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10 moot court


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10 moot court

  1. 1. Mootcourt<br />
  2. 2. Today, Monday, Tuesday<br />Actaslegalcounselforthetwosides of thecase<br />Notexam<br />Not a competition<br />Participatetofind out aboutapplying EU law<br />
  3. 3. Participation<br />Workingroups<br />Group memberswillchange<br />Everyone has tocontribute<br />
  4. 4. Participation<br />Ifyoudon’twanttodothis, youcansignupwithyourname<br />-15% of totalpoints (out of total 100 youcanonlyget 85)<br />Youcan be absenttoday, onMonday and Tuesday<br />
  5. 5. Fictionalcase<br />Notrealcountries<br />Notrealfootballteams<br />Notrealpeople<br />
  6. 6. Analysethecase<br />Preparethetimeline<br />Identifyrelevant and irrelevantfacts<br />Identifyrelevant and applicablelaw<br />
  7. 7. Preparethewrittenarguments<br />Both partiescansubmittheiropinion of thecaseinwriting<br />Contestthefacts<br />Arguefromtheirside<br />Point out relevantlaw and precedent<br />Have 2 months<br />
  8. 8. Here<br />Don’thave 2 months<br />No problemwiththefacts, justarguethelaw<br />I havedone most of theresearch<br />Youwillhavetorecognisetherelevance of thelawtexts I giveyou<br />Puttogether an argument<br />
  9. 9. Today<br />Applicants’ reasoning<br />Mr. KwameEko, Mr. Kofi Eko and F.C. Tomalona<br />
  10. 10. Monday<br />Respondents’ reasoning<br />FIFA, UEFA, and the Football Association of Ghana and Vittoria<br />
  11. 11. Tuesday: oralargument<br />Basedonwrittensubmissions<br />2 times<br />Group preparestheargument<br />Choosesrepresentativestopresenttheargument<br />Exactprocedurewill be discussed<br />Random selectionintogroups<br />
  12. 12. Questions?<br />
  13. 13. Today<br />Formgroups of minimum 5 people!<br />1st task: draw a timeline of importantevents<br />
  14. 14. Timeline<br />
  15. 15. timeline2<br />1973 Kwame was born<br />2000-kwame signed a five-year deal with A.C Floriana<br />July, 2005 Mr. KwameEko and F.C. Tomalona were able to round off the negotiation and agreed upon a 3 year contract .<br />2005 UEFA devised ‘Homeground rule’<br />FC Tomalona decided to commence proceedings.<br />
  16. 16. 2nd task: findrelevantfacts<br />Justdealingwithquestion 1 a and b (KwameEko)<br />
  17. 17. Question 1/a<br />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? <br />
  18. 18. Question 1/b<br />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? <br />
  19. 19. 3rd task: makeuparguments<br />Choose a piece of paper<br />New groupsaccordingtocolor of paper<br />Read yourpaper<br />Tell theothersaboutit<br />Discussallpieces of law<br />Makeup an argument<br />Make a poster<br />
  20. 20. 4th task: sharewithyouroriginalgroup<br />Ifyouaredoneinthecolorgroup, noteyourargument<br />Go back tooriginalgroup<br />Tell themaboutit<br />Togethermakeup a completewrittensubmission (poster)<br />
  21. 21. Procedure<br />Question asking about Vittoria FA rules, UEFA rules<br />Jurisdiction of ECJ<br />The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings concerning: <br />(a) the interpretation of the Treaties; <br />(b) the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union; <br />But<br />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 <br />
  22. 22. Vittoria F.A.’s regulations<br />citizenship of Ghana<br />ACP country<br />Partnership agreement<br />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. <br />Has direct effect (because similar agreements, ECJ cases<br />directly discriminatory measures can only be applied in the cases for which express derogations were provided in the Treaty<br />
  23. 23. UEFA homegrown rule – indirect discrimination<br />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<br />
  24. 24. Additional comments<br />Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents<br />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”<br />
  25. 25. Monday – observations of respondents<br />Fillintheblankreferenceswiththedocumentsprovided<br />Someareused 2 times<br />
  26. 26. ForTuesday<br />I willuploadtheargument of bothsides<br />Read bothsoyouunderstand<br />
  27. 27. Today <br />Finish groupwork till 1 pm<br />Preparation for Moot court presentation<br />Preliminary ruling procedure<br />ECJ in general<br />Teamwork!<br />
  28. 28. Preliminaryrulings – Art 267<br />The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings concerning: <br />the interpretation of the Treaties; <br />the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union; <br />
  29. 29. No jurisdiction…<br />to apply that law to the factual situation underlying the main proceedings<br />to decide issues of fact raised in the main proceedings <br />to resolve differences of opinion on the interpretation or application of rules of national law<br />
  30. 30. 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. <br />
  31. 31. National courtsortribunals<br />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<br />against whose decisions there is no judicial remedy under national law must, as a rule, refer such a question to the Court, <br />unless the Court has already ruled on the point <br />or unless the correct interpretation of the rule of law in question is obvious <br />
  32. 32. European Court of Justice<br />27 Judges<br />8 Advocates-General<br />persons whose independence is beyond doubt <br />and who possess the qualifications required for appointment to the highest judicial offices in their respective countries or who are jurisconsults of recognised competence <br />
  33. 33. ECJ Judges – jobinterview!<br />appointed by common accord of the governments of the Member States for 6 years <br />every 3 years – partial replacement of the Judges and Advocates-General <br />a panel set up in order to give an opinion on candidates’ suitability<br />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<br />
  34. 34. ECJ formations<br />The Court shall sit in the following formations:<br />the full Court, composed of all the Judges;<br />the Grand Chamber, composed of 13 Judges,<br />Chambers composed of 5 or 3 Judges<br />President of Court<br />Presidents of Chambers<br />Judge-Rapporteur<br />
  35. 35. Precedence<br />Judges and Advocates General rank equally in precedence according to their seniority in office.<br />Where there is equal seniority in office, precedence shall be determined by age.<br />Retiring Judges and Advocates General who are reappointed retain their former precedence. <br />
  36. 36. Procedureinthe ECJ<br />Writtenprocedure<br />Oralprocedure<br />Separateprocedureforpreliminaryrulings and directactions!<br />
  37. 37. Texts governing procedure<br />Treaties<br />Statute of the Court of Justice of the European Union <br />Rules of Procedure of the Court of Justice<br />Supplementary Rules<br />Instructions to the Registrar of the Court of Justice<br />Practice directions relating to direct actions and appeals <br />Information note on references by national courts for preliminary rulings<br />Notes for the guidance of Counsel <br />
  38. 38. Writtenprocedure<br />purpose: to put before the Court an exhaustiveaccount of the facts, pleas and arguments of the parties and the forms of order sought<br />new pleas may not beraised in the course of the proceedings, <br />exception of those based on mattersof law and fact which come to light in the course of the procedure<br />does not have the same flexibility as thatallowed by certain national rules of procedure<br />
  39. 39. Writtenobservations<br />after receiving a copy from the Court Registry of the request for a preliminary ruling, <br />the"interested parties" <br />the litigants before the national court, <br />the Member States, <br />theCommission ,<br />and, if appropriate, the Council, the Parliament and the European CentralBank <br />and, in some cases, the other EEA States and the EFTA Supervisory Authority or anon-member State which is a party to an agreement <br />may submit a document,referred to as written observations, within a period of two months <br />extended on account ofdistance by a period of 10 days in all cases<br />
  40. 40. Writtenobservations<br />suggest the answers which the Court shouldgive to the questions referred to it,<br /> and to set out succinctly, but completely, the reasoningon which those answers are based. <br /> bring to the attention of the Court thefactual circumstances of the case before the national court <br />and the relevant provisions ofthe national legislation at issue<br />
  41. 41. Writtenobservations<br />none of the parties is entitled to reply in writing to the writtenobservations submitted by the others<br />submission of written observations is strongly recommended <br />since the time allowed fororal argument at the hearing is strictly limited<br />However, any party who has not submittedwritten observations retains the right to present oral argument<br />
  42. 42. Oralprocedure<br />respond to any requests made for the oral submissions to concentrate on particularissues;<br />provide a more detailed analysis of the dispute, by clarifying and expounding thepoints which are most important for the Court’s decision;<br />submit any new arguments prompted by recent events occurring after the close of thewritten procedure <br />answer the questions put by the Court<br />
  43. 43. Oralprocedure<br />allow the parties and other interested persons to reply to the argumentsput forward by other participants in their written pleadings<br />no repetition of what has already been stated inwriting<br />
  44. 44. Beforethesitting<br />Court invites Counsel to a brief private meeting in orderto settle arrangements for the hearing. <br />Judge-Rapporteuror the Advocate General, or both, may indicate other matters which they would like to bedeveloped in the oral submissions<br />
  45. 45. Oralprocedure<br />oral argument from Counsel for the parties<br />questions put to Counsel by the Members of the Court<br />brief responses from those Counsel who wish to make them<br />Members of the Court frequently interrupt Counsel when they are speaking in order toclarify points which appear to them to be of particular relevance.<br />
  46. 46. Decision-making<br />deliberate in closed session<br />every Judge taking part in the deliberations shall state his opinion and the reasons for it<br />the conclusions reached by the majority of the Judges after final discussion shall determine the decision of the Court. <br />votesaretakenin reverse order to the order of precedence<br />
  47. 47. Lawyersbeforethecourt<br />Speakingtime:<br />maximum of20 minutes, <br />maximum of 15 minutes before Chambers composed ofthree Judges<br />Decideiforal argument is really necessary or whether a simple reference to thewritten observations or pleadings would suffice<br />only one person per partyto the proceedings is permitted to present oral argument<br />must wear a gown<br />
  48. 48.
  49. 49. Today – oralarguments<br />2 groups<br />Each group select 3 people to present an argument<br />Preparetogether<br />2x3 people will speak – max 20 minutes<br />Whatyoursuggestedanswer is<br />Main lines of argument<br />Repliestotheotherside’sreasoning<br />
  50. 50. Tomorrow<br />EU politics, European politics<br />
  51. 51. ForThursday<br />Preparetotalkaboutyourresearchonthe EU MemberStateyouchoseonthefirstweek<br />Whichpictureshaveyouidentified<br />WhyaretheyimportantfortheMemberStateinquestion<br />Writeitupin maximum 1 page<br />Email ittome<br />
  52. 52. Final exam<br />Multiple-choice<br />Open book<br />Questions from everything in the 3 weeks<br />Easy<br />