ACA-Europe

e-News 2016/4

Editorial

Piet

Dear readers,

Traditionally the last weeks of the old year make people reflect on the past and plan for the future. With regard to ACA-Europe the past year has been a satisfying one. The financial situation took a turn for the better, several interesting symposia were organised and we had a memorable reception in Prague for the annual general assembly. The coming year seems to be as promising. We will have a number of interesting symposia; in March we meet in Ljubljana on administrative penalties, in May we meet in The Hague for our General Assembly as well as a seminar on the quality of legislation and in September we meet in Krakow on aspects of immigration law.

Though the year has been a satisfying one for ACA-Europe as an association, it has been a turbulent and a worrying year for what is our main purpose: upholding and enforcing the rule of law in Europe.  In a number of European states it is under increasing pressure. The most serious development is of course the reaction that has set in Turkey after the attempted coup in July. The removal of many of our judicial colleagues from their posts is incompatible with the principles of the rule of law and judicial independence. But sad to say, it is not the only country where these principles are infringed. In other countries it’s acts of terrorism or the threat of terror that are slowly sapping public support for the protection of freedom and rights, and of the rule of law. I think I speak for all of us in expressing my horror about the attack on a Christmas Market last Monday in Berlin, my sympathy with the German population and my support for our German and colleagues in other countries who are confronted with the public and political aftermath in the wake of these acts of terrorism.

In reflecting on the past maybe we should look back a bit further in time and be grateful for what has been achieved in the past half century with regard to the rule of law through judicial cooperation and legislative integration. Results that will never be secure without a firm purpose and constant effort. As we say in Dutch: “Trust comes on foot, but goes on horse”.

Reflections on the past often make us gloomy about the present, though there is still much to be satisfied or hopeful about. We should therefore hope for the best and labour to bring it about.  On this note I wish all of you all the best for the New Year, both professionally and privately.

Piet Hein Donner
President of ACA-Europe,
Vice President of the Council of State of the Netherlands

Seminar

The next ACA seminar will be held in Ljubljana on 23 and 24 March 2017 on administrative sanctions in European law. The deadline for registration and answers to the questionnaire is fixed on 6 February 2017.

Read more...

Jurifast

Decisions selected for you:

France - Conseil d'Etat

http://www.aca-europe.eu/index.php/en/jurifast-en?ID=2852

To know more: http://www.numerama.com/politique/151200-vtc-le-conseil-detat-retire-aux-taxis-le-monopole-de-la-maraude-electronique.html

Finland - Korkein Hallinto-Oikeus

http://www.aca-europe.eu/index.php/en/jurifast-en?ID=2796

Czech Republic - Nejvyšší správní soud

http://www.aca-europe.eu/index.php/en/jurifast-en?ID=2970

France - Conseil d'Etat

http://www.aca-europe.eu/index.php/en/jurifast-en?ID=2869

Remember, 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

The forum of ACA-Europe presently has 209 members from 37 institutions.

The following subjects have been recently discussed by the Council of State of France and the Supreme Administrative Court of Poland:

  • Personal data delisting on Internet
  • Judicial control of the citizen's right to complaint.

Six responses have already been provided to the second subject by Estonia, Germany, France, Ireland, Czech Republic and Latvia.

Access to the forum is reserved for the members of ACA-Europe, who can register for it at the following address: http://www.aca-europe.eu/forum/

Tour of Europe

The Europe tour presents an analysis of the organisational systems of the administrative justice in the Member States of the European Union as well as in Turkey through 76 questions. The member courts that are yet to update their data are asked to do so. The updates are being translated and will be uploaded on the association’s website at the beginning of 2017.

Modifications after the updating operation are also welcome and are to be notified to the General Secretariat.

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

Library

The library of administrative law of the European Union has recently received a new contribution presented by Bernard Stirn, President of the litigation section at the Council of State of France.

It is available in French and English on the Association’s website. It deals with the subject of the implementation of the “administrative loop”.

Each institution can certainly send articles related to the administrative law and the law of the European Union to the following address: eric.thibaut@aca-europe.eu.

Judge Exchange

Like every year, the ACA-Europe can have 12 judges from its member institutions complete a 12-day work experience placement at any other institution among them. These traineeships are concluded with a report written in French or English. The first 2016 reports have already been uploaded on the association’s website and, the new feature of this year is that these reports will be translated within the available budget. The first translations can already be viewed.

http://www.aca-europe.eu/index.php/en/exchanges

The 2017 procedure has just been launched, and the presidents of the member institutions have been invited to talk about the hosting possibilities of their jurisdiction before 31 December 2016. The General Secretariat will send the list of traineeship offers as soon as the 2017 grant is obtained.

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

ACA News

Collaboration with the European Commission

The Board agreed to a request of the European Commission with a view to identify the original jurisdictions of the Member States in charge of examining the appeals concerning public contracts.

In this issue

Editorial

Seminar

Jurifast

Forum

Tour of Europe

Library

Judge Exchange

Analysis

ACA News

Agenda

23 & 24 March 2017

 

Seminar in Ljubljana, Slovenia – Administrative penalties in administrative law

15 & 16 May 2017

 

Seminar and General Assembly in The Hague, The Netherlands – Better regulations

18-19 September 2017

 

Seminar in Krakow, Poland – Public order, national security and rights of the third country nationals in immigration and citizenship cases

Spring 2018

 

Seminar in Tartu, Estonia – Fair trial

Analysis

On Monday, December 12th, 2016, a third meeting of the working group on the topic of the “unification of administrative jurisprudence” was held at the Belgian Council of State in Brussels. The working group was comprised of Ms. Mylène Bernabeu, Mr. Carsten Günther, Mr. Jacek Chlebny, Mr. Frank Clarke, Mr. Auke Kuipers, Mr. Ales Rostočil, Ms. Viola van Dijk, Mr. Geert Debersaques and Mr. Joris Casneuf.

During this meeting, the workload for the drafting of the transversal analysis was divided. This analysis will be based on the results of the questionnaire which was prepared during the second meeting of the working group, on October 10th.

A final draft of the analysis will be sent to the ACA-contact persons at the beginning of April 2017.The final result will be presented during the Board meeting of May 14, 2017. The study will be published on the ACA-Europe website at the same time.

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WISH YOU A GREAT 2017!
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Funded by the Justice programme of the European Union