Call for blogs (Closed)
- Submission and deadlines
- Leiden Law Blog Rules
- Theme's and topics PhD workshops
- Theme's and topics (extensive)
Leiden Law School is pleased to invite international academics in the field of law and jurisprudence to participate in this conference. In particular researchers are asked to take part in one of the workshops mentioned below.
In order to stimulate lively discussions, researchers are asked to submit an abstract in the form of a blog of max. 400/500 words on one of the topics of the PhD workshops (see below) or on a subject that is related to the theme of the conference. Selected blogs will be published on www.leidenlawblog.nl and may lead to an invitation to present the findings in a separate workshop and/or to submit a paper which will be published online after the conference.
- Authors must first submit an abstract in the form of a blog of max. 400/500 words in a word-file before 15 November 2014;
- The scientific committee of the conference will review the abstracts (blogs) submitted and select those most eligible for presentation or publication;
- Participants whose abstracts (blogs) have been selected will receive notice before the 29 November 2014;
- The deadline for submission of the final papers is 1 March 2015;
- Please note that one is welcome to attend the conference without having submitted an abstract;
- Send your blog to ILSroomforreflection@law.leidenuniv.nl and formalise your registration by filling out the registration form on the conference website.
- Language: English;
- Length: 400/500 words. No footnotes, give a link for more information;
- Title: short and catchy;
- Trailer: set out the issue and suggest what your point is. Max 256 characters (including spaces);
- Photo: include a photo (free of copyright) or an idea for a photo;
- Tags: give a few reference words (see list of tags);
- Categories: indicate the category the piece belongs to (Private Law, Public Law, Criminal Law and Criminology, Interdisciplinary Study of the Law, Tax Law and Economics);
- Provide link in LinkedIn, signature, Twitter and Facebook to the blog or your article.
- The Concept of the Protective Scope in Private and Public Law - Laura di Bella, Wouter den Hollander
- Sector-specific horizontal interaction - Ali Mohammed, Hetty ten Oever, Stijn Voskamp
- Enforcement of public and private law - René Hage, Alke Metselaar
- The European Court of Human Rights and Vertical Integration: Demarcating Spheres of Influence and Dialogical Perspectives - Lize Glas, Ingrid Leijten
- Enforcement of EU law on a national level: what role for fundamental rights and principles? - Elsbeth Beumer, Pim Geelhoed
- Courts confronted with international and European law: interpreting national law in a multilevel legal order- Judit Altena, Anneloes Kuiper
- The financial crisis and the impact of Europe on national parliamentary and stakeholder interests - Michal Diamant, Tom Dijkhuizen, Lynette Janssen
- European law and private law: meeting of the minds - Gitta Veldt, Ruben de Graaff
- The implementation of children’s rights for vulnerable groups - Yannick van den Brink, Mark Klaassen
- The Inter-American Court of Human Rights as an Importer and Exporter of International Norms - Hanna Bosdriesz, Patricia Uribe
- The ‘others’ amongst ‘us’: Western societies, ‘otherness’ and the law - Moritz Jesse
The Concept of the Protective Scope in Private and Public Law
Laura di Bella, Wouter den Hollander
The violation of a statutory provision not only potentially triggers criminal prosecution or some form of administrative sanctioning, but also civil liability. Several EU Member States rely on the so-called Schutznorm doctrine in this respect. So does the Netherlands. Establishing liability for the violation of a statutory provision requires, in addition to a causal link between violation and damage, the damage to be within the protective scope of the violated provision. In the perception of many the Dutch Supreme Court in a way ‘misuses’ the determination of the protective scope of a violated provision to deliberately shelter public authorities from civil liability. Interestingly, Dutch administrative courts have recently been given the opportunity to decide on the protective scope of statutory provisions as well, while the CJEU decided upon the protective scope of the European Directive on Environmental Impact Assessment (Leth) and the anti-cartel provision of Article 101 TFEU (Kone).
In this workshop, we will discuss the horizontal interaction between civil and administrative courts, and the vertical interaction between the CJEU and national courts. We will focus on the following questions:
- What to think of the criticism on the case law of the Dutch Supreme Court? And what to think about the case law of the Dutch administrative courts in this respect?
- Do the diverging procedural law regimes influence the decision of material law on the protective scope of the violated provision in the civil and administrative courts and what to think about that development?
- What to think of the approach by the Court of Justice of the European Union?
Sector-specific horizontal interaction
Ali Mohammed, Hetty ten Oever, Stijn Voskamp
In this workshop, we will focus on the following questions:
- What are the implications and consequences of embedding a publicly regulated legal relationship into private law?
- What are the problems that will arise? And how can they be solved?
Particularly, issues arise in legal relationships between a private legal person that provides a service of public interest and a similar private entity, public authority or an individual. We will address these questions in the context of (i) the financial relationship between the government and education institutions, (ii) contractual agreements between schools and students and/or parents, and (iii) contractual agreements between health insurers and health care providers.
Enforcement of public and private law
René Hage, Alke Metselaar
In this workshop, we will focus on the following questions:
- To what extent does the insertion of a norm in a particular legal system affects its interpretation and application?
- In order to assess whether unlawful State aid has been granted and under EU Law can be reclaimed, judges of civil courts sometimes rely on a balancing of interests. How can this be explained and is such a trend also discernable (in a different manner) within the area of administrate law?
- The duties of care in the Act on Financial Supervision are derived from the general duty of care in the Dutch Civil Code (7:401 BW). To what extent does the interpretation of the duty of care in administrative law runs parallel with the interpretation of the duty of care in civil law? Is it safe to say that an entrepreneur who acted in compliance with his ‘administrative’ duties of care, no longer has to fear for ‘civil’ sanctions as well?
- To what extent can or should core concepts of public and civil law make way for the enforcement of specific norms? What risks are involved?
- To what extent can the concept of nullity be extended in order to reclaim unlawful state aid? What is the relevance of key principles such as party autonomy and what is the role of the courts? Is it possible that an administrative court will intervene, in order to uphold a norm such as article 108 sub 3 TFEU, when annulment is not a possibility?
- Based on art. 12.2. Telecommunications Act, the Authority for Consumers and Markets possesses a dispute settling function. Telecom companies may submit disputes concerning questions such as the degree to which provisions from verbal agreements violate the Telecommunications Act. To what extent should the ACM take the concept of nullity of art. 3:40 and the corresponding jurisprudence into account?
- What are the risks of parallel enforcement through the use of civil and public law?
- To what extent does the insertion of a norm in a particular legal system affects its interpretation and application?
The European Court of Human Rights and Vertical Integration: Demarcating Spheres of Influence and Dialogical Perspectives
Lize Glas, Ingrid Leijten
The vertical relationship between the European Court of Human Rights (ECtHR, Court) and the States parties to the European Convention on Human Rights (ECHR) is a complicated one. This has become especially clear over the past years, in which the criticism of the Court’s judgments by politicians and judges alike has significantly increased. It brings up the question on how the legitimacy of the Convention system can be enhanced. Different answers to this question can be formulated.
- On one hand, it might be useful to delineate more clearly the instances in which the ECtHR has the last word, and the issues that should be left to the domestic authorities. This could for example be done by using a core of rights perspective at the ECtHR level.
- On the other hand, the interaction between the States and the ECtHR (backed up by the Committee of Ministers) might be improved with the help of possibilities for dialogue. These possibilities relate to various procedural aspects of the protective mechanism established by the ECHR and have the potential of smoothening the relation between the Court and the domestic authorities.
Enforcement of EU law on a national level: what role for fundamental rights and principles?
Elsbeth Beumer, Pim Geelhoed
Within the European Union, it is absolutely impossible to regard law enforcement as a policy area for which EU law and the ECHR are irrelevant. That counts for substantive rules, for instance in competition law or relating to drug trafficking, but also for general legal principles and fundamental rights. Their European origin and their binding nature make them an interesting research object. In this workshop, we would like to discuss the law enforcement relevance of general principles of EU law and of the fundamental rights that are enshrined in the Charter of Fundamental Rights of the European Union and the ECHR. We will approach that somewhat broad topic by discussing firstly the influence of fundamental rights on the enforcement of competition law at the national level and secondly the meaning of general legal principles for criminal law enforcement by the future European Public Prosecutor's Office. Both discussion points touch upon the (vertical) influence of EU/ECHR fundamental rights and principles on the law enforcement on a national level.
Courts confronted with international and European law: interpreting national law in a multilevel legal order
Judit Altena, Anneloes Kuiper
National courts must interpret their domestic law in accordance with European law, mostly directives. This mechanism of consistent interpretation of national laws differs from the Dutch method for the interpretation of international law. However, the European Court of Justice seems to have imposed a duty for the implementation of European law that extends beyond its international law counterpart. Part of the workshop is devoted to analysing how this European duty of consistent interpretation affects the interpretation of national law. It will be argued that even though the Court of Justice says the duty is embedded in national interpretation, at least interpretation in the Dutch legal system is altered by the duty. Therefore, the question whether consistent interpretation constitutes a method of interpretation raises itself. Next to this question, attention will be paid to the impact of consistent interpretation on the constitutional relations between courts and the national legislature. Does it indeed make, as current legal scholarship suggests, the court more autonomous in its interpretation? This question is further complicated by the confluence of international and European law in Dutch case law, to which the second part of the workshop is devoted. Will the judge give priority to international or to European law in case the two conflict, and why does he do so? Finally, the question will be asked whether this convergance of international and European law can have an influence on the compliance of international regulations by European states.
The financial crisis and the impact of Europe on national parliamentary and stakeholder interests
Michal Diamant, Tom Dijkhuizen, Lynette Janssen
The financial crisis has had a grave impact on financial systems globally and triggered in the European Union a sovereign debt crisis followed by a euro crisis. To counter the effects of these crises and to prevent a future crisis, numerous measures were taken and procedures were put in place at the European level. As a consequence of this new and strengthened European legislation in the field of financial institutions and governments’ budgets, many different national interests have been affected.
In this workshop the question addressed will be what is the impact of the strengthened European legislation on these different national interests. This question will be addressed from three different angles:
- What is the effect of the strengthened European economic governance on the position of shareholders with regard to the remuneration of banks' executives?
- What is the effect of the strengthened and expanded European bank insolvency regime on the interests of, inter alia, creditors and shareholders of banks on a national level?
- What is the effect of the strengthened European economic governance on national parliamentary participation with the national budget?
European law and private law: meeting of the minds
Gitta Veldt, Ruben de Graaff
In the current multilevel legal order, private relationships are governed by rules rooted in different international, European and national regimes, with a public or private law character. As a consequence, the outcome of private dispute resolution is not only a matter of balancing the interests of the parties and respecting private autonomy, but will involve constitutional principles, such as hierarchy and supremacy.
Public and private law scholars come from different traditions and approach matters from different perspectives. This raises the question whether a common ground can be found on how to approach matters of European private law. Are there commonly negotiated and shared principles for addressing the overlap and conflict between European law and private law?
In this workshop, we will further explain and discuss the influence of European law on private relationships. Special attention will be given to the area of product safety law and to the overlap and conflict of concurring claims.
The implementation of children’s rights for vulnerable groups
Yannick van den Brink, Mark Klaassen
Since the adoption of the UN Convention on the Rights of the Child twenty-five years ago, the protection of children’s rights is firmly rooted in international law. One of the four general principles of the Convention is that the best interests of the child should be a primary consideration in all actions concerning children. There are numerous actions which might affect children. The parties which have ratified the Convention are obliged to make sure that the best interests of children are secured. This is especially relevant in cases in which children are in a vulnerable position. Examples of such situations are children who get involved with the juvenile justice system, get confronted with youth protection programmes or are experiencing problems relating to their immigration status.
In this workshop, the interaction between international children’s rights and other legal systems with respect to the protection of the most vulnerable children will be discussed. The discussion will include, but is not limited to, the domestic implementation of the UN Convention on the Rights of the Child.
For our call for blogs, we have formulated the following questions to inspire contributors:
- Do vulnerable groups of children get adequate protection in the light of the UN Convention on the Rights of the Child?
- Does the implementation of children’s rights differ among different disciplines of law?
- How do international tribunals implement the obligations of the contracting parties arising from the UN Convention on the Rights of the Child into account in their own case law?
- What are the shortcomings of the UN Convention on the Rights of the Child relating to the protection of especially vulnerable children?
The Inter-American Court of Human Rights as an Importer and Exporter of International Norms
Hanna Bosdriesz, Patricia Uribe
The Inter-American Court of Human Rights is a particularly active actor in matters of interaction with other legal systems, both domestic and international. As a producer of new concepts and norms, it has actively sought to export Latin American innovations from its own jurisprudence to other regional and international jurisdictions. At the same time, the Court has also served as a recipient or transmitter of external norms, and as such it has imported international norms developed in other legal systems. It has often transferred those norms directly to the level of Latin American states and encouraged their implementation at state level. In these importing and exporting exercises, the Court has moved beyond the boundaries of traditional human rights law, in particular through the import and transposition of norms from international criminal law and humanitarian law.
This seminar focuses on the role of the Inter-American Court as a transmitter of international norms. It zeroes in on (i) the import of international criminal law norms and (ii) the export of ‘new’ human rights, like the right to truth and the right to identity. The seminar aims to identify underlying features that characterise the IACtHR in terms of its openness to other legal systems and its willingness to being part of a broader international legal enterprise. In doing so, the seminar also reflects on the broader question of how interaction between legal systems may impact on and possibly improve the quality of substantive norms, and how it may ultimately foster implementation of those norms.
The ‘others’ amongst ‘us’: Western societies, ‘otherness’ and the law
In a time of economic crisis, social divides become particularly visible. They affect notably minorities. Underlying is the fact that minorities at large and immigrants in particular tend to be conceived of as ‘others’, which raises the question of the construction and effect of ‘otherness’ in law in our Western societies. Managing increasing diversity in effective ways whilst preserving legitimate interests of all members of society is a real challenge, not merely an academic or judicial question. In this workshop, we will try to chart mechanisms of this otherness in the law of the EU and its Member States. In addition, legislation from other States, such as the USA, Canada, Australia, or Japan will be of interest. We will try to identify what has caused legislative differentiations of immigrants and various groups of immigrants and what the unintended effects of legislative choices can be. Special attention will be paid to the interaction of EU and national legal orders as well as the cross fertilization of socio-legal discussions in all jurisdictions studied. Overall, the objective is to identify patterns leading to similar effects in various jurisdictions and legal cultures.
The workshop will consist of two rounds:
- an expert panel consisting of experts from the jurisdictions mentioned.
- a panel of young researchers.
This call invites papers from young researchers around the world working on immigration related topics and the ‘othering’ of immigrants through law.