fardeOn 23. and 24. March, 2017 the Supreme Court – Administrative department of the Republic of Slovenia and the Association of the Councils of State and Administrative jurisdictions of the European Union (ACA-Europe) hosted the seminar “Administrative sanctions in European law” where representatives of the Supreme administrative jurisdictions from more than 25 states, together more than 50 participants, shared their insights, approaches and case law developed on the level of the EU Court of Justice and the European Court of Human Rights as well as in their countries in the area of administrative sanctions.

 

PresidentThe event in Ljubljana was preceded by 27 questionnaire replies (national reports), which formed the basis for the summary of this reports on the practice of ACA-Europe members in the area of administrative sanctions.

The participants were welcomed by the president of the Republic of Slovenia, Mr. Borut Pahor, the president of the Supreme court of the RS, Mag. Damijan Florjančič, the head of ACA, Mr. Piet Hein Donner and the head of the administrative department of the Supreme court of the RS, M. Peter Golob.

 

Marko IlešičOn the first day, two lectures were performed; first by the judge of the CJEU, Mr. Marko Ilešič, who discussed administrative sanctions in the jurisprudence of the CJEU. His lecture was followed by the jurisprudence overview regarding Art. 6 of the ECHR. The topic was presented by two speakers, Mr. Francesco Goisis, from the University of Milan, Italy and Ms. Miriam Allena, from Bocconi University of Milan, Italy.

 

The second day was dedicated to presentations of the topic of the administrative sanctions by the European Commission. Interesting issues that immerge in its practice were presented by Mr. Hubert van Vliet and Mr. Petre Alexandru Biolan, both from the European Commission.

 

Liesbeth SteendijkFurther on, the discussions on national contributions took part. This part has begun with the presentation of Ms. Christine Maugüé from the French Council of State. She presented the French regulatory framework and jurisprudence. Following this lecture, two discussion contributions were presented byMr. Denis Delvax,  from the Belgian Council of State, and Ms. Liesbeth Steendijk, from the Dutch Council of State.

 

The conclusive remarks have been rounded up by Prof. Dr. Erik Kerševan, judge at the Supreme court of the Republic of Slovenia and Mr. Piet Hein Donner, president of ACA-Europe.

 

Tomáš LangášekThe two days seminar offered a huge variety of issues and their solutions, jurisprudence, approaches, taken by the national regulatory authorities, legislators, as well as courts. It became clear, that the administrative sanctions are differently developed across the European states. Some Member States are more in favour of regulation framework of minor offences (whereby administrative courts have no competences to hear the cases, and rules are similar as the rules on criminal procedures), others of administrative sanctions (whereby the administrative jurisdictions are competent to resolve cases) but some issues remain the same, like the principle of ne bis in idem and other procedural guarantiesaccording to Art. 6 of the ECHR, since both mainstreams are to be comprehended by the definition of criminal sanction under ECHR.

 
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