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© Tarmo Lehtosalo

From 25 to 28 May 2024, the picturesque town of Inari, Finland played host to the latest ACA-Europe seminar, where members of our association gathered to continue the exploration of vertical interactions between national supreme administrative jurisdictions and the Court of Justice of the European Union and the European Court of Human Rights. This seminar built upon the insights gained during previous events in Stockholm and Zagreb, delving deeper into the complexities of multilevel protection of fundamental rights within European legal frameworks.

Inari’s seminar sought to clarify how national courts interact with European legal institutions and the mechanisms behind the vertical dialogue on fundamental rights protection. With the participation of 33 institutions, discussions centered on the overlap of individual rights enshrined in national constitutions, the European Convention on Human Rights, UN human rights conventions, and the Charter of Fundamental Rights of the European Union. This multifaceted approach reflects the reality that no definitive hierarchy exists between national and European legal regimes.

Building on the groundwork laid by the Stockholm seminar in October 2023, which examined the relationship between national courts and the CJEU's preliminary rulings procedure, and the Zagreb seminar in February 2024, which focused on conflicts between domestic and European court rulings, Inari provided fresh perspectives on how fundamental rights are interpreted across different jurisdictions. National constitutions, interpreted by entities like constitutional courts, often coexist with European institutions like the CJEU and the ECtHR, each playing analogous roles in their respective legal systems.

One of the seminar’s core outcomes was a general report based on a questionnaire answered by participating institutions, which is now available on the Association’s website. The responses to the 22-question survey, answered by no less than 33 institutions, highlight representative problems, solutions, and case law, which were discussed in-depth during the seminar.

The program of the seminar followed the structure of the general report, comprising of two panel discussions, the first concentrating on national constitutional control and the domestic applicability of fundamental human rights norms, while the second panel discussion focused on the interplay of national and European fundamental rights and international human rights norms.

The seminar started off with a keynote address given by Mr. Niilo Jääskinen, judge at the Court of Justice of the European Union. In his address, Mr Jääskinen discussed recent case law concerning the effect of the foundational principles of EU environmental law on national administrative courts’ responsibilities. President of the Federal Administrative Court of Germany, Mr. Andreas Korbmacher, in turn, offered his reflections on the topic. Both the keynote address and the panels generated lively and interesting discussions among the participants.

In addition to the seminar itself, the event in Inari also included a symposium, organised in cooperation with representatives of the Sámi parliament, on the topic of Climate, Environment, and Land Use. The symposium addressed questions such as the use of natural resources and the balancing of fundamental rights, and values of the environment and the landscape in the perspective of developing renewable energies, as well as the effects of climate change and biodiversity loss, in particular as it concerns the Arctic and the traditional livelihoods of the Sámi people.

As we reflect on the Inari seminar, it is evident that the dialogue between national and European courts remains crucial for understanding their evolving relationship. The seminar highlighted the importance of continued collaboration between these institutions and equipped participants with valuable insights and strategies to navigate the complex landscape of multilevel fundamental rights protection within their respective jurisdictions.

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