Lecture
Speakers
Dr. Luigi Malferrari, LL.M. (Harvard)
Dr. iur. Andrea Entner-Koch, LL.M. (Brügge)
Date
24.02.2015 18:00 - 20:00
Content
As an EEA Member State, Liechtenstein benefits enormously from the fundamental freedoms provided under EU/EEA law. The progress made towards completing the European internal market, however, also poses a number of difficult and sometimes new questions for the Principality at the same time. In recent years, the ECJ has made ground-breaking decisions in the application and interpretation of the relevant provisions of the Treaty on the Functioning of the European Union and the Agreement on the European Economic Area, which should always be considered by practitioners. In addition, the EU/EEA's secondary harmonisation legislation is becoming increasingly complex; its coordination and the interaction between secondary and primary law represents a major challenge for those applying the law.
The European single market has not yet been completed. Europe is called upon to promote economic growth and ensure social justice. On the other hand, at times of uncertainty and economic crisis, the need for the state to protect general interests more effectively becomes greater. At the same time, the protection of fundamental rights plays an increasingly important role in the ECJ's case law when it is concerned with the interpretation of the provisions on fundamental freedoms, especially as the EU's accession to the ECHR is currently on the agenda.
There are challenging and, at times, new legal questions arising, in particular in the services sector, for example in the fields of the so-called digital economy and financial services. In addition, the effect of the fundamental freedoms on the national legal systems (e.g. tax law) is complex and controversial. The ECJ's case law takes a case-by-case approach and requires systematisation. In particular, the proportionality test must not only be applied by the ECJ to national barriers in the context of individual cases, but general direction taken by the Court's case law must also be established.
This event will thus serves as an opportunity for the systematic presentation and critical analysis of the main ECJ rulings on the fundamental freedoms and show which trends can be outlined and which questions will be faced in practice in the future.
Dr. Luigi Malferrari is a member of the Legal Service (Competition team) of the European Commission in Brussels, working mostly in the fields of antitrust and merger control but also internal market. Luigi obtained his law degree (laurea) at the University of Bologna in 1995, an LL.M. from Harvard Law School in 1998 and a doctorate from the University of Heidelberg (Max-Planck-Institute for international law) in 2002. Luigi was admitted to the Italian bar and practiced law at the law firm Lovells from 2001 to 2003. Luigi's previous experience includes several years as a clerk ("référendaire") at the EU Court of Justice in Luxembourg from 2003 to 2008 and 2 years as legal officer at Directorate-General for Internal Market of the European Commission. Today Luigi is also a lecturer at the Robert Schuman University in Strasbourg and at the EBS in Wiesbaden, and a member of the advisory board of the European Journal of Business Law (EuZW).
Target Audience
Lawyers, trustees, chartered accountants, legal staff in civil service and in the financial sector as well as any people interested specifically in current case law.
Information Contact
Paulina Bracher, MSc
Univ.-Prof. Dr. Francesco A. Schurr
Costs
CHF 210 per person including materials, a certificate of participation and an aperitif.
Deadline
Feb 28, 2015
The General Terms and Conditions apply by submitting a binding registration.
Details on Right of Withdrawal/Cancellation and Dropout as well as Substitute Participants are regulated in the General Terms and Conditions.