Centre for Comparative Law of Charles University in Prague and Institute for Austrian and European Public Law of Vienna University of Economics and Business
with kind support of Charles University and Europaeum
warmly invite you to
INTERNATIONAL CONFERENCE
EFFET UTILE
26 and 27October 2012
Charles University in Prague
Faculty of Law, Prague 1, nám. Curieových 7
room no. 117, first floor, right wing
The aim of the conference is to discuss the phenomenon of effet utile. Emerging as an interpretative technique in the practice of French courts, effet utile soonmade its way into the working methods of the European Court of Justice. In this new setting, paired with a teleological method of interpretation, it became a powerful tool for increasing the impact of the fragmented European law. Since then, effet utile has permeated many areas of law, ranging from constitutional and administrative to competition and corporate law. Many EU Member States courts adopted effet utile into their methodological arsenal.It can be argued that effet utile has became a sort of a value on its own right, undergoing a transformation froma mere interpretative tool to a general principle of law.
We will trace the origins of effet utile into French law and follow its development in specific areas of European law and practices of the EU Member States. In particular, we will look critically into the practice of the European Court of Justice that seems too often to call for effet utile when lacking more general guidelines. Ultimately, what is the essence of effet utile? Howshould it be applied and what is its relation to other techniques and principles?
PROGRAM OF THE CONFERENCE
Friday 26October
8.30 / Registration9.00 / Welcoming and introductory remarks
Session I: The concept of effet utile
9.15 / Origins of effet utile
Jean-Louis Bergel, Université d'Aix-Marseille III
9.45 / Effet utile as a method of interpretation
Michael Potacs, Wirtschaftsuniversität Wien
10.15 / Coffee Break
10.30 / Effet utile as a general principle of EU law
Pedro Cruz Villalón, Court of Justice of the European Union
11.00 / Discussion
Session II: Effet utile in EU practice
11.45 / Effet utile and the four freedoms
Rudolf Streinz, Ludwig-Maximilians-Universität München
12.15 / Differences in the effect of effet utile in the public and private EU law
Luboš Tichý, Charles University in Prague
12.45 / Lunch for the participants
14.15 / Effet utile and citizenship of the Union
Matthias Niedobitek, Technische Universität Chemnitz
14.45 / Effet utile in competition law
Wulf-Henning Roth, Rheinische Friedrich-Wilhelms-Universität Bonn
15.15 / Discussion
16.00 / Coffee Break
Session III: Effet utile in the Member States practices
16.15 / Effet utile in the delimitation of competences between Member States and EU
Tomáš Dumbrovský, Charles University in Prague
16.45 / Effet utile in the enforcement of EU law by national judiciaries
Jiří Zemánek, Charles University in Prague
17.15 / Discussion
17.45 / End of the first day
19.30 / Dinner for the participants
Saturday 27 October
Session IV: Effet utile beyond the European Union9.30 / Effet utile in the case law of administrative courts
Zdeněk Kühn, Supreme Administrative Court of the Czech Republic
10.00 / Effet utile in private law
Axel Metzger, Leibniz Universität Hannover
10.30 / Cofee Break
10.45 / Effet utile in corporate law
Friedrich Rüffler, Universität Wien
11.15 / Towards a general principle of law?
Robert Rebhahn, Universität Wien
11.45 / Discussion
12.30 / Concluding remarks
12.45 / End of the conference
13.00 / Lunch for the participants
Contact:
Mrs. Ludmila Nováčková, secretary
Centre for Comparative Law
Law Faculty of the Charles University in Prague
nám. Curieových 7
116 40 Prague 1
Czech Republic
Tel: +420 221 005 576
E-mail:
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