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Law and EU Forum

The purpose of the FIDE EU Law Forum is to offer a framework for debate and discussion on current issues related to the legal dimension of the integration process within the European Union, paying special attention to the points of friction between said transnational legal system and the national laws of the Member States, in particular Spanish. With this in mind, it brings together experts in the field, from the educational world, the courts of justice, public administrations, the Legal Profession and companies.

Sonsoles Centeno

Director.
Lawyer of the State-Chief before the Court of Justice of the European Union since September 1, 2019. Agent of the Kingdom of Spain before the Court of Justice of the European Union for ten years. Previously, State Attorney-Legal Counselor of the Permanent Representation of Spain to the European Union (Brussels) since February 2014, from which she has participated as part of the Spanish delegation in the process of withdrawal of the United Kingdom from the European Union ( "Brexit").

Joaquin Huelin

Director.
Cuatrecasas partner. Previously, he has been a Magistrate of the Contentious-Administrative Chamber, Supreme Court. Member of the Academic Council of Fide.

Mercedes pedraz

Director.
Magistrate in the Contentious-Administrative Chamber, National High Court. Judge since 1987, working first in the criminal and civil courts and since January 1992 in the National Court, in Madrid, dealing with antitrust cases, as well as other economic law cases. Regular professor of Competition Law and Community Law in Universities (Carlos III University, Menéndez Pelayo University, ICADE, San Pablo CEU University), as well as in the Spanish Authority for the Defense of Competition

Daniel Sarmiento

Director.
Professor of Administrative and European Union Law at the Complutense University of Madrid. Counsel, Uría Menéndez. He has previously been a lawyer at the Court of Justice of the European Union and is the author of several works, including “Judicial Power and European Integration” (Thomson-Civitas, 2004), “Administrative soft law” (Thomson-Civitas, 2007) or “ The control of proportionality of administrative activity ”(Tirant lo Blanch, 2004). Member of the Academic Council of Fide.

Publications

Discover all the publications, session summaries and other documents related to the activity of this forum:

28 October 2019

Speaker: Manuel Campos Sánchez-Bordona, General Counsel of the Court of Justice of the European Union.

Moderator: Joaquín Huelin, Partner, Cuatrecasas. Member of the Academic Council of Fide

Summary:

The judicial activity of the CJEU has been deployed mainly, during 2018 and in the course of 2019, in the areas of prosecution that could be classified as “ordinary”: the freedom of movement of people, goods, services and capital; border control, asylum and immigration; judicial cooperation in civil and criminal matters; defense of competition; intellectual and industrial property rights; the protection of personal data; public sector contracts; the transports; indirect taxation (VAT); social protection; consumer rights or the environment.

However, new jurisprudential developments emerge in matters that, until a few years ago, barely had access to the CJEU. These include, for example, those concerning the withdrawal of a Member State (Case C-621/18, of undoubted institutional relevance); the application of the Charter of Fundamental Rights of the European Union to relations between individuals (case C569 / 16); to monetary policy or to the banking union (Case C-219/17).

From another perspective, some decisions of the CJEU on the application of national law have opted for solutions that were hardly imaginable before, such as the direct annulment of a decision adopted by the national authorities (cases C-202/18 and C-238/18) or the precautionary measure, addressed to a Member State, to suspend the application of its internal rules on judicial organization (Case C-619/18).

Given this situation, it seems appropriate to review and reflect together on the direction that the CJEU jurisprudence is taking in recent years.

6 November 2019


Speakers:

  • Algeria Queralt, Serra Hunter Associate Professor of Constitutional Law, Faculty of Law, University of Barcelona
  • Fabio Easter, Professor of Administrative Law, UCM. Court lawyer and expert in European electoral law

Moderator: Daniel Sarmiento, Associate Professor, Complutense University of Madrid. Counsel, Uría Menéndez. Member of the Academic Council of Fide and Mariano Bacigalupo, Professor of Administrative Law at UNED and Counselor of the CNMC, member of the Academic Council of Fide.

Summary:

This session dealt with the complex issue of the status of MEPs in European Union law and its relationship with the criminal law of the Member States. The last elections to the European Parliament served as an occasion for this delicate issue to be raised in Spain, giving rise to the first preliminary ruling question raised by the Second Chamber of the Supreme Court in the Junqueras case.

In the session, the statute was analyzed from the double perspective of European law: on the one hand, in the light of the jurisprudence of the Court of Justice of the European Union and, on the other hand, from the perspective of the jurisprudence of the European Court of Rights Human, without forgetting the relevance for the case of the criminal law of the States.

 

Academic coordination: Victoria Dal Lago Demmi

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