The Systemic and the Particular in European Law
17 November 2022
Irish College, Leuven Janseniusstraat 1, 3000 Leuven
When, how and why does a breach of a particular (set of) legal standard(s) by a Member State acquire a systemic dimension in European Union Law? The use of the “systemic” qualifier and of neighbouring notions such as “structural”, “general”, “generalised” or “general and persistent” is long-established in certain fields of EU law – for instance in the field of EU environment law. It is now applied to instances of non-compliance with EU law in new settings, inter alia in the field of the Area of Freedom, Security and Justice, or in the case-law of the Court of Justice of the European Union regarding breaches of the principle of judicial independence and the right to a fair trial. As this “systemic” approach to violations of EU legal standards appears to be gaining traction, the aim of this conference is to analyse its meanings and functions when used in legal texts and by courts in EU law. Moreover, the analysis will extend to the case-law of the European Court of Human Rights and that of a selection of national courts, in so far as they use similar notions to qualify violations of legal standards.
Scientific committee: Antoine Bailleux (USL-B), Bruno De Witte (Maastricht University), Chloé Brière (ULB), Elise Muir (KU Leuven), Catherine Van De Heyning (UAntwerpen), Peter Van Elsuwege (UGent)
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