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e-News 2015/1 |
Editorial |
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Dear readers, the very first issue of an electronic version of the ACA Newsletter is now at your disposal. We tried to provide information in a simple yet rich form about activities that took place at the end of last year, as well as the plans for upcoming months. Personally, I would recommend looking back on the seminar focused on The ACA-Europe Information Network that was held in November in Brno. Furthermore, I would like to attract your attention to the project of the Library of administrative law within the EU and to processing of Cross-sectional survey on access to the administrative court and its decisions. Last but not least, at the end of the Newsletter you will find out that in order to maintain financial means for all planned activities the ACA-Europe has taken part in the EC programme Operating grants for 2015 and the following years. I hope you will read this first issue with interest. Best regards Josef BAXA President of ACA-Europe President of the Supreme Administrative Court of the Czech Republic |
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Seminar/Colloquium |
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In collaboration with the Supreme Administrative Court of the Czech Republic, ACA-Europe held a seminar entitled “The ACA-Europe Information Network” at the seat of the aforementioned court in Brno on 7 November 2014. The goal of this seminar was primarily to revive the forum activity, the primary objective being to increase the consistent and meaningful feedback to questions posted in a short period of time. The opportunity was also seized to promote The ACA-Europe Databases: Dec.Nat and JuriFast to reinvigorate their ongoing completion. |
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Jurifast |
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The seminar of Brno was the opportunity to give a new boost to JuriFast, after more than ten years of existence. The recommendations of the General Secretariat to feed the database have been recalled on the occasion of this seminar. National courts can now introduce the summary of a national decision in their own language. The General Secretariat will translate into English and French using the European system of translation. The Jurifast RSS feed can be obtained at the following address: http://www.aca-europe.eu/index.php/en/jurifast-en (possibility to subscribe to an RSS feed). |
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Forum |
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During the November seminar in Brno this unique meeting channel was reactivated. Each member of ACA-Europe has designated its correspondents. At the same time, a Supporting Committee was established including representatives of the members of the Board and chaired by the representative of the President of ACA-Europe. Meanwhile, the Forum already found its drive. Recently, information was exchanged about “Regulators of Public Utilities – review of tariffs approved”, “An inquiry that co-relates to the degree of control on the level of a disciplinary sanction, which can be exercised in the context of an appeal in cassation” and “International protection and review of decisions”. Obviously, a forum can only be successful if members participate as much as possible. Hence an appeal to all of you to register today via http://www.aca-europe.eu/forum/ |
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Tour of Europe |
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The Tour of Europe presents an analysis, by means of 76 questions, of the organization of administrative justice in the EU Member States and in Turkey. In 2014, it was updated partially. ACA-correspondents are invited to communicate changes in their country as soon as these changes have been implemented. There is no need to wait to be invited to do so by the General Secretariat Contact address: anne-catherine.vangeersdaele@aca-europe.eu |
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Library |
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The library of administrative law within the EU law puts online documents prepared on the occasion of seminars and symposia of ACA-Europe. References are made to some recurring themes of administrative law and litigation within the EU and contributions of judges and courts of ACA-Europe are included. The General Secretariat suggests the ACA-correspondents to send contributions of judges and courts of ACA-Europe relating to administrative law and litigation within the EU in English, French or in their native language(s). Contact address: anne-catherine.vangeersdaele@aca-europe.eu |
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Judge Exchanges |
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The 2014 exchange took place as scheduled. Keeping in mind the intention of certain participants to know the exchange dates in advance, the General Secretariat started from mid-November 2014, the preliminary contacts with the member institutions of ACA in order to be able to start the exchanges in concrete terms upon the receipt of the approval of the 2015 budget by the European Commission. As a result of the decision of the Board meeting in Brno on November 8, 2014, a letter to the presidents of the member institutions of ACA was sent on November 21, 2014. The first internship proposals have reached the General Secretariat. These will be communicated to all member institutions as soon as the General Secretariat has been informed about the decision of the European Commission. |
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Member News |
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Newly nominated presidents in our member institutions In 2014, new presidents have been appointed at the head of some member institutions of the Association. The General Secretariat is pleased to present them to you. Some presidents entrusted the Secretariat their view on the role of ACA-Europe. Belgium – Yves Kreins (13.01.2014) By Royal Decree of 13 January 2014, the King appointed Yves Kreins as the first President of the Council of State. German-speaking magistrate quadrilingual, Yves Kreins was Junior auditor (1985-1987), Auditor (1987-1991), Councillor of State (1991-2001) and chairman of the Second Chamber (2001-2014). As the first President, he shall preside the General Assemblies of the Council of State, of the legislative division and some general assembly’s of the administrative litigation division. What do you expect from ACA-Europe and its information network? “As a former Secretary-General of ACA-Europe (2000-2013), I attach great importance to the development of legal knowledge, but even more to strengthening personal relationships and understanding between judges of different European nationalities to achieve mutual trust advocated by so many European statements.” Denmark - Poul Søgaard (June 2014) Poul Søgaard has been a Justice of the Supreme Court since 1997. In June 2014 he was appointed President of the Supreme Court. What do you expect from ACA-Europe and its information network? “My expectations for the information network is a quick and easy access to information and exchange of experience. Use of JuriFast and Forum can be improved by creating access via link on the court's own intranet without use of personal passwords. I believe such easy access to the judges and other lawyers in the court will increase activity without damaging the confidentiality of the forum.” Germany –Klaus Rennert (01.07.2014) Mr. Prof. Dr. Dr.h.c. Klaus Rennert joined the Federal Administrative Court in September 2003 and became Vice President in November 2012. On 1st July 2014 he was appointed President of the Federal Administrative Court in Leipzig. As President he will be Chairman of the 10th Senate which is, inter alia, competent to rule in cases involving laws governing municipalities, liberal professions, chambers, public procurement, subsidies and financial services. What do you expect from ACA-Europe and its information network? “ACA has an important role to play in facilitating an intensified horizontal exchange among the supreme administrative courts in Europe. It is not least due to the growing influence that EU law has on this field of law that administrative law as well as administrative procedural law are going to merge progressively in the near future.” Cyprus –Myron Nicolatos (25.07.2014) Myron Nicolatos has been a Justice of the Supreme Court of Cyprus since the 1st of December 2004 and since the 25th of July 2014 he is the President of the Supreme Court. He speaks Greek and English and he has knowledge of Portuguese and French. What do you expect from ACA-Europe and its information network? “From ACA-Europe and its information network, I expect up to date information on developments happening in the other Courts - Members of the Association.” Slovakia – Daniela Svecova (16.09.2014) Daniela Švecová was elected President of the Supreme Court by the Judicial Council, a body representing independence of judiciary in relation to other public authorities, on September 16. She has been a judge of the Supreme Court since 1990. Between 2005 and 2010 she served as deputy chairwoman of the court. Reform of the Belgian Council of State The Law of 20 January 2014 has profoundly changed the competence and procedure before the Council of State of Belgium. This amendment aims primarily to enable the Council of State to pronounce judgments imposing measures other than the annulment of administrative acts or to grant a restorative compensation. It also aims to improve the process by facilitating access to the Council of State or by focusing on a solution grounded on substantive reasons of illegality instead of formal reasons. |
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ACA News |
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On 14 November 2014, the General Secretariat of the Association filed an application before the European Commission for an operating grant for 2015 and the following years. The members of the Association finance the activities up to 20%, the EU budget subsidizes the rest. The Commission's decision is expected no later than 31 March 2015. Overall, the Board approved the draft budget foreseeing, for 2015, two seminars on the implementation of EU law, two seminars for the chief justices, the realization of an annual survey on access to the administrative courts and its decisions, an exchange of twelve judges, the continuation of the activities of the databases and the Forum and the development of the electronic library of European administrative law, the website and participation in EU projects and in particular those of the Commission in the field of justice, especially in its administrative justice department (ECLI, e-Justice portal, rule of law, etc.). |
In this issue |
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Agenda |
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Recent decisions |
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The volume of decisions sent by the Member Courts makes it difficult to make a choice that is necessarily subjective. Here are four examples to illustrate the diversity:
The Councils of State of France and Belgium also expressed their views on the application of this provision of the Directive. |
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Analysis |
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Cross-sectional survey At the time of the ACA-Europe’s application for a three-year grant addressed to the European Commission, the Association was invited to propose to conduct an annual survey on the collection, analysis, exchange and dissemination of information, good practices and recommendations on various topics of EU law. For 2015, the Board has opted for a survey on access to the administrative courts and its decisions. |
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