Workshop: Mixity and the Court

This event is organised by the Vrije Universiteit Brussel and in collaboration with the Ghent European Law Institute and the Faculty of Law, Economics and Finance of the University of Luxembourg.

Abstract

As a result of the imperfect and incomplete conferral of competences to the European Union (EU), the EU of ten cannot act independently in its external relations. To conduct its foreign policy and external relations, the EU must then act together with, or through, its Member States, in a ‘mixed’ (EU-Member State) action. The mixed nature of their combined action may be manifest, in which case the involvement of both the EU and its Member States is formally expressed to the outside world (e.g. because both the EU and the Member States become parties to an agreement, because a position is expressed on behalf of both the EU and the Member States, etc.). Mixed action can also be blurred however, in which case the mixed nature of the action is not immediately apparent to the outside world. The constellations of such blurred mixed action vary from the Commission negotiating a mixed agreement on behalf of both the EU and its Member States to Member States acting following coordination with EU institutions or Member States being exceptionally authorized by the EU to exercise EU exclusive competences.
Both manifest and blurred mixed action in external relations raise several questions, including that of the degree to which the CJEU has jurisdiction over such mixed action. The workshop will identify the grounds f or and limits to the CJEU’s jurisdiction in the different constellations of mixed external action.

Language

English.

This is a free event. Registration is mandatory.

Programme

09.30 – 09.55

Welcome coffee & registration
09.55 – 10.00

Opening of the workshop

Merijn Chamon, Vrije Universiteit Brussel

I. Problem-setting: the CJEU’s jurisdiction

10.00 – 12.30
The Court’s jurisdiction in blurred and manifest mixity – a conceptual framework

Merijn Chamon, Vrije Universiteit Brussel

The Court’s entanglement of its own making

Inge Govaere, UGent & College of Europe

Mixed agreements – The test as it results from ÖBB

Tamara Ćapeta, Court of Justice of the European Union

Discussants:
- Christophe Giolito, Commission Legal Service
- Lucia Serena Rossi, Università di Bologna
- Christine Kaddous, Université de Genève
- Mielle Bulterman, Ministry of Foreign Affairs The Netherlands
12.30 – 13.30

Lunch

II. Hooks for the Court to seize jurisdiction

13.30 – 15.45
Jurisdiction and the principle of conferral: the scope of EU law vs the scope of EU competences (principle of conferral)

Isabelle Bosse-Platière, Université de Rennes

Jurisdiction and the principle of sincere cooperation

Eleftheria Neframi, Full professor, Faculty of Law, Economics and Finance, University of Luxembourg

Jurisdiction through the protection of fundamental rights: ramifications of KS & KD

Peter Van Elsuwege, UGent

Jurisdiction through safeguarding the autonomy of EU law: the Union interest in the Court claiming jurisdiction

Allan Rosas, Former Judge at the Court of Justice of the European Union

Discussants:
- Petra Mahnič, Council Legal Service
- Luca Prete, Court of Justice of the European Union
- Gesa Kübek, University of Groningen
- Marcus Klamert, Austrian Federal Chancellery & Universität Graz
15.45 – 16.15

Coffee break

III. Delimiting jurisdiction in a multilevel system

16.15 – 18.30
Jurisdiction and international comity between courts and tribunals

Enzo Cannizzaro, Università di Roma “La Sapienza”

Jurisdiction international dispute settlement

Isabelle Van Damme, Universität Bern

Jurisdiction and constitutional pluralism (national highest courts)

Joni Heliskoski, Supreme Administrative Court Finland

Discussants:
- Luca Visaggio, European Parliament
- Stanislas Adam, Court of Justice of the European Union
- Christophe Hillion, University of Oslo
- Jørgen Skjold, Ministry of Foreign Affairs Norway
19.00

Speakers’ dinner at Le Mess