Procedural Law and Procedural Justice in EU Law
Prof. Loïc AZOULAI and Prof. Giorgio MONTI
Thursday, 15.00-17.00, Sala Triaria
Administrative Assistant: Annick Bulckaen
Starts on 6 October 2011
6 credits
Seminar description
Procedures govern and limit the way EU Law operates. Rather poor in legal concepts and categories, EU law is rich of proceedings and procedural rights. Yet, there is a lack of general and specific reflection on the forms and principles of procedural law in the EU. The seminar will explore the broad field of EU Administrative Law and Criminal Law, with a special interest in competition law proceedings. Topics for discussion will include: Commission enforcement proceedings, procedural and participation rights, composite proceedings involving national and supranational authorities, the role of expertise, judicial protection and national procedural autonomy, models of procedural justice.
For each session you will be assigned a set of cases and materials to read and the seminar will be a structured discussion of the materials set. You will be asked to write short reaction commentaries on the readings set as a way of stimulating discussion
Introduction
I. Theoretical Foundations
A. Proceedings/Processes/Procedures
B. Theories of Procedure: Three oppositions (Bentham/Montesquieu, Luhmann/Habermas, Summers/Posner)
II. EU Legal Framework Applicable to Procedures
A. A map of procedures
B. Relevant principles of EU Law
PART I – Procedural Rights
III. The Rights of the Defence
A. The nature of Competition Law procedures
B. Scope & Limits of procedural fairness
IV. Good Administration: Right or Privilege?
A. An Old principle for a New law (Art. 41 Charter of FR)
B. Good administration for complainants?
V. Effective judicial protection: A Right to an effective judicial review?
A. Standards of Judicial Review in EU Law
B. Standards of Proof: the EU Law of Evidence
PART II – Procedural Contexts
VI. Informal Procedures
A. Commitments, settlements: the cooperative nature of informal procedures
B. The adverse effects of informal procedures
VII. Participation
A. Participation rights: Scope & limits
B. The Role of the Court in New Governance
VIII. Authorization Procedures
A. European authorization procedures: Is there a Right to Scientific Expertise?
B. National authorization procedures: Procedure as Equity?
PART III – Complex Procedures
IX. Networks
A. Legal and Non-legal concepts of Network
B. Legal problems raised by the EU competition network
X. Composite procedures
A. Mixed Administrative procedures
B. Transnational administrative & judicial procedures
Practical Information
Areas covered by the seminar: EU constitutional and administrative law, antitrust law, state aid law, law of social regulation (food, environment, health…), comparative administrative law, civil and criminal cooperation law.
Each seminar will begin by an introduction by L. Azoulai or G. Monti.
For each session seminar participants will be assigned a set of cases and materials to read. The seminar will be a structured discussion of the materials set.
Participants will be asked to write short reaction commentaries (1-2 pages) on the readings set or some selected pieces of it as a way of stimulating discussion.
Presentations by seminar participants on topics related to the seminar or to their own research interests are most welcome.