1. RE-JUS methodology and dissemination tools
Paola Iamiceli, Chiara Angiolini
In the framework of the EU project
“Roadmap to European effective Justice (RE-Jus): judicial training ensuring effective redress to fundamental rights violations”,
co-funded by the Justice Programme of the European Union ( )

2. Outline From objectives to methodology
Judicial dialogue as a “learning” process
Judicial training as a mutual learning experience
The lens of comparative law
The RE-Jus instruments for judicial training
Workshops
Casebooks
Guidelines for judges
Guidelines for trainers
Database

3. From objectives to methodology
Main objectives:
Increase judges’ awareness about the role of the Charter (part. art. 47 CFR) and its impact on EU and national caselaw
Support the use of conforming interpretation, disapplication and preliminary reference in solving the possible conflicts between EU and national law
Provide specific guidance in the application of EU principles on enforcement in contexts where multiple enforcement systems exist (administrative, judicial, ADR) and where fundamental rights are invoked
Methodology:
Observing the life-cycle of preliminary reference proceedings and their horizontal derivative impact in systems different from the one of the referring court
Considering whether different impact in different systems depends on national specificity
Testing with judges the existence of obstacles to conforming interpretation and the ground for disapplication or preliminary references
Testing the application of principles and rulings to hypothetical cases due to be examined by judges of different jurisdictions
Taking into account out-of-court proceedings, including administrative enforcement proceedings, in the picture and their coordination with judicial enforcement
Questioning the impact of fundamental rights over enforcement mechanisms

4. Judicial dialogue as a “learning” process
Building on previous projects methodology
Understanding the objectives pursued through preliminary references:
Solving conflicts in legal interpretation among national courts
Filling in legislative gap through guidance on interpretation of EU law
Triggering legislative changes
Examining the different answers provided by the CJEU
principles-based v. rules-based
Reference to the Charter even if not cited in the preliminary reference
Clustering cases around issues: development and evolution of principles along stream of cases
Considering the concrete impact on the adjudication of the specific case and possible impact on equivalent cases in the same or different jurisdictions
Identifying grounds and modes for possible preliminary references to submit

5. A mutual learning process
Project work resulting from cooperation between
judges and scholars:
mixed thematic teams,
per sector (consumer protection, immigration and asylum, data protection) and
per horizontal aspects (eg cross border infringements, collective redress, administrative enforcement, etc.)
Providing caselaw
Discussing about implications
Animating roundtables and practical sessions in workshops
Contributing to database
Co-designing national casebooks
Workshops
Casebooks

6. Integrating EU law and comparative law: judicial training and the lens of comparative law
The different impact of article 47 CFR depending on national constitutional traditions, national law on remedies and procedures, the architecture of national enforcement systems in different areas
E.g. existence of provisions of national constitutions or other pieces of legislation, establishing principles of effective judicial protection or proportionality; their possibly different scope and implications
E.g. the different interaction between administrative and judicial enforcement mechanisms or the different scope of judicial review in different jurisdictions

7. Re-Jus Project – Project Instruments
Modularity
Casebooks
Guidelines for judges
EXPERIENCE
KNOWLEDGE
Database on EU and national case law
Guidance for trainers
Workshops

8. Workshops
Discussions of judicial solutions and interpretations of CJEU rulings applying art. 47 CFREU and general principles of EU Law, and debates on their impact on national legal systems
National workshops
Transnational workshops

9. Workshops – The structure
Roundtables with scholars, judges and legal practitioners
Small discussion groups on hypothetical cases
Interactive and mutual learning process

10. Workshops – Transnational workshops
Participation of approximately 40 judges from at least the 9 countries represented in the project consortium.
Exchange of national approaches from a variety of EU Member States.
Use of comparative and European law: judicial training workshops as laboratories to experiment various forms of judicial dialogue

11. Workshops – Transnational workshops
Warsaw June 2017 : Towards Effective Justice in Consumer Protection
Trento 2-3 October 2017 : Towards Effective Justice in Immigration and Asylum
Paris 4-5 December 2017: Towards Effective Justice in Data Protection
Florence 5-6 March 2018 : Effective Protection of Fundamental Rights: Horizontal View in The Field of Consumer Protection, Asylum and immigration Law, Data Protection

12. Workshops – National workshops
The impact of EU Charter of Fundamental rights and EU general principles on specific domestic legal systems:
Focus on procedural rules
Focus on substantive law
Judicial dialogue applications (both vertical and horizontal)
Sets of materials adapting transnational casebooks to national legal systems for the dissemination of REJUS project results within national workshops (including some national casebooks)

13. Workshops – National workshops
Trento, June 2018 : Individual Remedies and Collective Redress in Consumer, Financial and Credit Relationships Amsterdam, April 2018: EU Fundamental Rights and Effective Remedies in Dutch Consumer Law Warsaw, 9 July 2018: Protection of Personal Data in the Polish Law and Legal Standards of the EU Paris, 31 May-1 June 2018 : Towards Effective Judicial Protection in the fields of Asylum and Migration

14. 4 transnational casebooks
horizontal casebook (intersectoral cross-fertilisation)
Data protection
Asylum and immigration
Consumer law

15. Casebooks – the main objectives
Training materials for workshops – Trainers and Workshop participants
Tool box for the daily application of EU law and case law– Legal professionals and scholars
Concrete examples of the theoretical judicial dialogue approach – Scholars and legal professionals

16. Casebooks – the structure
...shall a court declare a consumer contract term unfair, even though the consumer has not filed a claim in this respect?
Identify the main questions
The answers in the light of EU case law
The impact of EU case law on national case law (judicial dialogue approach)
Guidelines for legal practitioners
The national court is required to examine, of its own motion, the unfairness of a contractual term where….
In the view of the French Cour de Cassation, applying the Pannon judgment, ….
A national court should consider whether the reasoning of the CJEU is applicable in a case in which …

17. Guidelines for judges
Guidelines for judges on the impact of EU Charter of Fundamental Rights and of general principles of EU Law in the national legal systems
Horizontal guidelines
Consumer law guidelines
Data protection guidelines
Asylum and immigration guidelines
Based on continuous interaction with judges within and outside training workshops.
Main objective: Consolidate a method in applying EU law and the Charter in the national context, focusing on the life-cycle of cases and on the need for adaptation and contextualization in respect of national legal systems different from the one of the referring court.

18. Guidance for trainers Guidance regarding all the stages of training
Planning the training curriculum
Roundtables
Working groups
Preparation and updating of the training materials
Plenary session
The role of facilitator
Evaluation of the training activities
Integration of the teaching materials
Dissemination of the results

19. Guidance for trainers The hypotheticals
Identifying the principles to be highlighted
Construction of the hypothetical case
Formulation of the questions
Suggestions on how to resolve possible conflicts between EU law and national legal systems (consistent interpretation, disapplication, preliminary reference)

20. Database on EU and national cases
Main objective: impact on MSs case law of art. 47 CFR and of effectiveness, proportionality and dissuasiveness principles

21. Database
The link with previous and parallel projects (part.: Actiones)
Elements of continuity:
judicial dialogue
life-cycle of cases
Elements of distinction:
focus on enforcement of Art. 47 CFREU and the principles of effectiveness, proportionality, dissuasiveness
the impact of EU jurisprudence on national caselaw in MSs other than those of the referring court

22. Database: methodological aspects
Identification of the national case and linked EU decision(s)
Case analysis
Legal analysis (legal issues addressed in the area of FR enforcements, principles and rules applied, arguments and conclusions)
Focus on the Charter (part. art. 47) and on the principles of effectiveness, proportionality and dissuasiveness of sanctions and remedies
Elements of judicial dialogue (both EU and national courts and among national courts)
Impact on caselaw in MSs other than the one of the referring court
Impact on national legislation

24. Thank you for your attention
RE-jus Team