Call for Papers

THE PRELIMINARY REFERENCE TO THE COURT OF JUSTICE OF THE EUROPEAN UNION

BY CONSTITUTIONAL COURTS

Seminar in memoriam of Gabriella Angiulli

organised by

the Centro di Studi sul Parlamento, LUISS Guido Carli of Rome,

in co-operation with the Centro interdipartimentale di ricerca e formazione

sul diritto pubblico europeo e comparato, University of Siena

28th & 29th March 2014

Venue: LUISS Guido Carli, Rome, Italy

Organizers: Maria Dicosola, Cristina Fasone, Irene Spigno

In an age of globalisation of markets, policies and law, European integration is undergoing an extraordinary expansion. This process, far from involving only the harmonisation of national legislation according to common principles, is underpinning the transformation of the nature of the European constitutional systems. According to many distinguished scholars, in fact, a multilevel system of sources and courts is re-defining the boundaries of European Law, which has now an inherent constitutional dimension.

Within this framework, the phenomenon of the so called ‘dialogue’ between domestic and European courts is particularly relevant. The ‘dialogue’ should be ‘taken seriously’ as far as it is generating a wide impact on the protection of fundamental rights of the individuals. Amongst the tools of cooperation between European Courts, the preliminary reference to the Court of Justice of the European Union (CJEU) by the Constitutional Courts is crucial.

Indeed, by their very nature, Constitutional Courts are sui generis courts because of their procedures of appointment, composition and functions, and most of them in the EU Members States have been engaged in a direct – by means of the preliminary reference procedure, as also the recent engagement of the French Conseil Constitutionnel (Decision n. 2013-314P QPC, 4th April 2013) and the Spanish Tribunal Constitutional (Order ATC 86/2011, 9th June 2011) shows us – or indirect ‘dialogue’ with the Court in Luxembourg, as regards the German Bundesverfassungsgericht (Decision n. BVerfGE 37, 271, 19th May 1974, and Decision n. 2 BvR 2661/06, 6th July 2010). The CJEU and the national Constitutional Courts often agree on the interpretation of EU Law and national (constitutional) law, but sometimes a clash of jurisprudences does appear, especially when it comes to balancing rights with the objectives of the European integration (see the examples of the European Arrest Warrant, of the Data Retention Directive, and ultimately of the enforcement of the Charter of Fundamental Rights in the EU, as in the Melloni case: Case C-399/11, 26th February 2013).

This issue was the topic of the Ph.D. thesis assigned to Gabriella Angiulli, to whom the conference is dedicated. Gabriella Angiulli was Ph.D. student at the University of Siena and teaching assistant at LUISS Guido Carli, where she graduated with a dissertation in Comparative Public Law in 2008.

The Conference will feature the participation of a number of distinguished scholars, including Thomas Beukers (European University Institute), Francesco Cherubini (LUISS Guido Carli), Monica Claes (Maastricht University), Melina Decaro (LUISS Guido Carli), Tania Groppi (University of Siena), Nicola Lupo (LUISS Guido Carli), Giuseppe Martinico (Centro de studios políticos y constitucionales-Scuola superiore Sant’Anna, Pisa), Oreste Pollicino (Bocconi University), Robert Schütze (Durham Law School), who have already confirmed their presence.

During the first day of the Conference (entirely in English), on Friday 28th March, the morning session will be devoted to the analysis by the invited scholars of the relationship amongst Constitutional Courts of the Member States, the CJEU, and the European Court of Human Rights; while the afternoon session will consist of a workshop of young scholars (PhD Students and Post-Doctorate Researchers) based on the presentations of the paper givers. The second day of the Conference (in Italian and in English), on Saturday 29th March morning, will deal with the Italian Constitutional Court’s attitude towards the preliminary reference proceedings.

The organizers invite the submission of paper proposals on the case-law of one or several Constitutional Courts in the EU Member States issuing preliminary references, or on a specific decision or set of decisions of Constitutional Courts on a particular subject (e.g. the constitutional identity of Member States) raised by preliminary references and rulings. Moreover, also abstracts on Constitutional Courts that have not issued a preliminary reference yet are welcome, possibly describing the relevant case-law in which a request for preliminary reference has been raised and why finally the tool has not been used.

ABSTRACT SUBMISSION PROCEDURE: Ph.D. Students and Post-Doctorate Researchers (who have completed their Ph.D. by no more than two years) interested in presenting a paper on this topic can submit an abstract (max. 500 words) and their CV by 22nd December 2013 at preliminaryreference@gmail.com. The results of the selection process will be notified by 10th January 2014 and the deadline for submitting papers at preliminaryreference@gmail.com will be 28th February 2014. Meals during the Conference and accommodation in Rome will be provided to the selected Speakers (the hotel will be reserved and paid for one or two nights depending upon logistics and travel origins).

Subject to a blind peer-review process, the papers submitted can be published in the LUISS School of Government Working Paper Series: http://sog.luiss.it/it/ricerca/working-papers.

For additional information, please contact Maria Dicosola (mdicosola@luiss.it), Cristina Fasone (cristina.fasone@eui.eu), or Irene Spigno (irene.spigno@unisi.it).