Preliminary Rulings Under Article 267 TFEU – Using It and Applying it in Cyprus
- Νομοθεσία, Νομική & Δικηγόροι
ΠΕΡΙΓΡΑΦΗ
The seminar is an online course, funded by the HRDA and offers 8 verified CPD points by the Cyprus Bar Association. By the end of the seminar, participants will be able to:
Aims of the seminar:
- To understand and explain article 267 TFEU
- To understand and explain article 267 TFEU contents
- To understand why article 267 TFEU and its procedures are important
- Be able to use the preliminary referencing procedures
- To develop practical skills in order to use preliminary referencing in the European Union Court
- To develop practical skills in order to use preliminary referencing in Cyprus Courts
ΣΚΟΠΟΣ ΣΕΜΙΝΑΡΙΟΥ
Why this seminar is important for you?
- The participants of the seminar will gain knowledge relevant to Article 267 TFEU and preliminary rulings
- They will develop knowledge and practical skills to ensure that an EU law has the same meaning in the Member states.
- They will develop practical skills regarding the procedures used in cases where the interpretation or the validity of an EU law is in question
- Participants will learn the obligations of the member states and national courts in the context of the referral process and how it affects the right to effective judicial protection.
- Practical advice will be given on the referral process and appearing before the court.
ΣΕ ΠΟΙΟΥΣ ΑΠΕΥΘΥΝΕΤΑΙ
- Lawyers
- Advocates
- Trainee lawyers
- Corporate administrators
- Other professional and or paralegal.
ΠΕΡΙΣΣΟΤΕΡΕΣ ΠΛΗΡΟΦΟΡΙΕΣ
Course Content
UNIT 1: What does article 267 TFEU provide.
- Introduction of the course and explanation
- Trainer introduction
- Student introduction
- Explanation of article 267 TFEU and its contents
- Why is the use of the preliminary referencing procedures important
- Case study examples from the European Union and Cyprus
- Purpose of preliminary referencing and function of preliminary referencing according to EU institutions and ECJ
- The procedure set out in Cyprus law and EU law for preliminary referencing
- Case studies and practical exercises.
UNIT 2: Jurisdiction of the ECJ in preliminary referencing procedure.
- Explanation of jurisdiction of the ECJ
- ECJ Case law regarding ECJ jurisdiction
- Cyprus case law on jurisdiction issues.
- Case studies
- Practical exercises.
- Explanation of when ECJ can exclude its own jurisdiction
- Relevant ECJ case law
- Case studies and practical exercises.
UNIT 3: When can a national court request a preliminary ruling
- According to ECJ cases, EU cases and use in other jurisdictions
- Important cases where preliminary reference guidelines have been developed
- How these cases have been applied
- Explain when Cyprus national courts must apply for a reference
- Doctrine of Acte Claire using case law
- The application of doctrine of Acte Claire in Cyprus
- When Cyprus courts have discretion
- How has this discretion been applied in Cyprus
- Case studies
UNIT 4: Arguing the need for preliminary reference in your case before court.
- Practical advice on requesting a preliminary reference
- Advice on how to structure an application and arguments
- Case studies
- Practical exercises
- Group discussion
- how to apply in Cyprus
Group Quiz
Course Methodology
Live distance learning via Zoom. This method enables the instructor to continuously assess the receptivity of the trainees and to be constantly updated accordingly. During the training, appropriate techniques will be developed and assist the subject of training. The lecture and the regular discussion challenge are the main pillar of the training techniques in this program.
Trainer: Κα. Αναστασία Καρατζιά
Πληροφορίες Εκπαιδευτή
Αναστασία Καρατζιά - Law Lecturer and Trainer, Expert in EU Law, Competition Law and Banking
After completing her PhD studies at the School of Law, University of Surrey, Anastasia was Assistant Professor in EU law at Erasmus University Rotterdam before joining Essex School of Law in 2017. She is a fellow of the UK Higher Education Academy since 2015. Anastasia's research focuses on two streams: Citizens' participation in European law and decision-making (with a focus on the European Citizens' Initiative), and financial/ banking law. Her doctoral thesis examined in depth the legal framework of the European Citizens' Initiative, and the operation of this participatory mechanism in practice. She has also researched extensively the litigation surrounding the Cyprus bail-in of 2013, and she has written on the European Stability Mechanism and the Eurogroup. She has published on the legal framework of the European Citizens' Initiative; the litigation surrounding the European Citizens' Initiative; the transparency of the European Central Bank; the post-eurozone crisis litigation; the role of the Commission and the ECB in the European Stability Mechanism; and the legal nature of the Eurogroup. She is a member of the EU Law Experts Network for the newly founded EU Law Live.
She has worked in the FP-7-funded project Rediclaim, and in consulting projects for the European Parliament, and she has presented her work on the European Citizens' Initiative at the offices of the European Ombudsman. In May-June 2017 Anastasia was an International Visiting Research Fellow at Liverpool Law School. Together with Dr. Theodore Konstadinides, she is the joint recipient of a scholarship under the prestigious European Central Bank Legal Research Programme 2018, under which they conducted and published their research on the legal nature of the Memoranda of Understanding signed by the European Central Bank. Anastasia is teaching Banking Law and Competition Law at the UG and PGT level, and EU law at the UG level. She has acted as the director of the third-year Capstone project module between 2018-2020. Together with Dr. Andrea Fejos, she is running the Customer Welfare project at the School of Law's clinic. Anastasia welcomes approaches for supervision from prospective PhD students, especially in the fields of EU participatory democracy, especially concerning the European Citizens' Initiative, as well as topics surrounding Article 11 TEU, and the role of the CJEU in EU participatory democracy, and on the EU Banking Union, particularly on the role of the European Central Bank in the Single Supervisory Mechanism, and on the accountability of institutional actors involved in financial assistance mechanisms such as the European Stability Mechanism.
Qualifications
- PhD in Law University of Surrey, (2015)
- LLM in Commercial and Corporate Law Queen Mary University of London, (2012)
- LLB Law University of Surrey, (2011)
Appointments
- Assistant Professor in EU Law, Department of International and EU law, Erasmus University Rotterdam (1/12/2015 - 1/12/2017)
- Research Fellow, REDICLAIM (FP7-funded) project, School of Law, University of Surrey (1/5/2014 - 1/1/2016)
- Associate Lecturer, School of Law, University of Surrey (1/10/2013 - 1/7/2015)
Αναλυτικό Κόστος Σεμιναρίου
Για Δικαιούχους ΑνΑΔ
- € 300.00
- € 136.00
- € 57.00
- € 164.00
Για μη-Δικαιούχους ΑνΑΔ
- € 300.00
- € 0.00
- € 57.00
- € 300.00
Κοστολογικές Πληροφορίες
Προσφέρεται 30% έκπτωση σε όσους δεν μπορούν να επωφεληθούν από την επιχορήγηση της ΑνΑΔ.
ΠΡΟΓΡΑΜΜΑ ΣΕΜΙΝΑΡΙΟΥ
Δευτέρα - 22 Μαΐου 2023
Ώρα
17:00 - 19:00
ΕΚΠΑΙΔΕΥΤΗΣ:
Αναστασία ΚαρατζιάΤοποθεσία:
OnLine Virtual Classroom
Τετάρτη - 24 Μαΐου 2023
Ώρα
17:00 - 19:00
Τοποθεσία:
OnLine Virtual Classroom
Παρασκευή - 26 Μαΐου 2023
Ώρα
17:00 - 19:00
Τοποθεσία:
OnLine Virtual Classroom
Τρίτη - 30 Μαΐου 2023
Ώρα
17:00 - 19:00
Τοποθεσία:
OnLine Virtual Classroom