks, national competition authorities and market regulators.
In view of the many questions that remain in the Grand Duchy of Luxembourg concerning the legal regime of public autonomous bodies, a comparison with the solutions found under German, Belgian, Dutch, French and Italian law will provide for a range of well proven legal solutions that may, if necessary, inspire the legislator.
The conference is subdivided into two themed sessions, during which the speakers open the discussion in the form of a round-table exchange followed by a discussion with the audience.
Speakers:
Prof. Miriam Allena, Administrative Law at Bocconi University
Mr. Marc Besch, General secretary of the Conseil d’État du Luxembourg
Mr. François Biltgen, Judge at the ECJ, president of the 7th Chamber
Prof. Pierre-Olivier De Broux, State Advisor and Professor at UC Louvain, Saint-Louis Brussels
Mr. Rob De Greef, Lecturer in constitutional and administrative law at the Free University of Amsterdam
Prof. Jörg Gerkrath, Full professor at the University of Luxembourg
Prof. Herwig Hofmann, European and Transnational Public Law, University of Luxembourg
Prof. Ulrich Stelkens, Public Law and German and European Administrative Law at the German University of Administrative Sciences in Speyer
Ms. Reine Wakote, Senior Lecturer in Public Law at the University of Lorraine
Languages: French and English (translation will be available)
This is a free seminar. Registration is mandatory.
Read the full programme here.

