As European integration deepens, and the number of cases decided by the Court of Justice of the European Union (CJEU) increases, so does the number of politically sensitive cases that reach this jurisdiction. In recent years, we have witnessed litigation that relates to the core of European democracies, as well as to the conduct of foreign affairs both by Member States and by the European Union. What is the role of courts in these cases? Are there topics that cannot or should not be subject to judicial review? Who and how should decide the answer to these questions? These are not only important practical questions for institutions, litigants, and citizens. They have theoretical repercussions for the organisation of power in a system based on constitutionalism, as they relate to the separation, and balance, of powers.
The LCEL sets out to discuss this exciting topic with distinguished speakers from the Court and from academia.
This event consists of a panel discussion that tackles the issues from a theoretical perspective as well as how political questions are dealt with in the case law of the Court.
The registration is closed.
Programme
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14.00 – 14.15
Registration
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14.15 – 14.30
Welcome Words
Prof. Takis Tridimas (Luxembourg Centre for European Law) -
Chair:
Advocate General Tamara Capeta (CJEU)
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14.30 – 14.50
An Introduction to Politically Sensitive Questions before EU Courts
Dr Gian Marco Galletti (CJEU) -
14.50 – 15.10
A Thematic Journey Through Political Questions before EU Courts in the Area of Common Foreign and Security Policy
Dr Luigi Lonardo (University College Cork) -
15.10 – 15.30
Elections to the European Parliament and the Principle of sincere Cooperation
Prof. Jacques Ziller (Paris 1 Panthéon-Sorbonne & University of Pavia) (online presentation) -
15.30 – 15.50
Avoidance by Engagement: The CJEU’s Use of International Law in Politically Sensitive Disputes
Prof. Jed Odermatt (City St George’s, University of London) -
15.50 – 16.10
The Principle of Consistency: Just a Political Principle?
Prof. Sara Poli (University of Pisa) (online presentation) -
16.10 – 16.30
Closing Remarks
Prof. Takis Tridimas (Luxembourg Centre for European Law) -
16.30 – 17.00
Cocktail Reception