ACA-Europe

e-News 2017/1

Editorial

Piet

Dear readers,

On 23 and 24 March of this year I had the privilege as ACA President to attend the expert meeting on administrative sanctions organised by the Supreme Court of Slovenia in Ljubljana. It was a splendid gathering of so many distinguished national experts and provided a great opportunity to see our ACA network in action. Based on national rules and experiences written down in the answers to a Slovenian questionnaire the group of experts discussed best practices that can bring all of us forward within a European framework.

I must thank all those that worked so hard to make this expert meeting into a success. First of all our colleagues in Ljubljana, but also all experts that answered the questionnaire and attended the meeting. And last but not least the ACA secretariat which is always there to advise and assist.

Indeed organising ACA meetings is hard work. At this moment many colleagues of the Council of State in The Hague are busy organising a Board Meeting, the 2017 General Assembly and a seminar on the EU program ‘Better regulation’ from 14 – 16 May in The Hague.

During the seminar on better regulation we will discuss existing national feedback mechanisms between administrative courts and advisory body’s on the one hand and governments and parliaments on the other. The central questions of this meeting will be what national feedback practices are in place aimed at the quality of new legislation given the balance of powers of the trias politica. And could any of these national experiences perhaps in future be used to provide feedback on a European level as well. EU commissioner Frans Timmermans will be with us as a special guest sharing his views on this matter.

Some of you will indeed attend one or more of the abovementioned meetings in The Hague and I am looking forward to welcoming you there. Others will perhaps attend the upcoming expert meetings in Poland or Estonia. All of you I want to thank for the time and energy you invest in our network by organising and attending our gatherings. ACA Europe is not only looking at legal best practices in Europe but has become a European best practice in itself!

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

Seminar

On 23. and 24. March, 2017 the Supreme Court – Administrative department of the Republic of Slovenia and the Association of the Councils of State and Administrative jurisdictions of the European Union (ACA-Europe) hosted the seminar “Administrative sanctions in European law” where representatives of the Supreme administrative jurisdictions from more than 25 states, together more than 50 participants, shared their insights, approaches and case law developed on the level of the EU Court of Justice and the European Court of Human Rights as well as in their countries in the area of administrative sanctions.

The event in Ljubljana was preceded by 27 questionnaire replies (national reports), which formed the basis for the summary of this reports on the practice of ACA-Europe members in the area of administrative sanctions.

Read more...

Jurifast

These decisions have been selected for you:

Poland

Judgment of the Supreme Administrative Court of Poland on compensation by an air carrier of a family of passengers on a overbooked flight:

http://www.aca-europe.eu/index.php/en/jurifast-en?ID=2986

Estonia

Judgment of the Estonian Supreme Court on the right to vote of detainees in European Parliament elections:

http://www.aca-europe.eu/index.php/en/jurifast-en?ID=2662

The Netherlands

Judgment of the Council of State of the Netherlands on Morocco as a safe country of origin, and the possibility of exceptions for LGBT people:

http://www.aca-europe.eu/index.php/en/jurifast-en?ID=3063

EU

Judgment of the Court of Justice of the European Union in response to a preliminary question from the Belgian Court of Cassation concerning the wearing of the Islamic veil at work:

http://www.aca-europe.eu/index.php/en/jurifast-en?ID=3098

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 216 members from 37 institutions.

Since the last e-news, 9 new collective questions have been asked and 17 countries actively participated by providing 102 responses: Germany, Austria, Belgium, Spain, Estonia, Finland, Hungary, France, Ireland, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Czech Republic, Serbia and Sweden.

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

  • Right to Trial in Territorial Planning Issues (18 responses)
  • Court in the proceedings of the constitutional court (17 responses)
  • Appointment of judges to the Supreme Court (15 responses)
  • Recognition of Polygamous Marriages (11 responses)
  • Protecting rights of persons with mental and health disorder (10 responses)
  • Standing in Environmental challenges (10 responses)
  • Reopening of the judicial proceedings (8 responses)
  • Legislative follow up on ECJ Case C-362/14, Schrems (8 responses)
  • Directive 2014/40/UE (tobacco) (5 responses)

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 Tour of Europe provides an analysis, in 76 points, on how the administrative justice system is organized in the different Member States of the European Union and Turkey. In 2016, ACA provided the translation, into English or French, of updates received in 2014, 2015 and 2016, within the limits of the available budget. These translated updates are those of the following member countries: Bulgaria, Spain, France, Latvia, Luxembourg, Portugal and Slovenia. The translations can be found on the association’s website.

An item has been provided for in the 2017 budget to continue the translations of the updates of the “Tour of Europe” that are already on the website.

Member States which have not updated the available information since 2009 are invited to do so by contacting the ACA Europe team at the following email address: anne-catherine.vangeersdaele@aca-europe.eu

Subsequent changes to the updated versions are also welcome.

Judge Exchange

ACA allows for 12 judges from its member institutions to participate to working visits of 12 days in any other member institution. All reports concerning the judge exchanges of 2016 are available on the association’s website. Some of these reports have been translated into one of the official languages of ACA, within the limits of the available budget and on the basis of their date of receipt by the Secretariat General.

In 2017, the General Secretariat has received 21 applications for participation in the judge exchange program. 12 candidates have been selected in accordance with criteria set by the General Assembly in Paris in 2014 and have been notified by the General Secretariat. The 2017 exchanges are about to start!

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

Members' News

Romania - High Court of Cassation and Justice – September 2016

Ms Iulia-Christina Tarcea graduated from the Faculty of Law within the Bucharest University in 1985. She started her career as a legal counsel and lawyer at the certified County Ialomita Bar Association. In 1990 she was appointed judge at the District 3 Court in Bucharest.

She was employed by the Ministry of Justice – Department of the Government Agent for the European Court of Human Rights, European Integration and Human Rights and worked as State Secretary from 2002 till 2004.

In March 2004 she became Justice at the High Court of Cassation and Justice and in 2013 deputy president.

She was appointed President of the High Court on September 14th, 2016.

Portugal – Supreme Administrative Court – December 2016

Vitor Manuel Gonçalves Gomes

Mr. Vitor Manuel Gonçalves Gomes graduated from the University of Coimbra Faculty of Law. He began his career as magistrate at the public prosecutor’s office. Afterwards, he worked for years in the courts of the judiciary as a judge and Chairman later on. In 1996, he was appointed judge at the Supreme Administrative Court. From 2003 until 2013, he was a judge at the Constitutional Court.

December 20, 2016, he was appointed President of the Supreme Administrative Court, and inherently, President of the Superior Council of administrative and tax courts.

Slovenia – Supreme Court - February 2017

Damijan Florjančič

Mag. Damijan Florjančič graduated from the University of Ljubljana Faculty of Law in 1978. In 1981 he passed the legal state exam and in 2005 he obtained his master's degree at the Ljubljana Faculty of Law with a thesis on criminal justice.

He started his professional career at the Municipal Administration of the Municipality of Sežana and continued as an intern at the Higher Court in Koper. In the period 1981-1986 he was Deputy and later Head of the Basic Public Prosecutor's Office in Koper, Unit of Sežana.

In 1986 he was elected judge at the Basic Court in Koper (later District Court in Koper), and was appointed Head of its Sežana Unit for one year. In 1994 he was appointed president of the District Court in Koper and held this office until his appointment as higher judge at the Higher Court in Koper in 2001, where he worked until 2006. He continued his professional career as a judge seconded to the Ministry of Justice and was appointed director of Judicial Training Centre in 2008. In the period 2003 - 2014 he was president of the criminal section of the Slovenian Association of Judges.

In 2010 he became a Supreme Court judge at the Supreme Court of the Republic of Slovenia and was appointed president of the Supreme Court in February 2017.

ACA News

Budget 2016

The 2016 Association accounts have been audited by an external company. They have been forwarded to the Commission for payment of the balance. The Commission’s administration is currently examining the justifications provided for 75 items.

2017 Grant

The budget of the Association for 2017 is 468,000 Euros. It is funded at 80% by the Justice program of the European Union. The remaining 20% is coming from contributions of member institutions of ACA-Europe, including the contribution of the Presidency.

The European Commission’s approval has been given in January 2017 which means 2017 activities have been started up at that time.

In this issue

Editorial

Seminar

Jurifast

Forum

Tour of Europe

Judge Exchange

Analysis

Members' News

ACA News

Agenda

15 & 16 May 2017

 

Seminar and General Assembly in The Hague, The Netherlands – Better law-making

18 September 2017

 

Seminar in Cracow, Poland – Law on Migration and Refugees

Spring 2018

 

Seminar in Tartu, Estonia – Fair trial

Analysis 2016 - 2017

At the time of the ACA-Europe’s application for a three-year grant addressed to the European Commission, the Association was invited to propose to conduct an annual survey on the collection, analysis, exchange and dissemination of information, good practices and recommendations on various topics of EU law.

For 2016, the Board has opted for a survey on unification of administrative jurisprudence.

On Monday, the 12th of December 2016, a third meeting of the working group on this topic was held at the Council of State in Brussels. During this meeting, the workload for the drafting of the cross-sectional analysis was divided among the members.

The final version of the analysis has been sent to the contact persons of the Association in April 2017, who had the opportunity to comment.

The results are to be presented during the session of the General Assembly in The Hague on the 16th of May 2017.

For 2017, the board has opted to contribute to the EU justice Score Board (“administrative justice” component).

On 20 March 2017, a preparatory meeting took place between the General Secretariat and the members of the DG Justice of the European Commission. The contribution of the Association to the 2017 Scoreboard was discussed during this meeting. It was agreed that the DG Justice would provide more concrete proposals before mid-April.

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