10 moot court
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10 moot court

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10 moot court 10 moot court Presentation Transcript

  • Mootcourt
  • Today, Monday, Tuesday
    Actaslegalcounselforthetwosides of thecase
    Notexam
    Not a competition
    Participatetofind out aboutapplying EU law
  • Participation
    Workingroups
    Group memberswillchange
    Everyone has tocontribute
  • Participation
    Ifyoudon’twanttodothis, youcansignupwithyourname
    -15% of totalpoints (out of total 100 youcanonlyget 85)
    Youcan be absenttoday, onMonday and Tuesday
  • Fictionalcase
    Notrealcountries
    Notrealfootballteams
    Notrealpeople
  • Analysethecase
    Preparethetimeline
    Identifyrelevant and irrelevantfacts
    Identifyrelevant and applicablelaw
  • Preparethewrittenarguments
    Both partiescansubmittheiropinion of thecaseinwriting
    Contestthefacts
    Arguefromtheirside
    Point out relevantlaw and precedent
    Have 2 months
  • Here
    Don’thave 2 months
    No problemwiththefacts, justarguethelaw
    I havedone most of theresearch
    Youwillhavetorecognisetherelevance of thelawtexts I giveyou
    Puttogether an argument
  • Today
    Applicants’ reasoning
    Mr. KwameEko, Mr. Kofi Eko and F.C. Tomalona
  • Monday
    Respondents’ reasoning
    FIFA, UEFA, and the Football Association of Ghana and Vittoria
  • Tuesday: oralargument
    Basedonwrittensubmissions
    2 times
    Group preparestheargument
    Choosesrepresentativestopresenttheargument
    Exactprocedurewill be discussed
    Random selectionintogroups
  • Questions?
  • Today
    Formgroups of minimum 5 people!
    1st task: draw a timeline of importantevents
  • Timeline
  • timeline2
    1973 Kwame was born
    2000-kwame signed a five-year deal with A.C Floriana
    July, 2005 Mr. KwameEko and F.C. Tomalona were able to round off the negotiation and agreed upon a 3 year contract .
    2005 UEFA devised ‘Homeground rule’
    FC Tomalona decided to commence proceedings.
  • 2nd task: findrelevantfacts
    Justdealingwithquestion 1 a and b (KwameEko)
  • Question 1/a
    a) Can an international sporting federation apply to a professional sportsman from Ghana a rule according to which clubs must field in league and cup matches a minimum number of domestically trained players, even though this rule applies irrespective of nationality?
  • Question 1/b
    b) Are the specific requirements imposed by the Vittoria F.A. to register certain professional football players compatible with the immigration policies relating to free of movement of persons in the EU?
  • 3rd task: makeuparguments
    Choose a piece of paper
    New groupsaccordingtocolor of paper
    Read yourpaper
    Tell theothersaboutit
    Discussallpieces of law
    Makeup an argument
    Make a poster
  • 4th task: sharewithyouroriginalgroup
    Ifyouaredoneinthecolorgroup, noteyourargument
    Go back tooriginalgroup
    Tell themaboutit
    Togethermakeup a completewrittensubmission (poster)
  • Procedure
    Question asking about Vittoria FA rules, UEFA rules
    Jurisdiction of ECJ
    The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings concerning:
    (a) the interpretation of the Treaties;
    (b) the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union;
    But
    Court has power to extract from a question imperfectly formulated by the national court those questions which alone pertain to the interpretation of the treaty
  • Vittoria F.A.’s regulations
    citizenship of Ghana
    ACP country
    Partnership agreement
    The treatment accorded by each Member State to workers of ACP countries legally employed in its territory, shall be free from any discrimination based on nationality, as regards working conditions, remuneration and dismissal, relative to its own nationals.
    Has direct effect (because similar agreements, ECJ cases
    directly discriminatory measures can only be applied in the cases for which express derogations were provided in the Treaty
  • UEFA homegrown rule – indirect discrimination
    Clubs must play with at least six domestically trained players during official matches. A player can be qualified as domestically trained by a club when he has been at the club for three years between the age of 15 and 21, irrespective of his nationality. Minimum three of these domestic players must have received their training at the club itself; the other domestically trained players must have received their training at another club in the same EU Member State
  • Additional comments
    Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents
    role of sport “as a means of promoting greater involvement of immigrants, for example, in the life of society”, of combating racism and intolerance, as recognised by the document “The European Model of Sport”
  • Monday – observations of respondents
    Fillintheblankreferenceswiththedocumentsprovided
    Someareused 2 times
  • ForTuesday
    I willuploadtheargument of bothsides
    Read bothsoyouunderstand
  • Today
    Finish groupwork till 1 pm
    Preparation for Moot court presentation
    Preliminary ruling procedure
    ECJ in general
    Teamwork!
  • Preliminaryrulings – Art 267
    The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings concerning:
    the interpretation of the Treaties;
    the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union;
  • No jurisdiction…
    to apply that law to the factual situation underlying the main proceedings
    to decide issues of fact raised in the main proceedings
    to resolve differences of opinion on the interpretation or application of rules of national law
  • In ruling on the interpretation or validity of European Union law, the Court makes every effort to give a reply which will be of assistance in resolving the dispute, but it is for the referring court to draw the appropriate conclusions from that reply, if necessary by disapplying the rule of national law in question.
  • National courtsortribunals
    may refer a question to the Court of Justice on the interpretation of a rule of European Union law if it considers it necessary to do so in order to resolve a dispute brought before it
    against whose decisions there is no judicial remedy under national law must, as a rule, refer such a question to the Court,
    unless the Court has already ruled on the point
    or unless the correct interpretation of the rule of law in question is obvious
  • European Court of Justice
    27 Judges
    8 Advocates-General
    persons whose independence is beyond doubt
    and who possess the qualifications required for appointment to the highest judicial offices in their respective countries or who are jurisconsults of recognised competence
  • ECJ Judges – jobinterview!
    appointed by common accord of the governments of the Member States for 6 years
    every 3 years – partial replacement of the Judges and Advocates-General
    a panel set up in order to give an opinion on candidates’ suitability
    7 persons chosen from among former members of the Court of Justice and the General Court, members of national supreme courts and lawyers of recognisedcompetence
  • ECJ formations
    The Court shall sit in the following formations:
    the full Court, composed of all the Judges;
    the Grand Chamber, composed of 13 Judges,
    Chambers composed of 5 or 3 Judges
    President of Court
    Presidents of Chambers
    Judge-Rapporteur
  • Precedence
    Judges and Advocates General rank equally in precedence according to their seniority in office.
    Where there is equal seniority in office, precedence shall be determined by age.
    Retiring Judges and Advocates General who are reappointed retain their former precedence.
  • Procedureinthe ECJ
    Writtenprocedure
    Oralprocedure
    Separateprocedureforpreliminaryrulings and directactions!
  • Texts governing procedure
    Treaties
    Statute of the Court of Justice of the European Union
    Rules of Procedure of the Court of Justice
    Supplementary Rules
    Instructions to the Registrar of the Court of Justice
    Practice directions relating to direct actions and appeals
    Information note on references by national courts for preliminary rulings
    Notes for the guidance of Counsel
  • Writtenprocedure
    purpose: to put before the Court an exhaustiveaccount of the facts, pleas and arguments of the parties and the forms of order sought
    new pleas may not beraised in the course of the proceedings,
    exception of those based on mattersof law and fact which come to light in the course of the procedure
    does not have the same flexibility as thatallowed by certain national rules of procedure
  • Writtenobservations
    after receiving a copy from the Court Registry of the request for a preliminary ruling,
    the"interested parties"
    the litigants before the national court,
    the Member States,
    theCommission ,
    and, if appropriate, the Council, the Parliament and the European CentralBank
    and, in some cases, the other EEA States and the EFTA Supervisory Authority or anon-member State which is a party to an agreement
    may submit a document,referred to as written observations, within a period of two months
    extended on account ofdistance by a period of 10 days in all cases
  • Writtenobservations
    suggest the answers which the Court shouldgive to the questions referred to it,
    and to set out succinctly, but completely, the reasoningon which those answers are based.
    bring to the attention of the Court thefactual circumstances of the case before the national court
    and the relevant provisions ofthe national legislation at issue
  • Writtenobservations
    none of the parties is entitled to reply in writing to the writtenobservations submitted by the others
    submission of written observations is strongly recommended
    since the time allowed fororal argument at the hearing is strictly limited
    However, any party who has not submittedwritten observations retains the right to present oral argument
  • Oralprocedure
    respond to any requests made for the oral submissions to concentrate on particularissues;
    provide a more detailed analysis of the dispute, by clarifying and expounding thepoints which are most important for the Court’s decision;
    submit any new arguments prompted by recent events occurring after the close of thewritten procedure
    answer the questions put by the Court
  • Oralprocedure
    allow the parties and other interested persons to reply to the argumentsput forward by other participants in their written pleadings
    no repetition of what has already been stated inwriting
  • Beforethesitting
    Court invites Counsel to a brief private meeting in orderto settle arrangements for the hearing.
    Judge-Rapporteuror the Advocate General, or both, may indicate other matters which they would like to bedeveloped in the oral submissions
  • Oralprocedure
    oral argument from Counsel for the parties
    questions put to Counsel by the Members of the Court
    brief responses from those Counsel who wish to make them
    Members of the Court frequently interrupt Counsel when they are speaking in order toclarify points which appear to them to be of particular relevance.
  • Decision-making
    deliberate in closed session
    every Judge taking part in the deliberations shall state his opinion and the reasons for it
    the conclusions reached by the majority of the Judges after final discussion shall determine the decision of the Court.
    votesaretakenin reverse order to the order of precedence
  • Lawyersbeforethecourt
    Speakingtime:
    maximum of20 minutes,
    maximum of 15 minutes before Chambers composed ofthree Judges
    Decideiforal argument is really necessary or whether a simple reference to thewritten observations or pleadings would suffice
    only one person per partyto the proceedings is permitted to present oral argument
    must wear a gown
  • Today – oralarguments
    2 groups
    Each group select 3 people to present an argument
    Preparetogether
    2x3 people will speak – max 20 minutes
    Whatyoursuggestedanswer is
    Main lines of argument
    Repliestotheotherside’sreasoning
  • Tomorrow
    EU politics, European politics
  • ForThursday
    Preparetotalkaboutyourresearchonthe EU MemberStateyouchoseonthefirstweek
    Whichpictureshaveyouidentified
    WhyaretheyimportantfortheMemberStateinquestion
    Writeitupin maximum 1 page
    Email ittome
  • Final exam
    Multiple-choice
    Open book
    Questions from everything in the 3 weeks
    Easy