e-News 2018/1



Photograph: Michael Moser

Dear reader,

The General Assembly of ACA-Europe on 15 May entrusted the Federal Administrative Court of Germany with the presidency of the association for the next two years. Before I begin to set out the contents of this presidency, I would like to express, again, my sincere gratitude to the Dutch presidency which we have had the honor and delight to enjoy for the past two years. Piet Hein Donner and his collaborators, supported by the Board and the General secretariat, have done a marvelous job.

It should also be noted from the outset that ACA-Europe will continue and refine its successful measures to promote exchange between our administrative jurisdictions in Europe, such as the judge exchange programme and the legal databases DecNat and JuriFast.

During the German presidency I wish to invite you to six seminars, four of which will be held in Germany and one each in Ireland and the Czech Republic. As far as the seminars in Germany are concerned, I intend to use this opportunity to introduce you to the administrative jurisdiction in Germany in a somewhat physical way. All seminars will take place in court buildings. You will visit the Administrative Court of Cologne – a court of first instance –, the Higher Administrative Court of the federal states of Berlin and Brandenburg – a court of second instance –, and the Federal Administrative Court in Leipzig – the Supreme Court. The first seminar, in Cologne in December 2018, addresses the so-called ReNEUAL project. This label stands for a comparative approach to the development of administrative law in the European Union and administrative procedural law in the member states. It can be traced back to an initiative of the European Parliament and was then pursued by academia.

Two interlinked seminars on the working methods and framework conditions of our daily work at court will follow. One seminar, in Dublin in March 2019, tackles the question of how our courts decide. The other seminar, in Berlin in May 2019, looks into the conditions for access to the supreme courts. It will take place back to back with a general assembly meeting.

The fourth seminar, in September 2019 in Brno, examines whether there are sovereign acts which are not subject to judicial control and if so, which alternative control mechanisms may be in place.

In April 2020 in Leipzig, the fifth seminar revives an old tradition of ACA-Europe to involve our legal documentation experts. The seminar focuses on the impact that digitalisation has on the work of our documentation departments and examines the potential and desirable interaction of JuriFast with the new data bases hosted by the European Court of Human Rights and the European Court of Justice.

The colloquium, in May 2020 in Leipzig, returns to the ReNEUAL project, embracing the German presidency. It is accompanied by a final general assembly meeting. Dear colleagues, let me assure you that I am, as well as the judges and staff members of the Federal Administrative Court are, very much looking forward to the two years to come.

Prof. Dr. Dr. h.c. Klaus Rennert

President of ACA-Europe,
President of the Federal Administrative Court of Germany


The report on the colloquium in The Hague will be published on the ACA-Europe website and in the second edition of the e-news.


These decisions have been selected for you:

The Netherlands

In a reference for preliminary ruling the Council of State asked the ECJ on 19 April 2018 for an interpretation of Article 46 (8) of Directive 2013/32/EU. The Council of State asked the ECJ whether the applicants acquire a lawful stay in the Netherlands because the applicants must be allowed to stay in the territory of the Netherlands pending the outcome of the provisional measure procedure on the basis of Directive 2013/32/EU, Article 46(8). This reference for preliminary ruling also raises the question of the detention of third-country nationals in a closed centre.


Judgment of the Supreme Administrative Court of 7 February 2018 on the criteria of Article 107 (1) TFEU and the concept of state aid applied to emergency care services.


In a reference for preliminary ruling the Supreme Administrative Court asked on 2 February 2018 for the interpretation of Article 15 (3) TFEU and Article 4 (1) and (2) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents and regarding exceptions of this type of access, such as the concept of banking secrecy.

Remember, the Jurifast RSS feed can be obtained at the following address: (possibility to subscribe to an RSS feed).


The forum of ACA-Europe presently has 218 members from 35 institutions.

Since the last e-news, 4 new collective questions have been asked and 14 countries actively participated by providing 34 responses: Germany, Austria, Belgium, Spain, Estonia, Finland, France, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal and Czech Republic.

The following subjects have been discussed:

  • Judicial Training (10 responses)
  • Time-limits of entry bans (8 responses)
  • Financial supervision and personal data (9 responses)
  • The system of liability for damage caused by animals (7 responses)

Access to the forum is reserved for the members of ACA-Europe, who can register for it at the following address:

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 2017, ACA provided the translation, into English or French, of updates received from Romania, the Netherlands and Germany.

In 2018, so far, an update for Belgium has been provided. All texts can be found on the association’s website, both in French and English.

An item has been provided for in the 2018 budget to continue the translations of the updates of the “Tour of Europe” that are already on the website.

In order to obtain the objectives, defined in the specific agreement between ACA-Europe and the European Commission, within the scope of the subvention granted by the European Union, member States which have not updated the available information since 2009 are warmly invited to do so by contacting the ACA Europe team at the following email address: or

Subsequent changes to the updated versions are also welcome.

Judge Exchange

This year, ACA has the possibility to allow 18 judges from its member institutions to participate to working visits of 12 days in any other member institution. Those working visits are rounded off with a report, written in English or French, that will be published on the ACA Europe website.

On 15 May 2018, the General Assembly of The Hague approved the list of successful candidates for the judge exchange programme. The successful candidates, as well as the host institutions, have been notified by the General Secretariat.

Contact address:

Members' News

France – Council of State – May 2018

Bruno Lasserre

Wednesday 16 May 2018, Bruno Lasserre, President of the Interior section at that time, was named vice-president of the Council of State. He succeeded Jean-Marc Sauvé on May 29.


Malta – Court of Appeal – April 2018

Joseph Azzopardi

On 26 April 2018, the Hon. Mr Justice Joseph Azzopardi was appointed Chief Justice by the President of Malta to take over from Chief Justice Silvio Camilleri, who has retired upon reaching the mandatory retiring age of sixty-five.


Switzerland – Federal Supreme Court – 1 January 2017

Ulrich Meyer


Study of Law at the University of Bern; lawyer’s patent in 1979 Ph.D. in 1984. Habilitation at the University of Zürich in 1993. Full professor at the University of Zürich

Ulrich Meyer started his professional career as a legal official at the Federal Office of Justice. In 1981 he was assigned as secretary resp. registrar to the Federal Insurance Court (TFA) in Lucerne, of which he was elected Member in 1986 and served as president

From 1 January 2007 to 31 December 2012, he chaired the second Court of social legislation of the Federal Supreme Court of Switzerland. From 2011 to 2012, he held the position of the Chairman of the Conference of Presidents. As Vice-President of the Swiss Federal Court in 2013, he continued as a member of the second Court of social legislation. On 1 January 2017, he was appointed President of the Tribunal. At the same time, he took over the chairmanship of the Association of constitutional courts (l'Association des Cours Constitutionnelles ayant en Partage l'Usage du Français - ACCPUF).

At international level, Mr Meyer represented Switzerland from 2006 to 2008 at the Consultative Council of European Judges (CCJE), a body of the Council of Europe.

“The ACA is a valuable association for the exchange of views and the training of judges at European level.”


ACA News

Grant 2018

The budget of the Association for 2018 is 489.393,00 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 on 15 March 2018 which means that the activities have been started up at that time.

Specific agreement 2018

On March 15th, the Specific Agreement number - 800948 – ACA-EU_NETW_2018 was signed by the Secretary General and the European Commission. On 4 May 2018, the European Commission announced that, following the analysis of the final technical implementation report, the 2017 budget was accepted without exception.

The European Commission pointed out that ACA-Europe produced reports and organised seminars which examined the functioning of Supreme Administrative Courts both when applying EU law and more generally, and which can contribute to promoting the consistency of case law in administrative law cases.

According to the Commission, the Associations’ work contributes to the promotion of the rule of law and the effectiveness of national justice systems. The results of the questionnaire “on the powers and judicial activities of highest national courts in situations where judicial independence may come at risk” that ACA-Europe prepared, in close cooperation with the Commission, are expected to provide important insights for the preparation of the 2018 EU Justice Scoreboard.

The Commission thanked the Association for its good cooperation and for the comprehensive final report.

In this issue





Tour of Europe

Judge Exchange


Members' News

ACA News


18-19 October 2018


Seminar in Tallinn, Estonia – Due Process

2-4 December 2018


Seminar in Cologne, Germany – ReNEUAL I

25-26 March 2019


Seminar in Dublin, Ireland – Decision making

For a complete overview of the calendar, see our website.

Analysis 2017-2018

At the time of 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 2017, the board opted to contribute to the EU justice scoreboard (“administrative justice” component).

The results were presented during the session of the General Assembly in The Hague on the 15th of May 2018, and were published on our website.

For 2018, the board has opted to continue contributing to the EU justice scoreboard, on the topic of “quality of judgments”. A first meeting of the working group on this topic is planned for the month of June. In 2018, the working group is strengthened by Italy.

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Funded by the Justice programme of the European Union