When planets collide: a critical analysis of the recent case law of the European Court of Justice on the interplay between EU law and international law

Date & time
6–7pm Wednesday 27 August 2014
Venue
Law Link Theatre, ANU College of Law, Building 5, Fellows Rd, The Australian National University, Canberra
Speakers
Dr Federico Casolari, University of Bologna

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Seminar
Attention to the relationship between international law and EU law has dramatically gained momentum in the legal discourse on the European integration process. On the one hand, this attention is due to the increasingly prominent role played by the European Union in the international arena. This requires consideration of how to define the status and the effects of EU international commitments within the EU legal order. On the other hand, it is the judicial activism of the European Court of Justice (ECJ), whose decisions have significantly contributed to shaping the way in which international law is incorporated into EU law, and its resolution of potential conflicts between international law and EU law that has caused this greater attention.

This seminar will shed light on the attitude shown by the ECJ towards international law. Examining recent case law, it will explore how international law may be deemed to form part of the law of the European Union. In this respect, particular attention will be paid to the Kadi saga (concerning the implementation – at EU level – of the smart sanctions’ regime first established by UNSCR 1267 (1999)), which has occupied a central place in the judicial debate over the last few years.

Federico Casolari is Assistant Professor of International Law at the Law School of the University of Bologna, where he teaches European Union law. He is also visiting professor at the Institute for European Studies of the Université Libre de Bruxelles (Brussels), member of the Flying Faculty of the China-EU School of Law (CESL), and member of the Interest Group ‘The EU as a global actor’ of the European Society of International Law. Federico Casolari studied law in Modena and obtained his PhD at the University of Bologna (2006). He is author of many publications on the relationship between International law and European Union law, EU constitutional principles and EU disaster response law. In 2012, he acted as a Senior Legal Expert within the framework of the EU Project ‘Support to Judicial and Legal Reform in the Republic of Kazakhstan’ (EuropeAid/128586/C/SER/KZ – Service contract 2009/200-051), and served as a Consultant of the Italian Ministry of Foreign Affairs, Programme ‘SMEs Governance and Development’.

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