Insight: “Young FIDE Seminar: overview of selected papers” by Trajan Shipley
On 12 May 2021, the Young FIDE Seminar will take place virtually hosted by Leiden University. Although it is organised in the margins of the main FIDE event, it is a separate event open to all young EU law scholars and practitioners, whether or not they participate in the main FIDE Congress.
During the seminar, selected papers by young scholars and practitioners will be presented by their authors and discussed by expert panels, which are set up matching the topics of the main FIDE Conference. These are, respectively: (i) National Courts and the Enforcement of EU law; (ii) Data Protection; and (iii) EU Competition Law and the Digital Economy. Furthermore, three ‘young rapporteurs’ have been asked to take part in the discussions during the Seminar, who will also report back to the respective panels at the FIDE Conference. This year, Prof. Sacha Prechal, judge at the Court of Justice, will deliver the opening lecture during the Young FIDE Seminar.
The first topic deals with the role of national courts in the enforcement of EU law within Member States, and with related doctrines such as the principles of consistent interpretation, direct effect, supremacy and effective judicial protection as well as the system of the preliminary reference more broadly. The selected papers that will be presented in the Young FIDE Seminar deal with questions related to the interaction between the Court of Justice and national courts, procedural law issues related to judicial independence and the rule of law, and the influence of national legal traditions on the EU general principle of effective judicial protection. The rapporteur of this topic is Sim Haket (Utrecht University) and the papers to be presented are the following:
- “‘It is for the referring court to determine…’” – Self-restraint by the European Court of Justice?” by Lennard Michaux;
- “Towards a Common European Procedural Law? Perspectives on the Recent Case-Law on Rule of Law and Judicial Independence” by Vincent Piegsa;
- “‘Faraway, so close!’ The influence of Member States’ legal traditions on the creation and national reception of the EU general principle of effective judicial protection” by Giulia Gentile.
The second topic relates to the setting of data protection global standards in light of technological developments, Article 8 of the Charter, the GDPR and the future e-Privacy Regulation, as well as the interaction with other fundamental rights and domains of law and its enforcement. Here, the Young FIDE selected papers relate to risk in EU data protection law, the enforcement of the right to an effective judicial remedy in this field, and the setting of global standards with regard to the so-called right to be forgotten. The topic’s rapporteur is Teresa Quintel (Luxembourg University) and the selected papers are the following:
- “Analysing risk in European data protection law”, by Anna Maja Vangsted Wallin;
- “Ensuring compliance with the right to an effective judicial remedy in the composite multi-jurisdictional system of GDPR enforcement” by Lisette Mustert;
- “Setting global standards for the right to personal data protection” by Dumitru Ambroci.
Finally, the third topic deals with competition law and the need to protect free and fair competition in the digital revolution and, specifically, with the fitness of today’s EU and national competition law for the challenges posed by this phenomenon. The selected papers address questions such as the undermining of competition in the digital market vis-à-vis ‘killer acquisitions’, the links between competition law and policy and the preservation of democracy, abuse of dominance situations with regard to app stores, and merger features in the digital market. The topic’s rapporteur is Daniel Mandrescu and the selected papers are the following:
- “Killer acquisitions and innovation in the digital sector” by David Pérez de Lamo;
- “What is the relationship between competition policy and the preservation of
- democracy?” by Niels Kirst;
- “Assessing abuse of dominance in the platform economy: a case study of app stores” by Friso Bostoen and Daniel Mandrescu;
- “Reflections on Merger Filings in the Context of Online Platform Competition” by Siyou Zhou.
An EU Law Live podcast and a Weekend Edition on the Young FIDE Seminar will be available in the following weeks.
Trajan Shipley is a Legal Reporter at EU Law Live.