Merry Christmas and Happy New Year
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The MCEL team wishes you success in all your endeavours in 2020!
Merry Christmas and a Happy New Year!
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In the second half of 2019, MCEL research seminars featured several guest speakers.
Joanne Scott (Professor of EU Law at the European University Institute in Florence) discussed the topic of ‘The Global Reach of EU Environmental Law: Is Complicity the New Effects?’ during the research seminar in June. The first research seminar of this academic year hosted a lecture by Pieter van Cleynenbreugel (Professor of EU substantive law at the university of Liège), explaining the horizontal direct effect of free movement rights in the context of the CJEU case law. Furthermore, Julio Baquero Cruz (member of the European Commission’s Legal Service and a visiting professor at Sciences Po University in Paris and at the Université Libre de Bruxelles) has delivered a very informative lecture on his book ‘What's left of the law of integration?’. The lecture has in particular concerned a solidarity and human rights perspective in the development of European integration and its application to present events. In the last research seminar of 2019, Janja Hojnik (Professor at the University of Maribor) presented on the topic of ‘Freedom of pricing in the light of EU internal market law: single prices for the single market?’
MCEL organises also a number of research forums where its members have the opportunity to present their ongoing research. The research forum in June hosted the presentation on ‘The right of access in the European Union: transparency or administrative opacity?’ by Cosimo Tommasi, a PhD candidate in European Union Law and national legal systems at University of Ferrara. With the start of the new academic year the research fora were resumed, the first one taking place in September. The forum featured an introduction by Mariolina Eliantonio about a new research project of the Maastricht Law Faculty, dealing with questions of legitimacy in legal globalization. Following this introduction, Merijn Chamon, Annalisa Volpato and Matteo Bonelli presented their own research plans that are part of that new project. The last research forum of the year gave stage to Merijn Chamon’s presentation on ‘EU constitutional law and the challenge of mixed agreements’. The presentation particularly reflected upon the law and politics of mixity in light of the CJEU's latest external relations jurisprudence.
MCEL Members also participated in and organised various conferences, workshops and lectures. Zvezda Vankova delivered a guest lecture on European migration law at Ghent University. Lisa Waddington presented the work that the Academic Network of European Disability experts (ANED) has done on disability assessment in Europe at the Disability High Level Group at the European Commission in Brussels.
Andrea Broderick gave a keynote on the technology-related obligations contained in the United Nations Convention on the Rights of Persons with Disabilities at an EU Cost Action in Bucharest. She has been appointed as National Director, and Director on behalf of Maastricht University, in the European Master’s Programme in Human Rights and Democratisation (EMA/Global Campus Europe) in Venice.
Monica Claes, Bruno Witte and Diana Fromage organised the conference: 'National constitutional identity 10 years on'. The conference offered a reflection on the use of the national constitutional identity clause ten years after the entry into force of the Lisbon Treaty and proposed a new evaluation of this concept, as well as a new analysis of its functions.
Ellen Vos, Mariolina Eliantonio and Esther Versluis organised the conference 'EU Agencies as ‘Inbetweeners’?: The Relationship between EU Agencies and Member States'. The conference aimed at addressing the question of how the relation between EU agencies and Member States is shaped in various policy areas. Furthermore, in the framework of Maastricht Europe Days, Maja Brkan conducted an interview with Danielle Arets (Fontys University of Applied Sciences, Eindhoven) and Roy op het Veld (Editor in Chief of De Limburger) on the threats of fake news and political advertising for the European democracy.
Marjan Peeters has reflected upon the current challenges of EU climate law during an interview with BNR news radio. Diane Fromage delivered a presentation titled ‘The flexibility of numbers: the European Commission and multilevel bargaining on national budgets’ at a seminar organized by Bologna University at Palazzo Magnani. Marjan Peeters organised an expert workshop aiming to lift off sustainable academic travelling at the UM Campus Brussels. Ana Ramalho has been appointed EU Copyright Counsel at Google in Amsterdam.
Maja Brkan discussed her paper ‘European Democracy and Free Elections in the Age of Artificial Intelligence’ during the 4th European Privacy Law Scholars Conference (PLSC Europe), at the University of Amsterdam. In November 2019, she was a visiting researcher at the Faculty of Law of the Autonomous University of Barcelona, where she further deepened her research on the interplay of EU fundamental rights, democracy and technology. Lilian Tsourdi convened a panel on agencification in the area of freedom, security and justice in Finlandia Hall, Helsinki. Sarah Schoenmaekers was invited to attend a conference at Université Paris-Est Créteil, where she presented on ‘The influence of Dutch public law principles on public procurement contracts in the Netherlands’. Annalisa Volpato, Ellen Vos and Sabrina Wirtz participated in an expert workshop to discuss the revised rules for the risk assessment on food and for the governance and operation of the European Food Safety Authority at UM Campus Brussels. As part of her VENI project, Vigjilenca Abazi organised a one day workshop bringing together leading scholars, experts, practitioners as well as whistleblowers in order to tackle the issue of whistleblowing from a multi-disciplinary perspective and address both theoretical and practical views. Andrea Ott co-organised a research workshop on 10 years Eastern Partnership at UM Campus Brussels. Furthermore, she delivered a lecture at the 5th CLEER summer school on EU external relations law at UM Campus Brussels, which she co-organised. On November 25, at the EUI in Florence, Paul Dermine presented a paper on 'The future of fiscal governance in the Eurozone'.
Andrea Ott successfully applied in July 2019 for co-funding by the European Commission for a Jean Monnet project. The Jean Monnet project NOVA-EU (Innovating and Transforming the European Union) will enable MCEL to organise between 2019 to 2021 five workshops. NOVA-EU aims stimulating discussion and research into four key challenges that heavily impact the European Union’s governance structure, regulatory framework, identity and, most importantly, its future. The four key challenges/subjects identified are addressed over the next two years are the following: Digitalisation, Ethics and EU Fundamental Rights (1), Migration and EU Borders (2), The internal and external dimension of sustainable Europe (3) and the EU Rule of Law and Democracy (4). The expertise of the MCEL researchers and their extensive networks throughout Europe in law and political science guarantee a successful and high-quality implementation and finalisation of the project. The first NOVA-EU will be organised in Maastricht on 9 and 10 January 2020 on Digitalisation, Ethics and EU Fundamental Rights. Maja Brkan together with other MCEL researchers (among them Karolina Podstawa) had a key role in setting up a programme of the two days workshop. This first workshop will be followed by a workshop on Migration and EU borders on 30 to 31 March 2020. MCEL researchers Hildegard Schneider, LilianTsourdi and Zvezda Vankova have initiated a call for papers for this upcoming workshop. Both workshops' programme and call for papers (as any other updates on the project) can be accessed here. In autumn 2020, Professors Andrea Ott, Marjan Peeters, Elise Muir (KU Leuven) and Merijn Chamon will organise a workshop devoted to the internal and external dimension of sustainable Europe. The fourth workshop at the beginning of 2021 is devoted to EU rule of law and democracy and will be organised by Monica Claes and Bruno de Witte together with Matteo Bonelli. The NOVA-EU project will be finalised by a workshop in the spring of 2021 which brings together the four subjects by summarising the findings but also addressing future research topics. The project will also lead to a number of working papers, policy briefs and an edited volume.
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The MCEL Opening Event of the academic year 2019/2020 took place on 10 September 2019 and was devoted to the precautionary principle. The precautionary principle, which is a general principle of EU law, allows for regulatory action to prevent risks to health and the environment even if there is scientific uncertainty surrounding the existence of the risks, its causes or the magnitude of its effects. Opponents of the principle claim that it is likely to hinder innovation, leading to the EU missing out on the benefits of new technologies and having a negative impact on industry gains and employment. This criticism has led to the industry proposing the so-called ‘innovation principle’ which is welcomed by DG Research and Innovation of the European Commission.
These claims were critically addressed in the opening event where MCEL co-director Bruno de Witte introduced the precautionary principle. MCEL co-director Ellen Vos together with Kristel de Smedt presented the first findings of their ongoing EU Horizon 2020 RECIPES project, discussing the legal dimensions of the precautionary principle and its use in secondary legislation and case law of the Court. MCEL member Marjan Peeters elaborated on the precautionary principle in the context of climate change and the role of the CJEU in this regard. Finally, Geert van Calster from KU Leuven, critically analysed the so-called innovation principle and how it poses challenges to the precautionary principle. After that the audience engaged with the speakers on questions such as the role of precaution beyond the health and environmental domain, Sabrina Röttger-Wirtz chaired that discussion. A short promotional video of the event is available here.
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Lilian Tsourdi joined the Department of International and European Law and MCEL as assistant professor and Dutch Research Council grantee (NWO VENI grant). Lilian is also a visiting professor at Sciences Po Paris and a member of the coordination team of the ‘Odysseus Academic Network’ for Legal Studies on Immigration and Asylum in Europe. Previously, she was a Lecturer at the University of Oxford (Refugee Studies Centre); a Max Weber postdoctoral fellow at the European University Institute (EUI); a researcher at the Migration Policy Centre of the EUI, the Institute for European Studies of the Université libre de Bruxelles (ULB), and the Centre Charles De Visscher for International and European Law of UC Louvain; as well as an MEP advisor. She obtained her PhD from the ULB. Lilian’s research interests lie at the intersection of EU Law, Public International Law, and public policy/administration with a focus on human rights, asylum, migration, and governance theories. She has published her research widely (e.g. Human Rights Law Review, Common Market Law Review), has co-edited a book (Brill, 2015), and two special issues (Refugee Survey Quarterly, 2016; Maastricht Journal of European and Comparative Law; 2017). Her monograph is forthcoming with Oxford University Press.
Merijn Chamon joined the Department of International and European Law and MCEL as an Assistant Professor. Previously, Merijn was a Postdoctoral Research Fellow of the Flemish Research Foundation at Ghent European Law Institute where he also obtained his PhD in 2015. His research interests i.a. lie in EU constitutional law, EU institutional law, comitology, EU agencies, EU internal market law, the law of EU external relations and EU procedural law. Feel free to contact Merijn if you have ideas for collaboration in these fields. Merijn keeps a list of the books in his ‘personal library’ on his UM webpage and is happy to lend these out to interested colleagues. Apart from publishing academic stuff here and there, Merijn also tries (most probably in vain) to clarify EU law and politics to his fellow countrymen by publishing the occasional op-ed in Belgian newspapers. His main publications can be found here.
Matteo Bonelli first joined Maastricht University and MCEL in 2014, as a PhD researcher, and he defended his thesis (‘A Union of Values - Safeguarding Democracy, the Rule of Law and Human Rights in the EU Member States') in Maastricht in June 2019. After working as a post-doc researcher at the Faculty of Law of the University of Milan (UniMi), he then returned to Maastricht in September 2019 as an Assistant Professor in the Department of International and European Law. He works mostly in the areas of EU constitutional and institutional law, and more specifically on democratic and rule of law crises in the EU, EU fundamental rights, and effective judicial protection in the EU.
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o Athanasiadou, N., 'Independent regulatory authorities at the EU and Member State level: towards different notions of 'independence'?', in: J.-B. Auby (eds.), Le futur du droit administratif/The future of administrative law, LexisNexis (2019), pp.199-218.
o Athanasiadou, N., 'Ordinance 122/2010 for the recognition of professional qualifications for lawyers (Directive 2005/36)', in: Konstantinos Gogos/Ioannis Konstantinou (eds.), Lawyer’s Professional Law, Commentary, Nomiki Vivliothiki Publications (2019), pp.533-550. (in Greek)
o Athanasiadou, N., 'The European Citizens’ Initiative: Lost in admissibility?' (2019) 26 Maastricht Journal of European and Comparative law 2, pp.251-270.
o Brkan, M., ‘The Essence of the Fundamental Rights to Privacy and Data Protection: Finding the Way Through the Maze of the CJEU's Constitutional Reasoning’ (2019) 20 German Law Journal 6, pp.864-883.
o Brkan, M., ‘Artificial Intelligence and Democracy: The Impact of Disinformation, Social Bots and Political Targeting’ (2019) 2 Delphi – Interdisciplinary Review of Emerging Technologies 66, DOI: accessible at https://doi.org/10.21552/delphi/2019/2/4.
o Brkan, M., ‘Freedom of expression and Artificial Intelligence: on personalisation, disinformation and (lack of) horizontal effect of the Charter’, Maastricht Faculty of Law Working Paper 1/2019, accessible at SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3354180, pp.1-17.
o Broderick, A., Ferri, D., International and European Disability Law and Policy: Text, Cases and Materials, Cambridge University Press (2019).
o Broderick, A., ‘Of Rights and Obligations: The Birth of Accessibility’ (2019) International Journal of Human Rights (DOI: 10.1080/13642987.2019.1634556).
o Broderick, A., Ferri, D., ‘The European Court of Human Rights and the Human Rights Model of Disability: Convergence, Fragmentation and Future Perspectives’ (2019) European Yearbook on Human Rights.
o Broderick, A., ‘Stoain v Romania: Recht op Onderwijs. VN-Gehandicaptenverdrag. Doeltreffende Aanpassingen' (2019) European Human Rights Cases 188.
o Broderick, A., ‘Ruiz Conejero: (Re-)conceptualizing Disability-based Discrimination and Sickness Absence at Work’ (2019) 5 International Labour Law Journal 1, pp. 86-91.
o Chamon, M., ‘Some Consequences of a Brexit for EU Decentralised Agencies’, Brexit Institute News, 9 October 2019, accessible at http://dcubrexitinstitute.eu/…/some-consequences-of-a-brex…/
o Chamon, M., ‘The Common Approach’s promise of good governance: the issue of the agencies’ seat’, EU TARN, 22 November 2019, accessible at https://eutarn.blogactiv.eu/2019/11/22/the-common-approachs-promise-of-good-governance-the-issue-of-the-agencies-seat/
o Chamon, M., 'A constitutional twilight zone: EU decentralized agencies’ external relations' (2019) 56 Common Market Law Review 6, pp.1509-1548.
o Chamon, M., 'De Brexit en het oneindige uitstel', De Standaard, 30 October 2019, p.35.
o Chamon, M., 'Transparency and Accountability of EU Decentralised Agencies and Agencification in Light of the Common Approach on EU Decentralised Agencies', in: Garben, S., Govaere, I., Nemitz, P. (eds.), Critical Reflections on Constitutional Democracy in the European Union, Hart Publishing (2019), pp.245-266.
o Chamon, M., Demedts, V., 'Constitutional limits to the EU agencies’ external relations', in: Hofmann, H., Vos, E., Chamon, M. (eds.), The External Dimension of EU Agencies and Bodies - Law and Policy, Cheltenham, Edward Elgar (2019), pp.12-33.
o Hofmann, H., Vos, E., Chamon, M. (eds.), The External Dimension of EU Agencies and Bodies - Law and Policy, Cheltenham, Edward Elgar (2019), p.234.
o Chamon, M., 'Topbenoemingen aan de EU-instellingen', (2019) 67 SEW tijdschrift voor europees en economisch recht 10, pp.453-459.
o Chamon, M., 'Verplicht gemengd optreden van de Unie en de lidstaten binnen de Canberra Conventie ondanks het bestaan van een gedeelde bevoegdheid', (2019) 67 SEW tijdschrift voor europees en economisch recht 5, pp.250-258.
o Christiansen, T., Fromage, D., 'Brexit and Democracy - The Role of Parliaments and Citizens', Palgrave (2019).
o Dermine, P., 'Out of the Comfort Zone? The European Central Bank, Financial Assistance, Independence and Accountability' (2019) 26 Maastricht Journal of European and Comparative Law 1, pp.68-81.
o Dermine, P., Fromage, D., Nicolaides, P., Tuori, K., 'ECB Independence and Accountability Today – Towards a Necessary Redefinition' (2019) 26 Maastricht Journal of European and Comparative Law 1, pp.3-16.
o Dermine, P., Vandenbosch, S., 'A la loyale – Le sacre du principe de la loyauté fédérale dans la jurisprudence de la Cour constitutionnelle', in: Romainville, C., Verdussen, M., Les grands arrêts sur le partage des compétences dans l’Etat fédéral, Larcier (2019), pp.109-126.
o Fromage, D.,‘The European Parliament in inter-parliamentary cooperation and diplomacy’, in: Raube K., Bac, M., Wouters, J. (eds.), Parliamentary Cooperation and Diplomacy in EU External Relations - An Essential Companion., Edward Elgar (2019), pp.174-187
o Fromage, D., Ibrido, R., ‘Accountability and Democratic Oversight in the European Banking Union’ in: Schiavo, G. (eds.), The European Banking Union and the role of law, Edward Elgar (2019), pp.66-86.
o Fromage, D., Dermine, P., Nicolaides, P., Tuori, K., Special issue: 'The accountability of the ECB in a multilevel European order' (2019) Maastricht Journal of European and Comparative Law.
o Ott, A., Gatti, M., 'The EU-Turkey Statement: Legal nature and compatibility with EU institutional law', in: Carrera S., Strik T., Santos Vara J. (eds.), Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis, Edward Elgar (2019).
o Ott, A., 'De EU van 27+(uitbreiding), EU enlargement?', in: Heringa A. W., Schinkelshoek A. (eds.) Europa, Europa: Op weg naar de verkiezingen van mei 2019, Boom juridisch (2019).
o Peeters, M., Müller, M., 'Private control of public regulation: A smart mix? The case of Greenhouse Gas Emission Reductions in the EU', in: Van Erp J., Faure, M., Nollkaemper A., Philipsen N. (eds.), Smart Mixes for Transboundary Environmental Governance, Cambridge University Press (2019), pp.259-284.
o Röttger-Wirtz, S., Eliantonio, M., ‘From integration to exclusion - EU composite administration and gaps in judicial accountability in the authorisation of pharmaceuticals’ (2019) 10 European Journal of Risk Regulation 3, pp.393-411.
o Van der Mei, A. P., 'Fixed-Term work: Recent developments in the case law of the Court of Justice of the European Union' (2019) 10 European Labour Law Journal 4, accessible at https://doi.org/10.1177/2031952519883487
o Volpato, A., ‘Controlling the Invisible: Accountability Issues in the Exercise of Implementing Powers by EU Agencies and in Harmonised Standardisation’ (2019) 12 Review of European Administrative Law 1, pp.75-96.
o Waddington, L., Broderick, A., 'The UN Convention on the Rights of Persons with Disabilities in Practice, A Comparative Analysis of the Role of Courts' (2019) 1 Handicap & Recht, pp.3-8.
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