EVENTS IN 2022
UKAEL Young Researchers Workshop – 28 November 2022, City University of London
The Workshop offered an invaluable opportunity for young researchers (notably, though not exclusively, PhD and MPhil students) to discuss their work with leading EU law scholars and practitioners.
Sara Canduzzi (University of Edinburgh): “Was EU sovereignty there all along? Uncovering the explanatory and normative potential of a contested concept”
Eva Pander Maat (City, University of London): “The EU as the global standard-setter on green markets: externalising climate coherence through internal market regulation”
Dylan Wilkinson (Queen’s University Belfast): “Is the UK’s new ‘subsidy control’ regime rational? A theoretical perspective”
Daphne Yovanof (University of Oxford): “The reach of EU law: a judicial construction”
The oral presentations by the authors of the selected papers were followed by feedback and questions from the discussants Sir Alan Dashwood, Prof Paul Craig, Prof Panos Koutrakos and Prof Theodore Konstadinides, with additional comments from Prof Tamara Hervey and Prof Elaine Fahey. There was an audience of interested observers and the workshop finished with a drinks reception for the 18 attendees.
EU Law in Practice: A Discussion with EU Law Professionals – 21 November 2022, Freshfields Bruckhaus Deringer LLP
The UKAEL invited students of law, trainee solicitors and pupil barristers to an evening of short talks on practising EU Law. The presentations addressed the practice of EU Law post Brexit in different sectors of the professional world. Speakers covered typical work scenarios and career patterns in their field and there was a lively Q&A session afterwards.
The International Law Firm: Martin McElwee, Freshfields Bruckhaus Deringer LLP
The Government Legal Service: James Maskell and Kate Manson, Department for International Trade
Academia: Dr Oana Stefan, King’s College London
The Bar: Anneli Howard KC, Monckton Chambers
Chair: Prof Philippa Watson, Essex Court Chambers, Hon. Secretary UKAEL
The meeting was followed by a reception hosted by Freshfields Bruckhaus Deringer LLP. The 80 students attending came from the University of Law, Middlesex University, King’s College London, City Law School, London South Bank University and BPP.
UKAEL Webinar: Collective Redress for Competition Law Breaches in the EU – Emerging Issues – 13 October 2022
We assembled a line-up of experts: Joseph Bell (Oxera), Anneli Howard KC (Monckton), Dr Sebastian Peyer (University of East Anglia) and Rhodri Thompson KC (Matrix), with UKAEL President Prof Paul Craig chairing.
The webinar had an international audience of 25 people and explored the following issues:
- Strengths and weaknesses of the UK collective regime for competition and consumer claims as against other regimes in the EU and US
- Has Brexit had a chilling effect on competition and consumer claims in the UK?
- Can consumers really take on the tech giants?
- Managing multi-layer/umbrella pass-on issues
- Opting-out, opting-in, calculating and distributing aggregate damages
UKAEL Webinar: Preliminary Rulings and the Relationship between National Courts and the CJEU – 22 June 2022
Case C-561/19 Consorzio Italian Management, Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA raises interesting and important issues concerning the preliminary ruling procedure and the relationship between national courts of last resort and the CJEU. The CJEU was invited by AG Bobek to revisit central tenets of the CILFIT ruling, but although it declined to follow this lead it did modify the relationship in certain respects. This webinar considered the AG’s reasoning, followed by that of the Court, and placed the ruling in a broader temporal and substantive perspective. The three contributors were Prof Paul Craig, Dr Giulia Gentile and Dr Matteo Bonelli.
The webinar attracted an international audience of 30 people.
UKAEL Annual Lecture: 1966 and All That: Changing Our Minds in a Post-Brexit World – 23 May 2022, Edmond J Safra Theatre, King’s College London
The Annual Address was delivered by The Rt. Hon. Lady Rose of Colmworth, DBE, of the UK Supreme Court. An important feature of the EU Withdrawal Act 2018 is section 6(5), which states that in deciding whether to depart from retained EU case law the Supreme Court must apply the same test as it would apply in deciding whether to depart from its own case law. This refers to the House of Lords’ 1966 Practice Direction, which permits departure from a previous decision when “it is right to do so”. In this lecture, Lady Rose considered the ramifications of the adoption of this test and what it might mean for approaches to precedent in relation to retained EU law going forward.
The lecture attracted an audience of approx. 50 people and was followed by a lively drinks reception and a well-attended formal dinner.
UKAEL Webinar: Central Precepts of EU Law: Perspectives from the EU and from the UK – 5 April 2022
This webinar considered developments relating to direct effect and the supremacy of EU law from the perspective of the CJEU. It also addressed the way in which these and related concepts play out in domestic case law post-Brexit, in cases arising under the EU (Withdrawal) Act 2018 and other legislation. These issues were discussed by Prof Michael Dougan, Dr Eleni Frantziou and Alan Bates, with Prof Paul Craig in the chair.
The webinar was attended by close to 50 participants from the UK, Belgium, Netherlands, Luxembourg, Ireland, Spain, Portugal and Finland.
UKAEL Webinar: Brexit, the TCA and UK-EU Relations: One Year On – 2 February 2022
2021 was a turbulent post-Brexit year, made more difficult by COVID. This webinar took stock of the trading relationship broadly conceived between the UK and the EU after one year. The legal and political relationship concerning services and goods, together with some of the key legal considerations concerning other aspects of the TCA and Withdrawal Agreement, were discussed. The three contributors to the webinar were Prof Sarah Hall, Prof Martin Heneghan and Prof Paul Craig.
The Webinar was attended by 65 participants from the UK, Belgium, France, Italy, Portugal, Greece, Sweden and Finland.
EVENTS IN 2021
Joint UKAEL/FIDE Finland Webinar: The European Court of Justice and National Constitutional Courts: Resistance or Cooperation? – 23 November 2021
The relationship between the Court of Justice of the EU and national constitutional courts is complicated. Historically, we have witnessed both instances of fruitful cooperation in the development of European norms and various forms of – at least potential – conflict. In recent years, the conflicts that had mostly remained dormant have emerged in a number of rulings of senior national courts. This occurred most famously when the German Constitutional Court in May 2020 rejected the judgment of the Court of Justice in Weiss, claiming that the European Court had exceeded its judicial mandate. This in turn has given rise to a European Commission infringement action against Germany, which will force the European Court to react to the German ruling. At the same time, other national courts, such as the Supreme Court of Denmark and the Conseil d’Etat of France, have also weighed in on the issue, while the Polish Constitutional Tribunal on 7 October 2021 held that a number of fundamental provisions of the EU Treaty are incompatible with the Polish constitution. This webinar explored the issue with the help of two former judges of the European Court of Justice as well as leading scholars of European and comparative law.
Sir David Edward QC KCMG PC (former Judge at European Court of Justice): “Setting out the Scene: the Relationship between Domestic Courts and the European Court of Justice”
Prof Allan Rosas (former Judge at European Court of Justice): “Mangold and Beyond”
Prof Gráinne De Búrca (Florence Ellinwood Allen Professor of Law, New York University): “Constitutionalism Pluralism: an Obstacle or an Asset for the EU?”
Prof Jacques Ziller (Honorary Professor at the Universities of Paris-1 Panthéon-Sorbonne and Pavia): “Ultra Vires and Member States’ Courts”
The webinar was chaired by Prof Paul Craig and attended by close to 80 people.
EU Law in Practice: A Discussion with EU Law Professionals – 17 November 2021, Freshfields Bruckhaus Deringer LLP
The UKAEL invited students, trainee solicitors and pupil barristers to an evening of short talks on practising EU Law. The presentations addressed the practice of EU Law post Brexit, in different sectors of the professional world. Speakers covered typical work scenarios and career patterns in their field and there was a lively Q&A session afterwards.
The International Law Firm: Tom McGrath, Freshfields Bruckhaus Deringer LLP
The Government Legal Service: Caroline Ross OBE, International Trade GLD
Academia: Prof Andrea Biondi, King’s College London
The Bar: Jessica Simor QC, Matrix Chambers
Chair: Prof Philippa Watson, Essex Court Chambers, Hon. Secretary UKAEL
The meeting was followed by a reception hosted by Freshfields Bruckhaus Deringer LLP. The 70 students attending came from the University of Law, Middlesex University London, King’s College London, City Law School, London South Bank University and BPP.
UKAEL Webinar: CJEU Jurisdiction, the Autonomy of the EU Legal Order and Arbitration – 10 November 2021
The decision of the Grand Chamber in Case C-741/19 Republic of Moldova v Komstroy LLC, 2 September 2021, raises important questions concerning the CJEU’s jurisdiction, international agreements to which the EU is a party, the scope of EU law, the autonomy of the legal order and international arbitration. The CJEU drew heavily on its reasoning in Case C-284/16 Achmea, EU:C:2018:158, and extended it to the jurisdictional provisions of the Energy Charter Treaty. Discussing and debating the issues raised by the decision, this UKAEL webinar featured three acknowledged experts: Sir Alan Dashwood, Isabelle Van Damme and Prof Takis Tridimas.
The webinar was chaired by UKAEL President Prof Paul Craig and had almost 60 attendees from the UK, Germany, Switzerland, Belgium, Ireland, Sweden, Italy, France, Luxembourg and Portugal.
UKAEL Webinar: Rule of Law, Backsliding and the EU – 28 June 2021
The rule of law problems that beset the EU have been met with a range of legal and political responses, including litigation before the CJEU and legislative intervention by the EU. This webinar addressed three central facets of the rule of law crisis.
Prof Laurent Pech considered the role played by key CJEU decisions concerning challenges to the independence of the judiciary in certain Member States, most notably Poland and Hungary. Carlos Closa Montero analysed the recent EU rule of law conditionality legislation and assessed its efficacy. Prof Kim Lane Scheppele focused on the underlying political, legal and constitutional situation in Poland and Hungary, which is the cause of the attendant problems for the EU.
The webinar was chaired by UKAEL President Prof Paul Craig and attracted an international audience of 50 people.
UKAEL Webinar: The TCA, the Withdrawal Agreement, Retained Law and Private Rights – 26 May 2021
The Trade and Cooperation Agreement, coupled with the Withdrawal Agreement and UK legislation implementing these treaty obligations, gives rise to several important legal questions. This webinar focussed on three such topics. Prof Catherine Barnard considered issues relating to retained law; Prof Chris McCrudden discussed legal issues flowing from the Northern Ireland Protocol; and Prof Paul Craig analysed the extent to which private rights flow from the TCA when viewed in the light of the European Union (Future Relations) Act 2020.
This webinar attracted an international audience of over 60 people.
UKAEL Webinar: UK Competition Law Post-Brexit – 25 March 2021
This webinar considered the future of UK competition law in a post-Brexit world and addressed central issues of competition law and policy. Jonathan Scott presented the perspective from the Competition and Markets Authority; Sarah Long focussed on vertical restraints; Anneli Howard QC examined issues relating to private enforcement and class actions; and Prof Andrea Biondi assessed state aids.
The webinar was chaired by Prof Paul Craig, President of the UKAEL, and attracted 45 attendees from the UK, Ireland, Belgium, Luxembourg, Denmark and France.
UKAEL Webinar: The Trade and Co-Operation Agreement: Central Legal Issues – 16 February 2021
The TCA was agreed at the 11th hour, just days before the end of the transition period. It will shape UK-EU legal relations hereafter, and that remains so notwithstanding possible further supplementary agreements. This webinar focussed on four of the central legal issues that constitute the core of the TCA: the provisions relating to goods (Prof Peter Oliver); services, including the prospects for financial services (Prof Niamh Moloney); law enforcement and judicial cooperation in criminal matters (Prof John Spencer CBE); and the level playing field (Prof Paul Craig). The webinar brought together four scholars with expertise in these respective areas and provided a valuable guide to this complex terrain.
The webinar was full to capacity (100 people) and attracted attendees from the UK, Ireland, Italy, Spain, Portugal, Denmark, the US, Poland, Belgium, Netherlands and Luxembourg.
EVENTS IN 2020
UKAEL Webinar: The UK/EU Relationship after 31 December: Immediate and Longer-Term Perspectives – 10 December 2020
In lieu of its Annual Lecture and Reception, cancelled due to Covid-19, the UKAEL invited its membership to a Zoom Webinar.
We welcomed four leading practitioners and academic experts in the field of EU/UK relations. Prof Marise Cremona is Professor Emeritus of European Law at the European University Institute in Florence. Sir Jonathan Faull has been a Partner and Chair of European Public Affairs at the Brunswick Group since 2017. Lord Hannay has been an independent member of the House of Lords since 2001 and is currently a member of its International Relations and Defence Committee. Prof Anand Menon is Professor of European Politics and Foreign Affairs at King’s College London and directs the UK in a Changing Europe project. The discussion was chaired by Sir Alan Dashwood QC, the retiring President of the UKAEL.
The event was attended by over 60 people and there was a lively Q&A session following on from the presentations.
UKAEL Webinar: National Courts and the Enforcement of EU Law – 22 October 2020
Some of the questions discussed were:
– To what extent does the principle of national sovereignty imply a right for the Member States to derogate from EU law in relation to fundamental constitutional principles?
– Is the position of the Court of Justice of the European Union as the supreme court of the EU under increasing challenge from the supreme courts of its Member States?
– How will these issues be resolved in the United Kingdom in respect of retained EU law after the end of the transition period?
The UKAEL put together a panel of leading legal specialists with a combination of expertise: Helen Mountfield QC (chair) is a founder member of Matrix Chambers and Principal of Mansfield College Oxford. Theodore Konstadinides is Professor of Law and Anastasia Karatzia is a Lecturer in Law at the School of Law, University of Essex. Matthias Ruffert is Professor of Public Law and European Law at the Law Faculty of the Humboldt University Berlin since 2016. Rhodri Thompson QC is a specialist silk in UK and EU regulation and public law.
This event was hosted on the online platform Zoom and attracted an audience of over 30 people.
UKAEL Webinar: COVID 19 and the Functioning of the Internal Market – 22 July 2020
Tackling the COVID 19 pandemic has challenged national and EU authorities in many ways. It has also raised fundamental questions about the functioning of the internal market, including: The limits of the EU’s competence and the powers of the Member States to regulate free movement; The principle of solidarity between Member States and its limitations; The rights of migrants at times of crisis; The role of state aids rules in tackling the implications of the pandemic. The UKAEL brought together the following leading EU law experts to discuss these issues:
Catherine Barnard is a British legal scholar, who specialises in European Union, employment, and competition law. Paul Craig is Emeritus Professor of English Law, St John’s College, Oxford. His research interests are constitutional law, administrative law, EU law and comparative law. Carlos Esteva-Mosso is Deputy Director-General for State Aid at the Competition Directorate General of the European Commission. Panos Koutrakos is Professor of EU Law and Jean Monnet Professor of EU Law at City, University of London and a door tenant at Monckton Chambers. Eleanor Spaventa is Professor of European Law at Bocconi University, having spent the previous part of her career in the United Kingdom (Cambridge, Birmingham and Durham Universities).
Over 60 people attended the seminar which had to be held online due to COVID 19.
UKAEL Webinar: Competition Law and the Digital Economy – 23 June 2020
The webinar addressed one of the most pressing concerns of EU competition law. Digitalisation has brought profound changes to many industries, creating new business models and pricing structures. Businesses based on search engines, social media networks or price comparison websites often operate as platforms or networks and generate new problems arising out of their unusual pricing models and the huge volumes of data that they control and access. Although network competition and multi-faceted markets are not new, the scale and speed of growth of the digital economy create new challenges for competition analysis and enforcement. They also raise national and international competition enforcement issues of political and legal significance, as US and Chinese networks and businesses increasingly compete on a global scale. We assembled a panel of leading legal and economic specialists with a combination of expertise:
Prof Damien Geradin is the founding partner of Geradin Partners, a boutique competition law firm based in Brussels and Professor of Competition Law and Economics at Tilburg University and a visiting Professor at UCL. Matt Hunt is a partner in AlixPartners’ economics consulting practice. Dr Andriani Kalintiri is a lecturer in Competition Law at King’s College London. Dr Ryan Stones is a lecturer in Law at City, University of London. Rhodri Thompson QC (chair) is a leading specialist silk in UK and EU regulation and public law.
Due to Covid-19, this seminar took place online, with approximately 35 attendees.
UKAEL Young Researchers Workshop: Protecting the Rule of Law in the EU – 30 January 2020, River Room, King’s College London
The Workshop offered an opportunity for young researchers to discuss their work with leading EU law scholars and practitioners and to network with other academics working in the same or related fields. Submissions related to aspects of the protection of the rule of law in the EU:
The evolution of the notion of the rule of law in the EU;
Institutional and judicial procedures for the protection of the rule of law in the EU;
The protection in the Member States of the EU’s understanding of the rule of law;
The relationship between the rule of law and other EU fundamental values.
This was a roundtable event with presentations by Jacob van de Beeten (Behind the rule of law crisis: rethinking the ‘toolbox’ approach), Franca Feisel (Defending Constitutional Pluralism in light of the ‘Rule of Law’-Crises: Case C-19/08 Mattias Kumm and Miguel Maduro v R. Daniel Kelemen) and Zamira Xhaferri (Delegation of rulemaking to the European Commission in law and practice). These were followed by feedback from EU Law experts Sir Alan Dashwood QC, Prof Andrea Biondi, Prof Panos Koutrakos and Prof Adam Lazowski.
The workshop was followed by a drinks reception for the 20 attendees.