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CJC Newsletter January 2016
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Editorial

An overview of two new CJC projects 

ACTIONES project by Fabrizio Cafaggi 

As Project Director, I am pleased to present the new CJC project “ACTIONES - Active Charter Training through Interaction Of National ExperienceS”, co-financed by the Fundamental Rights and Citizenship Programme 2014 of the European Union.
ACTIONES is a two years project, aimed at enhancing the use of judicial dialogue techniques as a tool to improve the effective implementation of the Charter of Fundamental Rights of the European Union and to ensure adequate remedies in case of violation.

The underlying assumption of ACTIONES project is the fact that in order to achieve a high and coherent standard of fundamental rights protection, mere knowledge of the Charter of Fundamental Rights is not sufficient. Rather, judges, at any level and branches of enforcement, are asked not only to master the jurisprudence of the Court of Justice on the scope and application of the Charter, but also to be able to adopt shift procedural solutions that take into account the effects their decisions may have on vulnerable categories of individuals.
ACTIONES aims at providing judges, and legal practitioners, an easy-to-use toolkit through which they will become familiar with the techniques of vertical and horizontal judicial interaction, ensuring the effective implementation of the Charter and adequate remedies to its violations. The outputs of the project, as a matter of fact, include a modular Handbook, a Database and documents on training methodology that will make legal practitioners fully aware of the potential inherent in the Charter, and able to exploit it.
In order to achieve these objectives, and as a result of the approach adopted by the CJC in all its projects, ACTIONES involves equally academic institutions as well as national institutions entrusted with the task to train judges and lawyers, and a European-wide association of judges. The Universities of Uppsala, Parma, Amsterdam, Lubjiana and Pompeu Fabra and the College of Europe and EIUC will work side by side with national training institutions from Croatia, Estonia, Italy, Poland, Romania, Slovenia and Spain so as to create a platform of exchange and mutual learning. The academics will put their knowledge on the Charter at the service of legal practitioners, by adjusting the toolkit to the practical needs of the latter. Through discussion with academics and colleagues from different Member States regarding their difficulties or good practices, legal practitioners will deepen their understanding of the Charter and equip themselves of new instruments and notions to use it effectively.
ACTIONES will involve judges providing training regarding the implementation of EU Charter, thus if you are interested to participate please look at the Call for Judges on the CJC website.  


REDIAL project by Philippe De Bruicker 

REDIAL project, co-funded by the European Commission (DG Home) , in cooperation with the Centre for Judicial Cooperation (CJC) and the Odysseus Academic Network, intends to facilitate horizontal judicial dialogue among the national judges involved in return procedures. Its main purpose is to enhance the effective implementation of the Return Directive (2008/115/EC) through judicial cooperation among courts from all EU Member States. The starting premise of the Project is that judicial cooperation contributes not only to cross-fertilization of relevant national and European case-law, but also to an increase in legitimacy of judicial review of return decisions.  
Within this context, the first thematic workshop of the project was held in Florence on the 2nd and 3rd of October 2015 and gathered highly qualified judges from 19 Member States, specialised professors, researchers and legal experts working on return and migration law at both European and national level The REDIAL national-case law DATABASE, 11 National Reports, and the European Synthesis report were presented by the MPC REDIAL team (Prof. Philippe de Bruycker, Dr. Madalina Moraru, LL.M Geraldine Renaudiere). 
On 14-16 April 2016 a second thematic workshop will be held in Brussels discussing the European jurisprudence on the implementation of Chapter III of the Return Directive on Procedural Safeguards, including one day being specifically dedicated to the presentation of the training module addressed to the national judges dealing with return cases. 
REDIAL is expected to become an important instrument to assist national judges and legal practitioners in the application of the Return Directive. You may contribute by sending us cases, adjudicated in your Member State by a court in which the Return Directive played a role. Such cases should be sent at the mail address of the Project team members: Geraldine.renaudiere@eui.eu or madalina.moraru@eui.eu. 


 
What has been done between April 2015 and January 2016: 
  • Charterclick! project 
    • The second Consortium Meeting was hosted on September 25 by the Italian Institute of Legal Information Theory and Techniques (ITTIG), which is also a partner to the Project. 
      The colleagues from ITTIG presented the official CharterClick! website, which can be visited at www.charterclick.eu. This contains several information the Project’s background and objectives, its working phases, and the members of the Consortium. 
      After the discussion regarding the first outcomes of the research through the national case law on the application of the Charter, the partners took a set of decisions on the following steps for the implementation of the Project. In particular, the partners agreed that an event devoted to exploring the experiences of European NHRBs with the application of the Charter will be organised by the Centre for Judicial Cooperation on 18 March 2016, within the EUI premises.
  
  • Actiones project
    • Kick-off meeting of the Project was held on November 16 at the European University Institute and was the first occasion for the representatives of the partners to meet and discuss the best strategies to address the main problems that the judges face so as to guarantee the highest protection to fundamental rights. The representatives of the partner organizations were asked to provide their views and suggestions as regards the main issues that will guide the research activity throughout the two years of the project.
 
  • Redial project 
    • The first REDIAL thematic workshop was held in Florence on the 2nd and 3rd of October 2015 and gathered highly qualified judges from 19 Member States, specialised professors, researchers and legal experts working on return and migration law at both European and national level. It mainly provided a platform for discussion, exchange of knowledge and information about the judicial interpretation and application of Chapter II of the Return Directive. Based on the national case law database, 11 national reports, and the draft European Synthesis report presented by the MPC REDIAL team (Philippe de Bruycker, Madalina Moraru, Geraldine Renaudiere), participants had the opportunity to discuss and debate the key issues and legal concepts covered by the first package of the Directive’s provisions, namely those concerning the termination of illegal stay.  
 
  • Remedies project 
    • The questionnaire on administrative enforcement drafted in collaboration with the Association of European Administrative Judges was tested through the help of administrative judges in 10 countries. The results of this first round were presented by prof. Cafaggi, Mateusz Grochowski and Iwona Rzucidlo-Grochowska at the Meeting of the Working Group on Independence and Efficiency in Utrecht, on April 23-24. 
 
Participation to events: 
  • Presentation of CharterClick project at the event "La difesa civica in Italia: Secondo rapporto annuale" - 26 September - Rome 
    • presentation by Dr Federica Casarosa of the project with a specific attention given to the essential role played by National Human Rights Bodies in the implementation of Charter rights. 
  •  Presentation of the Redial project at the Working group of AEAJ 
    • presentation by Dr Madalina Moraru and Geraldine Renaudiere 
What is to come: 
  • CharterClick project 
    • Workshop The Charter in the everyday activity of the National Human Rights Bodies: experiences, problems, perspectives - 18 March, at European University Institute. The Workshop is dedicated to discussing the use of the Charter in the everyday activity of the NHRBs. Prior to the Workshop a questionnaire was circulated among the associate NHRB and institutions as well as other European NHRBs. The data collected will be discussed during the Workshop, for the purpose to elaborate a document on good practices which will be publicly available on theCharterClick! website and on the FRA website.
  • Redial project 
    • II Workshop on the judicial application of the Return Directive - 14-16 April, in Brussels. The event will address the European jurisprudence on the implementation of Chapter III of the Return Directive on Procedural Safeguards, including one day being specifically dedicated to the presentation of the training module addressed to the national judges dealing with return cases. 
  • ACTIONES project 
    • I Transnational training event - 2-3 May 2016 on consumer protection, at European University Institute. The event will involve 30 judges selected by the EUI and the national training institutions part to the project. Call for judges to be published on the CJC website on February 2016. CALL FOR JUDGES now open. 
    • II Transnational training event - 27-28 June 216 on migration and asylum law, at European University InstituteThe event will involve 30 judges selected by the EUI and the national training institutions part to the project. Call for judges  to be published on the CJC website on February 2016. CALL FOR JUDGES now open. 
  • Centre for Judicial Cooperation – European University Institute
  • Villa Schifanoia – Via Boccaccio 121, IT-50133 Florence, Italy
  • For further information contact:
    Madalina Moraru and Federica Casarosa: Telephone: (+39) 055 4685494 (Int. 2494) - Fax: (+39) 055 4685200 (Int. 2200)
  • For further information on ACTIONES project contact: 
    Claudia de Concini: Telehone (+39) 055 4685267 (int. 2267) - Fax: (+39) 055 4685200 (Int. 2200) Email: claudia.deconcini@eui.eu 
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