Asser Today / Vol. 7 / Issue no. 4 / June - July 2016 * * * ▪ News & Events▪ Research▪ Asser Today Special – First Policy Brief published on SSRN

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Asser Today / Vol. 7 / Issue no. 4 / June - July 2016

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News & Events



The External Dimensions of the EU Area of Freedom Security and Justice (AFSJ)
A Constitutional Perspective

Dr Claudio Matera, former European law researcher at the Asser Institute, defended his PhD dissertation to great success at the University of Twente on 29 June 2016. Next to his solid contribution to scholarship, Claudio had participated in various projects, trainings and events organised by the Asser Institute between 2008 and 2015. Dr Matera is currently an assistant professor at the University of Twente.

Claudio

Dr Claudio Matera, assistant professor at the University of Twente

The purpose of the dissertation was to analyse the externalisation of the AFSJ from a constitutional perspective, i.e. by looking at the agreements concluded by the EU in the AFSJ domains through the lenses of the EU’s constitutional foundations. To do so, the following research question was identified: To what extent is the development of the external dimension of the European Union’s Area of Freedom, Security and Justice compatible with the constitutional foundations of the EU? The research took off from two distinct but connected developments: firstly, the proactive attitude of the EU institutions to develop an external dimension of the AFSJ and, secondly, a number of decisions of the CJEU that were questioning the constitutional legitimacy of such policy and its implementation.

With solid research and analysis through six parts and fourteen chapters, the conclusions answer the main research question in the following manner: “The external projection of the EU’s AFSJ is compatible with the foundations of the EU legal order only to the extent that every AFSJ-related agreement respects the division of competences existing between the EU and the Member States, the prescribed decision-making procedures, and guarantees judicial review to individuals”. The concluding comments are further developed to touch upon each element mentioned above and take into account the different specificities of the AFSJ fields. Lastly, the conclusions also put the findings of the dissertation in the broader perspective of the European integration process.

A commercial edition of the dissertation will be published with Springer/T.M.C. Asser Press in 2017.



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Vacancies at the Asser Institute

Postdoctoral researcher

The institute invites applications for a postdoctoral researcher, to strengthen research capacity in its research strand on ‘Advancing Public Interests in International and European law’ within the Research Agenda ‘International & European Law as a Source of Trust in a Hyper-connected world’. >>Read more

Intern: The Centre for the Law of EU External Relations

The Centre for the Law of EU External Relations (CLEER), hosted by the Asser Institute, is looking for an intern starting in September 2016 for a period of at least three months, preferably full-time. >>Read more


Upcoming events


Past events


Conference on the Establishment of the European Public Prosecutor’s Office: State of Play and Perspectives


On 7 and 8 July 2016, the Asser Institute hosted a one and a half day Conference on the Establishment of the European Public Prosecutor’s Office (EPPO): “State of Play and Perspectives”. The event was organised by the Asser Institute and Leiden University, and financially supported by the European Anti-Fraud Office (OLAF). The conference drew 80 participants, including civil servants from the EU and its Member States, judges, prosecutors, academics and practicing lawyers. Leading experts in Europe provided their views on the challenges concerning the establishment and functioning of the EPPO, followed by discussions among panel members and with the audience. Many participants also expressed positive comments during and after the conclusion of the event. >>Download the Conference Report


EPPO Conference July-2016 22

Expert panelists during the session 'Summa summarum: Assessing EPPO’s raison d’être in the light of the debates'


HILAC Lecture: The ICRC updated Commentaries: legal developments and novelties to enhance respect for IHL - 6 July 2016.
Sports Law Lecture and Book Launch - 6 July 2016.
SCL Lecture: The International Criminal Court at the Mercy of Powerful States - 29 June 2016.
Seminar: To Brexit or not to Brexit? Legal implications of the UK's EU referendum - 14 June 2016.
SCL Lecture: Lessons from Hybrid Courts - 8 June 2016.


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Research


Asser Today Special – First Policy Brief published on SSRN


On 20 July 2016, the very first Asser Policy Brief was published. In their Brief, entitled ‘From the Bataclan to Nice: A Critique of France's State of Emergency Regime’, Asser researchers Bérénice Boutin and Christophe Paulussen analyse the state of emergency regime that was declared by the French Government immediately after the November 2015 attacks, and tie it to France’s legislative response to terrorism more generally. They observe that, at various levels, serious human rights concerns arise which are detrimental to the fight against terrorism. In conclusion, concrete policy recommendations are offered to address these concerns. This Brief is the first of a series of policy-orientated papers written by researchers of the Asser Institute and aimed at providing concrete solutions to burning problems of international and European law.

Papers on SSRN


Publications


B. Boutin - From the Bataclan to Nice: A Critique of France's State of Emergency Regime (with C. Paulussen), ASSER Policy Brief, No. 2016-01, July 2016.


A. Duval - Edited Volume (with B. Van Rompuy) The legacy of Bosman, Asser Press, Springer.


A. Duval - The FIFA Regulations on the Status and Transfer of Players: Transnational Law-Making in the Shadow of Bosman in The legacy of Bosman, Asser Press, Springer, pp. 81-116.


A. Duval - Getting to the games: the Olympic selection drama(s) at the court of arbitration for sport, The International Sports Law Journal, July 2016, Volume 16, Issue 1, pp. 52–66.


A. Duval (et al.) - The World Anti-Doping Code 2015: ASSER International Sports Law Blog symposium, The International Sports Law Journal, July 2016, Volume 16, Issue 1, pp. 99–117.


C. Paulussen - From the Bataclan to Nice: A Critique of France's State of Emergency Regime (with B. Boutin), ASSER Policy Brief, No. 2016-01, July 2016.


I. Querci (Asser visiting research fellow) - Article “Le osservazioni proposte dall’Unione europea in una procedura consultiva davanti all’ITLOS in una recente sentenza della Corte di Giustizia”, Journal “Il Diritto Marittimo”, June 2016.



Presentations


B. Boutin - Invited to participate in an expert roundtable on “Aiding and Assisting: Challenges in Armed Conflict and Counterterrorism” at the Chatham House, London, 27 June 2016.


W. Douma - Lecture on “CJEU jurisprudence on post-legislative REACH guidance" and participated in the group discussions at the yearly meeting of the Network of European Environmental Lawyers (NEEL), Madurodam, The Hague, 2 June 2016.


A. Duval - Presentation on “What Lex Sportiva Tells You about Transnational Law” at the Conference: Jessup’s Bold Proposal Engagements with ‘Transnational Law’ after Sixty Years, Transnational Law Institute, King's College London, 1-2 July 2016.


A. Duval - Lecture on “Legal Academia 2.0: Social Media, Blogging and Open Access”, School of Human Rights Research, Utrecht University, 7 June 2016.


G. Gordon - Presentation on “Time scales in transnational law" for the workshop and book project: Backstage Practices of Transnational Law, Vrije Universiteit Amsterdam, 30 June - 1 July 2016.


G. Gordon - Discussant for papers concerning the respective legal cultures of the CJEU and Constitutional Courts of Member States, and legal practices conducive to developing authority in developing issue-areas of international law, for a Seminar at the Vrije Univeristeit Amsterdam, 16 June 2016.


D. Jancic - Presentation on “Institutionalising Transatlantic Business: Financial Services Regulation in TTIP" at the Conference: Transatlantic Relations and Institutionalisation, Institute for the Study of European Law, City Law School, City University London, July 2016.


D. Jancic - Course on “EU Law Fundamentals” at the Hague Academy of International Law, Peace Palace, The Hague, 31 July 2016.


A. Meij (Asser visiting research fellow) - Introduced the theme “National Res Judicata in EU State Aid Law" at the annual Expert Forum of the European State Aid Law Institute, Brussels, 9 June 2016.


J. Nijman – Paper presentation on “Ius gentium et naturae: between fear and trust” at ‘History/Law/Politics: A Workshop on History and Politics of International Law’ organised by the Buffett Institute for Global Studies, and the International Law/International Organization Working Group of Northwestern University, Chicago, 3 June 2016.


J. Nijman – Discussant and Chair of “The Right to the City” Panel at ICON Conference at the Humboldt University in Berlin, 17-19 June 2016.


T. Takacs - Lectures on 1) Human Rights Protection in Europe, Judicial remedies in the legal order of the EU, and 2) European and International human rights safeguards and comparative constitutional practices at the Summer School on Constitutional and Human Rights law, organised by the Constitutional Court of Georgia and Ilia State University, Batumi, 25 July 2016.



Asser Research Seminars & Luncheons


O. van Maren: Prioritisation in State aid control: Filtering out “unwanted” complaints - 8 September 2016.


J. Nijman: ‘A Question of Trust’ in (international) legal thought - 13 July 2016.


G. Gordon: Questioning the conflict of laws paradigm in transnational legal discourse - 23 June 2016.


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Projects


EP Study - The inclusion of financial services in EU free trade and association agreements: Effects on money laundering, tax evasion and avoidance

The Asser Institute and the University of Groningen conducted a study for the European Parliament about the inclusion of provisions on financial services in EU Free Trade and Association Agreements (EU FTAA) and the impact of these provisions on money laundering, tax evasion and elusion. The study assessed the relevant provisions of the EU FTAA with Mexico, South Africa, Serbia, South Korea and Colombia & Peru. Researchers from the Asser Institute who worked on this study are Wybe Th. Douma, Onur Güven, Davor Jancic, Luca Pantaleo and Steffen van der Velde. They collaborated with researchers from the University of Groningen, Olha O. Cherednychenko and Heinrich B. Winter. The study will soon be made available on the Asser website.

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Education


The Asser Institute has a long-standing experience in delivering postgraduate training programmes and disseminating knowledge in the field of international law.


Upcoming Trainings


Together with partners from complimentary fields, the institute has developed unique summer programmes in different areas of international law:

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T.M.C. Asser Press


Recently successful and well attended book launches were organised for three T.M.C. Asser Press publications:

The book Foreign Fighters under International Law and Beyond, edited by Prof. Andrea De Guttry, Dr Francesca Capone and Dr Christophe Paulussen, was launched at the Scuola Superiore Sant’Anna in Pisa on 24 May 2016. A few days later, the Asser Institute hosted the launch of this book and a subsequent panel discussion. >>Read more


The presentation of The Extraordinary Chambers in the Courts of Cambodia - Assessing their Contribution to International Criminal Law, edited by Simon M. Meisenberg and Dr Ignaz Stegmiller, took place on 8 June 2016 in combination with a SCL Lecture. The keynote lecture was held by Dr Fidelma Donlon, Registrar, Kosovo Specialist Chambers, on ‘Lessons from Hybrid Courts: The Kosovo Specialist Chambers’.


SLC Hybrid BL Cambodia 2016 0128

Mr Simon M. Meisenberg, Dr Fidelma Donlon and Dr Ignaz Stegmiller

Evidence in Anti-Doping at the Intersection of Science & Law, written by Dr Marjolaine Viret, was launched at the Asser Institute on 6 July 2016. The launch was followed by Dr Viret's lecture 'Anti-doping in the wake of the Meldonium cases: How to balance scientific complexity and legal fairness'. >>Read more



On 31 May 2016, Prof. Dr Ernst M.H. Hirsch Ballin and Dr Flora Goudappel presented Democracy and Rule of Law in the European Union - Essays in Honour of Jaap W. de Zwaan to Prof. Jaap de Zwaan, who retired from the Erasmus School of Law of the Erasmus University Rotterdam in March 2014. Prof. De Zwaan has contributed in significant ways to the development of European law and thus European integration, and is regarded as a highly valued colleague in both personal and professional terms.

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Prof. Dr Ernst Hirsch Ballin, Prof. Jaap de Zwaan and Dr Flora Goudappel


On 21-23 June 2016, the conference 'The International Law of Military Operations: Mapping the Field', organised by The International Society for Military Law and the Law of War and Exeter Law School, was held in Exeter. The aim of the event was to deepen the understanding of the international law of military operations from a comparative and practical perspective. T.M.C. Asser Press was represented at this event by its publisher Frank Bakker. A stand showcasing some of T.M.C. Asser Press’ latest publications in this area drew a lot of attention of the participants, all experts in the field.


Cover 978-94-6265-120-3

Recently published by T.M.C. Asser Press:

ASSER International Sports Law Series
THE LEGACY OF BOSMAN
Revisiting the Relationship between EU Law and Sport
Antoine Duval · Ben Van Rompuy Editors

With a foreword by Prof. Dr Carl Otto Lenz, Advocate General at the Court of Justice in the Bosman case.

In December 1995, the Court of Justice of the European Union delivered its judgment in its most famous case to date: the Bosman case. Twenty years later, leading academics in the field explore thoroughly, in ten contributions, how this landmark judgment legally and politically transformed the relationship between the European Union and sport. The book’s innovative perspectives on the Bosman ruling makes it an important reading for scholars, practitioners and policy-makers concerned with EU law and sport.


The book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr Ben Van Rompuy, Dr Antoine Duval and Marco van der Harst LL.M.


www.asser.nl/978-94-6265-119-7
Print ISBN 978-94-6265-119-7
XVIII + 250 p., hardcover, EUR 114,99
EBook/Online ISBN: 978-94-6265-120-3


DISTRIBUTED FOR T.M.C. ASSER PRESS BY SPRINGER
For ordering information (book and eBook) please click here.
Read this book on SpringerLink.


www.asserpress.nl | press@asser.nl

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Newsletter of the T.M.C. Asser Instituut


Editors:
Marloes van Hooijdonk
Janne Nijman

The editors retain the privilege not to publish received copy.

The T.M.C. Asser Instituut is a centre of expertise in the fields of public international law, private international law, and European law. It fulfils an important role in undertaking fundamental and independent policy-oriented research and providing a platform for international cooperation and partnering in fields of law at the cutting edge of academia and practice.

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