ACA-Europe

e-News 2016/1

Editorial

Photo: credit Raphaël Dautigny

Photo: credit Raphaël Dautigny

Dear readers,

On 13 November 2015, barbarism struck France and, through it, its universal principles of liberty, equality and fraternity. It is not only France, its people and its representatives who have been targeted by terrorist attacks. It is, as in January (2015), the fundamental rights of individuals, the whole of humanity and the very idea of civilization, which are at the heart of the constitutions of member States of the European Union and the Union itself.

In response to these attacks, European democracies as well as those from around the world have come together in a magnificent show of solidarity and unity. They have strongly expressed their rejection of terror and their determination to fight it. No violence, no obscurantism should be allowed to get the better of our principles, which we need to defend with all the weapons of the state of law.

This determination has resulted and will continue to result, at European and global levels, in increased collaboration in the fight against organised crime and terrorism. This is a cross-border, dynamic and surreptitious threat and we require joint initiatives that are tailored, scalable and anticipatory to counter it. These initiatives probably require States as well as the Union to contribute innovative tools of prevention, protection and punishment, in accordance with the principles of the state of law, with a concern for practicality and efficiency.

In this perspective, the adaptation of national and European laws and their practical application conditions constitute for the European community of lawyers and judges - including the Councils of State and supreme administrative courts of the European Union - an essential and urgent matter of deliberation and exchange.

Jean-Marc Sauvé

Vice President of the Council of State

Seminar/Colloquium

On October 22nd & 23rd, a seminar was organized by the Supreme Administrative Court of Finland in collaboration with ACA-Europe in Helsinki. Central topic of all discussions was recent case-law of the Court of Justice of the European Union and of the (Supreme) Administrative Courts in public procurement litigation. The seminar was attended by 21 member courts, one observer and one guest court. The European Commission was represented by a legal officer from the DG for Internal Market, Industry, Entrepreneurship and SMEs.

For the first time since the establishment of the seminars, a satisfaction survey was handed out to the participants. Results have been reported to the Board meeting on November 2, 2015. The vast majority of participants brought very positive notes on his organization and has proposed a series of subjects likely to be addressed during the upcoming seminars. The litigation of refugees and the status of the administrative judge are among the privileged themes. The satisfaction survey also showed that some activities of ACA-Europe should receive more publicity.

Jurifast

Netherlands - Raad van State

judgment of the Raad van State (NL) No. V2-1-201401560 of June 16, 2015 relating to the status of 'unwanted person' within the meaning of article 1, F, a), the Geneva Convention relating to the status of refugees.

http://www.aca-europe.eu/index.php/en/jurifast-en?ID=2582

EU - Court of Justice

judgment of the Court of Justice EU C-301/14 of 3 December 2015 on reference for a preliminary ruling from the Bundesverwaltungsgericht (D) concerning the transport of stray dogs from one Member State to another organized by an animal protection association of public utility and the notion of "economic activity" within the meaning of article 1, paragraph 5, of the regulation 1/2005 of 22 December 2004.

http://www.aca-europe.eu/index.php/en/jurifast-en?ID=2555

France - Conseil d’État

judgment of the Council of State of France of 28 may 2014 after the ECJ decision, relating to state aid for wind turbines.

http://www.aca-europe.eu/index.php/en/jurifast-en?ID=1537

As a reminder, the Jurifast RSS feed can be obtained at the following address: http://www.aca-europe.eu/index.php/en/jurifast-en (possibility to subscribe to an RSS feed).

Forum

Ever since the General Assembly of Brno in May 2015, there has been an obvious increase in activity on the Forum of ACA-Europe. More than 20 countries participate on the Forum and the average response has doubled, there are up to 8 answers per question. The Forum is really becoming an area where sources of information on the case-law may be exchanged.

If it has not yet been done, be sure to register at the following address: http://www.aca-europe.eu/forum/

Tour of Europe

The tour of Europe presents an analysis, by means of 76 questions, systems of administrative organisation in the EU Member States and Turkey. In 2014, it was subject to a partial update which continued in 2015. Today, 16 institutions have responded to this update. This analysis and these updates are available on the website of ACA.

Those who have not yet replied to the request to update their data of the tour of Europe are invited to report any changes in their country as soon as these amendments have entered into force, without waiting for the General Secretariat upon request.

Contact address: anne-catherine.vangeersdaele@aca-europe.eu

Library — call for contributions

The library of European administrative law, which was recently launched, is a treasure of our website yet unknown. It includes legal documents carefully selected in the field of EU law, such as the effectiveness of justice or the integrated analysis of the hierarchy of norms in the various Member States.

Until now, these documents were mainly from the various seminars and symposia of the ACA-Europe, but gradually other sources are added to the library. Among the texts recently added one finds particularly interesting contributions such as from the Vice-President of the Council of State of France, Mr Jean-Marc Sauvé, on questions of sovereignty and subsidiarity.

Ultimately, the purpose of Library is to centralise and thus to make available all outstanding legal contributions published in different Member States and covering the following areas:

  • the hierarchy of norms and European law;
  • the EU administrative law;
  • the rule of law;
  • the effectiveness of the administrative justice;
  • economic regulation in the EU;
  • comparative procedural law.

In order to develop this library we are counting on your cooperation. Send us the most interesting legal contributions, sources (yourself, your Court, academics, etc.) and the language (French, English or in your national language. In the latter case, please enclose a short summary in English or French and specify the classification). Make sure before sending that the author of the text in question, and, whenever relevant, the publisher, have agreed to it being published on the website of ACA.

The documents may be sent in word or pdf format to the following address: geert.debersaques@aca-europe.eu .

Thank you in advance!

Judge Exchanges

As every year, the ACA has enabled 12 judges to do an internship during 12 days in one of our member institutions. For the first time this year, 4 judges were able to do this work placement at the Court of Justice of the European Union. These reports are available on the website of the Association. For the year 2016, the first proposals for traineeships have reached the Secretariat General. These offers will be sent to all member institutions in February 2016 at the latest in order to initiate the call for applications of judges.

Contact address: anne-catherine.vangeersdaele@aca-europe.eu

Member News

Luxembourg – 8 October 2015

Following the partial replacement of the Members of the Court of Justice, Mr Koen Lenaerts has been elected by his peers to serve as President of the Court of Justice of the European Union for the period from 8 October 2015 to 6 October 2018. He succeeds Mr Vassilios Skouris following the end of the latter’s term of office. More details about Mr Lenaerts and his curriculum vitae to be found here.

Luxembourg - 1 November 2015

Since November 1, Mr Francis Delaporte is the new President of the Administrative Court of Luxembourg. He succeeds Mr Georges Ravarani who is elected Judge at the European Court of Human Rights in Strasbourg.

Greece - 1 November 2015

Mr Nikolaos Sakellariou has been appointed President of the Council of State of Greece by the Council of Ministers. He succeeds Mr Rizos, who has retired.

Italy - 1 November 2015

Alessandro Pajno is the new President of the Council of State of Italy. He succeeds Giorgio Giovannini who has retired.

ACA News

Czech Republic - 2 November 2015

The Board of ACA-Europe met in Prague last November 2nd under the chairmanship of Mr. J. BAXA, President of the Supreme Administrative Court of the Czech Republic. The meeting was mainly devoted to the financial overview 2015 and the 2016 budget. The programme of activities for 2016 and the financing of ACA-Europe for years to come were also discussed.

Budget 2015 and 2016

November 12, 2015, the general Secretariat of the ACA filed with the European Commission services the request for a subvention for the year 2016. This application is part of the partnership in may 2015 with the European Commission for a period of three years.

According to information in the possession of the general Secretariat, a policy decision should be taken in December 2015 and an annual agreement signed in February 2016.

The total amount of the budget for the year 2016 is expected to reach EUR 451,000.

In this issue

Editorial

Seminar

Jurifast

Forum

Tour of Europe

Library

Judge Exchanges

Member News

Analysis

ACA News

Agenda

21 & 22 April 2016

 

Seminar Vilnius, Lithuania

29-31 May 2016

 

Colloquium Prague, Czech Republic

Analysis

On Wednesday, October 7th, 2015, a second meeting of the working group on the topic of the “Access to supreme administrative courts and to their decisions” was held at the Belgian Council of State in Brussels. The working group was comprised of Ms. Mylène BERNABEU, Mr. Jacek CHLEBNY, Mr. Frank CLARKE, Mr. Geert DEBERSAQUES, Mr. Ales ROSTOČIL, Mr. Manuel VICENTE GARZÓN HERRERO et Mr. Joris CASNEUF.

A questionnaire was drafted at this occasion. This questionnaire is based on the contributions that the participants of the working group had prepared on the topics that had been assigned to them on the previous meeting of the group, on June, 23rd, 2015.

The questionnaire was distributed among the members of the Association on November 9th, 2015. The deadline for participation in the study was Monday, November 30th, 2015. The results were discussed on the meeting that took place on December 8th, 2015 and preliminary conclusions were drafted. More details will follow.

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On the break of a new year, we thank you for your confidence and good cooperation. The General Secretariat wishes you all the best for 2016!
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This publication has been realized with the financial support of the European Union.