Author: pvanmalleghem

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April 21, 2014 (WCC 3016): Vice-President Lenaerts on “EU Values and Constitutional Pluralism”

The Harvard European Law Association would like to invite you to the following talk:

Vice-President Koen Lenaerts

“EU Values and Constitutional Pluralism”

on Monday, April 21 from 12:00 PM to 1:00 PM in WCC 3016

 

Koen Lenaerts
Born 1954; lic. iuris, Ph.D. in Law (Katholieke Universiteit Leuven); Master of Laws, Master in Public Administration (Harvard University); Lecturer (1979-83), subsequently Professor of European Law, Katholieke Universiteit Leuven (since 1983); Legal Secretary at the Court of Justice (1984-85); Professor at the College of Europe, Bruges (1984-89); member of the Brussels Bar (1986-89); Visiting Professor at the Harvard Law School (1989); Judge at the Court of First Instance of the European Communities from 25 September 1989 to 6 October 2003; Judge at the Court of Justice since 7 October 2003; Vice-President of the Court of Justice since 9 October 2012.

 

We thank the Center for European Studies for their support of this event.

CES

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April 11, 2014, 12-1PM (WCC 3016) – Professor Bradford: “The Brussels Effect”

The Harvard European Law Association and the Women’s Law Association would like to invite you to the following talk:

Professor Anu Bradford

“The Brussels Effect: How the EU is unilaterally shaping the world through global commerce”

on April 11, 2014 at 12 pm – WCC 3016

(lunch will be provided)

Professor Anu Bradford (originally from Finland) has been a professor at Columbia Law School since 2012. Before moving to Columbia, she was an assistant professor at University of Chicago Law School, where she specialized in international trade law. She is an HLS LLM and SJD graduate, as practiced law at Clear Gottlieb, advised on economic policy for the European and Finnish Parliament, and has been named a Global Young Leader by the World Economic Forum.

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April 15, 2014, 12-1PM (WCC 3016): Judge Rodin: “Dumb and no More Here”

Dumb and no More Here:

An inquiry into impact of rulings of the CJEU

The talk will problematize, from perspective of EU law, the difference between the immediate impact of “living” judgments of the Court of Justice, that is, judgments which make part of the living judicial dialogue between EU and national judges, and impact of “well settled case law”. While the former arguably affects judicial decision making in the Member States the latter has a potential of long term influence on national legal culture. In the second part I will address criticism addressed to the Court as to coherence of its case law, alleged inability to control its own docket, lack of dissenting opinions, cryptic language of its judgments and legitimacy of its rulings.  I will argue, that critique of adjudication sometimes fails to identify functional comparators on which the very critique is based and claim that the Court of Justice delivers similar goods as other model courts, just in a different guise. I will also suggest that immediate impact of judicial decisions dramatically differs from their transcendental impact, partly due to the change of context and utterer and partly due to the change of audience targeted by a decision. In the third part I will explain the difference between original and transcendental subjectivity and argue that law/policy conundrum, i.e. the tension between fidelity to law and undeniable contribution to policy of European integration can be explained by two shifts in analysis of its case law. First, the temporal shift from creative to interpretative moment and, second, the shift of the interpretative subject from the Court itself to external users of its case law.

 

Prof. Siniša Rodin earned his Ph.D. degree from the  University of Zagreb Faculty of Law, Croatia  in 1995, and his LL.M. degree from the  University of Michigan Law School  in Ann Arbor, Michigan in 1992. He specialized European Law at the  European University Institute  in Florence, Italy, and German Constitutional Law at the  Max-Planck Institut für ausländisches öeffentliches Recht und Völkerrecht  in Heidelberg, Germany. He is recepient of the University of Michigan Law School Merit Award, and the University of Zagreb Rector’s Award. In 2001/2002 he was Fulbright fellow and Visiting Scholar at Harvard Law School. Prof. Rodin is member of the  International Association of Constitutional Law  and of the European Communities Studies Association. He is author of 2 books and more then 50 research papers. Together with prof. Tamara Ćapeta he co-authored the first textbook on EU law in Croatian language. Prof. Rodin’s  scientific interest includes issues of constitutional interpretation, fundamental rights and constitutional aspects of European integration. His research also focuses free movement of services.  He is member of editorial board of Croatian Yearbook of European Law & Policy and Zeitschrift für Öffentliches Recht. He is member of UACES and FIDE.

Prof. Rodin holds ad personam Jean Monnet Chair at the University of Zagreb, Faculty of Law, Zagreb, Croatia. His teaching includes a general course on EU law and an advanced course on Human Rights in the EU. He is one of the supervisors of students participating at the European Law Moot Court Competition and Central and East European Moot Court. In 2012 prof. Rodin also teaches at CEU San Pablo Madrid and as a Marc and Beth Goldberg Distinguished Visiting Professor at Cornell University Law School.

Prof. Rodin contributes to the Enzyklopädie des Europarechts (Nomos 2013) and currently works on the project “Judicial Application of International Law in Southeast Europe”, to be published by Springer Verlag in 2013.

Since July 1, 2013 Siniša Rodin serves as a Judge of the Court of Justice of the European Union.

 

Please find the text of Judge Rodin’s presentation here: Dumb and no More Here.

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March 26, 2014: Prof. T. Perisin on “EU regulation, world trade and values”

The Harvard European Law Association would like to invite you to the following talk:

 

Professor Tamara Perišin

“EU regulation, world trade and values: Should the EU care what the world thinks?”

on Wednesday, March 26 from 12:00 PM to 1:00 PM

 

Prof. dr. Tamara Perišin, MJur (Oxon) graduated cum laude at the University of Zagreb – Faculty of Law; as a Chevening scholar earned the degree Magister Juris in European and Comparative Law at the Faculty of Law, University of Oxford, St. Edmund Hall; and completed her PhD at the University of Zagreb having defended her thesis before an international committee. As a part of her doctoral and post-doctoral research, Tamara Perišin studied as a visiting researcher at the Asser College Europe, T.M.C. Asser Institute, The Hague; as a Fulbright scholar at the Georgetown University, Washington D.C. and at the University of Michigan Law School, Ann Arbor; as a “visitor-in-the-cabinet” of Advocate General Sharpston at the European Court of Justice in Luxembourg; a Scholarship of Teaching and Learning Fellow at the Central European University, Budapest; and a research fellow at the Max Planck Institute for Comparative Public Law and International Law, Heidelberg. She passed the Croatian bar exam. T. Perišin works at the Department of European Public Law where is she is the leader of the Jean Monnet Module “EU and WTO in a comparative perspective”; in the period 2009-11 she served as Vice Dean for International Cooperation. She was a Member of the Working Group for Free Movement of Goods in the EU Accession Negotiating Team of the Croatian Government. T. Perišin is on the Editorial Board of the “Croatian Yearbook of European Law and Policy”, “Zagreb Law Review” and “SEEL Journal”. She is an author of many articles and of the book “Free Movement of Goods and Limits of Regulatory Autonomy in the EU and WTO”, T.M.C. Asser Press.

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March 13, 2014 (WCC 3018): Professor van Erp: “The EU as the Latest Mixed Jurisdiction”

The Harvard European Law Association would like to invite you to the following talk:

Professor Sjef J.H.M. van Erp

“The EU as the Latest Mixed Jurisdiction: Property Law as an Example”

on Thursday, March 13 from 12:00 PM to 1:00 PM in WCC 3018

 

Sjef van Erp holds a law degree from Tilburg University (1977) and studied at the Faculté Internationale pour l’Enseignement du Droit Comparé and the Hague Academy of International Law. After working as a research assistant and adviser at the Netherlands Royal Society of Notaries, he started working as an assistant professor at the Faculty of Law, Tilburg University. As a visiting scholar, he did comparative legal research at the Max-Planck-Institut für ausländisches und internationales Privatrecht (Germany), Wolfson College Cambridge (UK) and Berkeley (US). In 1990, he completed his doctorate thesis and continued his work at Tilburg University as an associate professor. He continued his research abroad at Cambridge (UK), Berkeley (US), Quebec (Canada), Harvard (US), Osnabrück and Hamburg (Germany). He was visiting professor at Université Laval (Quebec, Canada) and Cornell University (US), and Socrates visiting professor at Trento University (Italy). In 1997, Sjef van Erp was appointed Professor of Civil Law and European Private Law at Maastricht University. Currently (2003), he is chairman of the Private Law Department. He is Deputy Justice at the Court of Appeal of ‘s-Hertogenbosch, Deputy Judge at the District Court of Amsterdam, President of the Netherlands Comparative Law Association, board member of the International Association of Legal Science and co-founder and Editor-in-Chief of the Electronic Journal of Comparative Law (http://www.ejcl.org), member of the international editorial board of the Russian Journal of Comparative Law, co-founder and member of the board of the Dutch Inter-University Foundation for the Study of European Private Law and member of the Collegio dei docenti del Dottorato in Studi giuridici comparati ed europei of Trento University (Italy). Other professional activities include: membership of a Dutch group of experts to assist the Russian Federation, Armenia, Ukraine, Eritrea, Belarus, the Baltic States and Hungary during the redrafting process of civil and commercial law (including the training of judges), membership of a Dutch delegation to Mongolia in order to establish a training programme for the Mongolian judiciary, co-founder and Dutch chairman of the Netherlands-German Law Association and board member of the Inter-University Foundation ‘Centre for International Legal Cooperation’. His research focuses on comparative and European private law and the comparison of the American federal experience with European integration.

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Informal Enforcement of Competition Law – Call for Conference Abstracts

The Harvard European Law Association is issuing a call for conference abstracts:

 

Harvard European Law Association

Call for Conference Abstracts

“Informal enforcement of competition law: perspectives from the U.S. and Europe”

The first five years following the introduction of settlement procedures in cartel cases (EC Regulation 662/2008) and the growing interest in subjecting competition cases to arbitration provide an opportunity to discuss the use of informal mechanisms for the enforcement of competition/antitrust. This year’s conference will look into the realities in the EU and will compare them with the experience from the US. Consideration will be given to the relation and interaction between litigation, arbitration and settlement and to the grey areas in between them. The conference will shed light on dogmatic questions such as the normative tension between arbitration and private enforcement and the question of structural or behavioral remedies in settlement procedures. From a legitimacy standpoint, reflections will focus on the public nature of competition/antitrust enforcement and on the role of party autonomy. Based on the above, are we witnessing a change in the function of competition/antitrust or are we merely using “informal” means to justify “formal” ends?

The purpose of the conference is to analyze the reasons leading to informal mechanisms and to discuss how these fin into the wider competition/antitrust architecture. The overall ambition is to assess results and efficiencies and to sketch the way forward.

Harvard European Law Association invites you to its conference on the “Informal enforcement of competition law: perspectives from the U.S. and Europe” to be held on March 24, 2014 at HLS. The keynote speakers will be Professors Einer Elhauge (Harvard Law School) and Damien Geradin (Tilburg University).

The aim of the conference is to provide a forum for discussion and interaction to young lawyers, academics and competition authorities’ officials.

We welcome a variety of proposals from theoretical discussions to perspectives from practice. Possible topics include but are not limited to the following:

– The pros and cons of cartel investigation settlements; comparisons with commitment decisions, plea bargains and leniency programs;

– Negotiation of settlements within Merger Control review and proceedings;

– The appropriateness of arbitration in the field of antitrust; its implications in the architecture of the antitrust/competition system;

– The changing role of competition authority officials;

– Theoretical issues and practical questions concerning the role of public interest in the enforcement of antitrust laws;

– Informal enforcement in the US and the EU: differences and similarities;

– Challenges and future perspectives

Abstract submissions should be no longer than 250 words. Please submit your materials via hela at mail.law.harvard.edu. The closing date for submissions is February 2, 2014. Successful candidates will be informed by February 6, 2014 and must submit their final presentations and/or papers by March 10, 2014. The final program will be released in early February 2014. Please note that participants are expected to cover their own costs. For further information please contact Zena Prodromou or Pieter-Augustijn Van Malleghem.

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