Subject: The course features a training scheme already experimented in part with labor judges, in a delicate subject dealing with both economic and market aspects and human rights (more specifically, the rights of the workers and of those eligible for social welfare services) and in which legal practitioners are continuously called upon to deal with European law, also with reference to the ECHR.
The specific aim of the course is part of the broader objective of promoting the effective protection of EU law on the part of national courts so as to establish a standard knowledge, within each Member State, of the mechanisms adopted by the Court of Justice to decide on the disputes submitted to it by the national courts for preliminary ruling, of the value of the Court's decisions in relation to the principles of EU law, of the techniques for enforcing these principles in our legal system, and of the way in which such principles interfere with the principles of national, including constitutional, law.
The course aims not only to study the role of the European Court of Justice and the procedures, by which the Community Court makes its decisions, but also to widen the knowledge of the preliminary ruling mechanism, and thus define the role of the national courts as the decentralized bodies of EU legislation. The course will also focus on the effectiveness of the judgments passed by the Court of Justice in the various member states, and on the role of national courts to interpret domestic legislation in conformity with the established, uniform and consolidated case-law of the European Community Court.
The course also aims to investigate further, during special sessions, on the principles of the European Convention on Human Rights that emerge from the specific subjects covered by the participants.
In this context (namely, the specialty of the subject), an ad hoc semi-session will be dedicated to an in-depth analysis of the contents of the European Convention on Human Rights and of the European Convention for the Protection of Human Rights, of its relationship with the national legal system and with that of the European Union, of its relationship with the Constitutional Charter and with the Charter of Fundamental Rights of Nice and Strasbourg and, especially, of the powers and obligations reserved to the national courts in implementing the rights protected by the Convention, and, finally, of the binding nature of the decisions made by the ECHR in the national judicial system.
An afternoon tutorial will also be dedicated to a study of the websites of the Court of Justice and of the European Court of Human Rights so as to disseminate their use and knowledge among the courts, as well as of other computer methods granting that make it possible to gain knowledge of European legislation and case-law.
Structure and Methodology: In order to promote full participation and involvement in the lectures, a discussion meeting will be set up before the start of the course between the teaching staff and the participants, where each of the latter will be allowed to contribute to the preparation of the course, recommending the best procedures for conducting the workshops and studying the materials sent in advance by the speakers.
Each speaker, in fact, will be requested to prepare the material beforehand - the main references to the case-law, articles of doctrine, etc. – which will be distributed by mail 30 days prior to the meeting with the participants and discussed in an ad hoc directory in order to establish a relationship between the teachers and trainees prior to the start of the course, thus increasing the potential for learning and knowledge.
Said directory will be used also after the course to gather the experiences of students in the forums, including the linguistic forums, which will be promoted through the Gaius project.
Candidates: civil magistrates of first instance and high court performing in whole or in part the functions of labor magistrates. The course is open to private practice attorneys and INPS and INAIL attorneys.