Cambridge Centre for European Legal Studies (CELS) Podcast

Speaker: Dr Andriani Kalintiri, King’s College LondonAbstract: Is EU antitrust law resilient in the face of change? This question has acquired prominence amidst the many crises and disruptions of recent times, such as the COVID-19 pandemic, climate change and digitalisation. Attempts to answer it though have been rather narrow in scope and tend to employ the language of resilience casually. This article contributes to knowledge (a) by developing a conceptual framework for understanding and assessing legal resilience in administrative enforcement systems and (b) by applying it to Articles 101 and 102 TFEU with a view to investigating its ability to respond to change in a systematic manner. The analysis reveals that the current regime exhibits several design features that enable decisionmakers to make resilience choices as needed, and the resilience choices that have been made on various occasions are prima facie justifiable given the nature of the problem the European Commission and/or the EU Courts were faced with. However, certain aspects of the existing legal framework may weaken or limit EU antitrust law’s ability to deal with certain problems, in particular (very) complex ones, whereas some of the resilience choices that have been made have had implications for legal certainty, coherence and legitimacy that may not have been sufficiently appreciated so far. The article highlights the added value of a legal resilience perspective for effectively using EU antitrust law as a tool for tackling problems in an ever-changing world and demonstrates that, albeit not a panacea, such a perspective may reinforce the quality of enforcement and public’s trust in it.3CL runs the 3CL Travers Smith Lunchtime Seminar Series, featuring leading academics from the Faculty, and high-profile practitioners: https://www.3cl.law.cam.ac.uk/centre-activitiesFor more information about CELS see: https://www.cels.law.cam.ac.uk/weekly-seminar-series

Speaker: Professor Barend van Leeuwen, Durham UniversityAbstract: What do we mean when we talk about the "horizontal direct effect" of the free movement provisions? You would think that, after decades of case law on the free movement provisions, the meaning of this concept should be relatively clear and crystallised. However, there is still a significant amount of disagreement about the very meaning of the concept of "horizontal direct effect". While some EU lawyers speak of horizontal direct effect when the free movement provisions are applied in a dispute between private parties (a procedural approach), other EU lawyers will only refer to horizontal direct effect when the rule or conduct that is being challenged is of a private nature (a substantive approach). This paper will analyse these different interpretations of the concept of horizontal direct effect through the lens of the "Familiapress dilemma". It will be argued that a distinction should be made between horizontal direct effect cases (in which private rules or actions are challenged in a dispute between private parties) and horizontal enforcement cases (in which State rules or actions are challenged in a dispute between private parties). The problem with a procedural approach to horizontal direct effect is that no connection is made between direct effect and the question of who is held responsible (and liable) for breaches of the free movement provisions. This makes it more difficult to provide effective judicial protection to victims of breaches of free movement law, because it is unclear who should ultimately "pay the bill". Against this background, it will be argued that the CJEU should develop more explicit techniques or "formulas" to allocate responsibility in free movement cases. In parallel, the CJEU should improve the effectiveness of the remedies of State liability and private liability for breaches of the free movement provisions.For more information see:https://www.cels.law.cam.ac.uk/weekly-seminar-series

Speakers: Professor Eleanor Sharpston KC, Advocate General, CJEU (2006-2020) and Goodhart Professor, University of Cambridge (2023/2024) and Dr Markus W. Gehring, Associate Professor, Faculty of Law and Member of CELS. Abstract: On 18 September 2023 the Group of 12 Experts from both France and Germany released their proposal ‘Sailing on High Seas: Reforming and Enlarging the EU for the 21st Century’. The Group make two proposals on the Rule of Law and five further proposals for institutional reform. Overall, the Group had three objectives to increase the EU’s capacity to act, to get the institutions ready for enlargement and strengthen democratic legitimacy and rule of law. This resulted in a series of proposals for inter alia treaty change. The proposals are all on a continuum but largely aim for reform rather than a recreation of the European Union. They align with other reform proposals and at times take up proposals that were made for EU reform in the past or indeed discussed during the EU Constitutional convention process in the early 2000s. The objective here was clearly reformation rather than revolution. This conversation discusses some of the individual reform proposals in the context of the practice of the Court of Justice – could these proposal mean the beginning of 'Europe’s Second Constitution'?For more information see:https://www.cels.law.cam.ac.uk/weekly-seminar-series

Speaker: Professor Eleanor Sharpston KC, Advocate General, CJEU (2006-2020) and Goodhart Professor, University of Cambridge (2023/2024)Abstract: As an AG Professor Sharpston worked on religious discrimination and employment matters, delivering an opinion in one of the first two hijab cases (Bougnaoui) and then the ‘shadow opinion’ in Wabe and Müller, which she posted via Professor Steve Peers’ EU law blog after leaving the Court. She has already compared Achbita and Bougnaoui to the decisions in Egenberger and the Caritas hospital case (IR v JQ) in her festschrift contribution for Allan Rosas. Unsurprisingly, she has been keeping an eye open for further developments in that case law (WABE and Müller, S.C.R.L (Religious clothing) and, most recently, Commune d’Ans (Grand Chamber, 28 November 2023). Additionally, she has also been looking at what the Court has been saying in relation to ritual slaughter of animals (as required for meat-eating observant Jews and Muslims). Notable cases include Liga van Moskeeën, Oeuvre d’assistance aux bêtes d’abattoirs (OABA) and Centraal Israëlitisch Constistorie. The case law of the European Court of Human Rights also addresses these issues: Eweida v UK on religious symbols in the workplace, and the very recent decision (13 February 2024) in Executief van de Moslims van België and Others v Belgium on banning ritual slaughter of animals without prior stunning. The cases are constitutionally important in terms of the deference shown to Member States; and in some respects, they are troubling for anyone who is religious and non-Christian.Discussion chaired by Dr Markus W. Gehring, Associate Professor, Faculty of Law and Member of CELS.For more information see:https://www.cels.law.cam.ac.uk/weekly-seminar-series

Speaker: José Barroso, former President of the European CommissionBiography: José Manuel Durão Barroso served twelve years in the Government of Portugal including as Prime Minister and Minister of Foreign Affairs Minister. He was President of the European Commission during two mandates (2004/2014).His academic appointments include visiting professor at Georgetown University and visiting professor at Princeton University. He is currently a visiting professor at the Catholic University of Portugal and at the European University Institute, School of Transnational Governance, Florence. José Manuel Barroso studied Law (University of Lisbon) Political Science and International Affairs (University of Geneva).He is currently Chair of the Board of Gavi, the Vaccine Alliance, and Chairman of International Advisors, Goldman Sachs.For more information see:https://www.cels.law.cam.ac.uk/weekly-seminar-series

Speaker: Eleanor Sharpston KC, Advocate General, CJEU (2006-2020) and Goodhart Professor, University of Cambridge (2023/2024) Abstract: The CJEU is a court that speaks through a single judgment, and that ‘dialogues’ with its Advocates General without ever saying quite what that dialogue means. What is the reader to make of the interplay between the individual opinion of the advocate general and the collective decision of the judges? The final seminar in the series asks some questions, suggests some partial answers, and invites reflection on whether the current arrangements should ‘evolve’ (and, if so, in what direction).For more information see: https://www.cels.law.cam.ac.uk/weekly-seminar-series

Speakers: João Vale de Almeida, Former Ambassador of the European Union to the United Kingdom (2020-2022) and Eleanor Sharpston KC, Advocate General, CJEU (2006-2020) and Goodhart Professor, University of Cambridge (2023/2024) Abstract: The UK and EU relationship has not been straight forward since Brexit but since Rishi Sunak became Prime Minister a certain amount of pragmatism has prevailed. Meanwhile, the European Union is facing significant geo-political challenges – not least the war in Ukraine and the Israel-Palestine conflict. Does it have capacity to think about these broader issues? The Ukraine conflict has led to much deeper thinking about enlargement of the EU, not just for Ukraine but also the Baltic states. The question of Europe of concentric circles has been raised again. What might a Europe of concentric circles mean for the accession and neighbourhood countries? What else can be done to improver relations with our closest trading partner?For more information see: https://www.cels.law.cam.ac.uk/weekly-seminar-series

Speaker: Eleanor Sharpston KC, Advocate General, CJEU (2006-2020) and Goodhart Professor, University of Cambridge (2023/2024) Abstract: A common complaint of common lawyers is that the way in which CJEU judgments are written is abstract and obscure. The criticism is levelled most notably at judgments that reply to requests for a preliminary ruling from national courts. Once you understand about language and the Court, there are a lot of hidden clues, if you only know where to look for them. This second seminar is designed to help you squeeze the maximum information out of the text, and alert you to what those formulae you’re reading really mean.For more information see: https://www.cels.law.cam.ac.uk/weekly-seminar-series

Speaker: Eleanor Sharpston KC, Advocate General, CJEU (2006-2020) and Goodhart Professor, University of Cambridge (2023/2024) Abstract: The CJEU is unique in having 24 equally valid languages of procedure, plus an informal and unofficial working language (French) which is not necessarily spoken by as great a percentage of staff members in 2023 as it was when the Court was first set up by the original six founding Member States. What does running a 24-language court mean in theory and in practice? How does the diversity of language – and indeed of legal tradition (in the sense of how legal argument is presented) – impact upon the way the CJEU functions, how it handles its caseload, and how it writes its judgments? For more information see: https://www.cels.law.cam.ac.uk/weekly-seminar-series

On 12 May 2023 the Cambridge University Centre for European Legal Studies and (CELS) and the Ukrainian Catholic University School of Law held a webinar on the topic 'The Impact on Russia’s War against Ukraine and the EU Legal Order'. Dr Luigi Lonardo (University College Cork) will discussed his book ‘Russia’s 2022 War Against Ukraine and the Foreign Policy Reaction of the EU: Context, Diplomacy, and Law’ which focuses on the pre-war EU-Ukraine relations and the effects of Russia’s 2022 war against Ukraine on the EU, and the EU’s reaction to the war. There were five speakers at the event: Speaker: Dr Luigi Lonardo (University College Cork) Chair: Dr Markus Gehring (University of Cambridge) Introduction: Nataliya Haletska Respondent: Professor Taras Leshkovych (Ukrainian Catholic University Law School) Respondent: Dr Maxim Kolyba (Ukrainian Catholic University Law School) This entry provides an audio source for iTunes.

Speaker: Professor Wolfgang Wurmnest Biography: Wolfgang Wurmnest is a full professor of law at the University of Hamburg since 2021. Previously he served as a full professor at the Universities of Augsburg (2013–2021) and Hanover (2009–2013), and as a Senior Research Fellow at the Max Planck Institute of Private International and Comparative Law, Hamburg (2004–2008). He was a visiting scholar in Foggia, Lyon, Hanoi and (from September 2022 onwards) Cambridge. His main fields of research are comparative and international tort and competition law. 3CL runs the 3CL Travers Smith Lunchtime Seminar Series, featuring leading academics from the Faculty, and high-profile practitioners. The Cambridge Private Law Centre acknowledges with gratitude the generous financial support of Freshfields Bruckhaus Deringer LLP and of South Square: https://www.3cl.law.cam.ac.uk/centre-activities For more information about CELS see: https://www.cels.law.cam.ac.uk/weekly-seminar-series This entry provides an audio source for iTunes.

The Centre for European Legal Studies (CELS), Centre for Public Law (CPL) and the Lauterpacht Centre for International Law (LCIL) warmly invite you to an online Rapid Response Seminar on the UK Internal Market Bill. The United Kingdom Internal Market Bill 2019-21 was introduced on 9 September 2020 and contained what observers have called constitutional dynamite and the newspapers described as ‘Britannia waives the rules.’ Ministers have alternatively called it ‘his does break international law in a specific and limited way’ or justified it as a reaction to a material breach by the EU to the Withdrawal Agreement and the Northern Ireland/Ireland Protocol. A detailed provision authorising Ministers (possibly with consent of Parliament) to breach international law and preventing access to the courts is unprecedented. The three Research Centres of the Faculty of Law have joined forces to analyse three aspects of the UK Internal Market Bill in a rapid response seminar. Experts on EU law, international law and public law will jointly discuss different aspects of the introduction, passage and potential consequences of the Bill. While the content of the Bill and the rules governing the internal market are equally controversial, these will be discussed in detail in November during an academic CELS seminar. The rapid response given by members of the three research centres is designed to bring different legal perspectives together and provide expert opinions on this new legislation from diverse points of view. It will allow enough time for an online Q&A, so please submit your questions through the chat. Welcome – UK Internal Market Bill Rapid Response Seminar (5 min) Professor Mark Elliot (for the Faculty of Law) Professor Alison Young (for the Centre for Public Law) Professor Catherine Barnard (for CELS) Dr Lorand Bartels (for the LCIL) Panel 1 – The Withdrawal Agreement, the Northern Ireland Protocol and the Withdrawal Agreement Act (Special status of EU law, international law in UK domestic law, why are state aid and customs checks a problem for the UK internal market?) (25 min) Chair: Dr Gehring Dr Bartels– International law Professor Barnard – EU law Dr Steinfeld – Public law Panel 2 – The breach of an international treaty, the rule of law and sovereignty of Parliament (Is there a breach, does it matter, does the Ministerial Code prevent it, why are the devolved administrations concerned?) (25 min) Chair: Dr Hinarejos Dr Bartels – International law Dr Gehring – EU law Professor Young – Public law Panel 3 – Consequences of breaches in international law, reactions by the EU, ongoing trade negotiations and dispute settlement (Analysis of the statements by the Cabinet Office and the EU Commission and EU Parliament, US politicians?) (25 min) Chair: Professor Barnard Dr Bartels – International Law Professor Armstrong – EU Law Professor Young – Public law Questions and Answers (30 min) This entry provides an audio source.

The Centre for European Legal Studies (CELS), and the Centre for Public Law (CPL) warmly invite you to an online Rapid Response Seminar on the proposed UK Northern Ireland Protocol Bill. The United Kingdom Foreign Secretary announced on 17 May that a Bill will be introduced in response to "the grave situation in Northern Ireland", there was a "necessity to act to ensure institutions can be restored as soon as possible". (BBC News) While there is still the preference for a negotiated solution the Government highlighted that if a resolution cannot be reached, the UK would take steps to "cement provisions" that are working in the protocol, while "fixing those elements that aren't". The EU expressed grave concern and signalled that countermeasures would be adopted if the UK went ahead with its plans. The two Research Centres of the Faculty of Law have joined forces to analyse two aspects of the proposed cause of action in a rapid response seminar. Experts on EU law and public law will jointly discuss different aspects of the proposal. It will allow enough time for an online Q&A, so please submit your questions through the chat. Speakers: - Professor Lorand Bartels – UK Border Concerns - Professor Catherine Barnard – Linkages of the Protocol with the TCA and similarities/differences in Dispute Settlement - Dr Stefan Theil – Reactions by the EU and in the Member States Broader Systemic Implications - Professor Alison Young – International Legal Advice in the Westminster Government - Dr Markus Gehring – Unilateral Actions in EU and International Law For more information see: https://www.cels.law.cam.ac.uk/ and https://www.cpl.law.cam.ac.uk/ This entry provides an audio source.

Speaker: Professor Carlos Moreiro González, University Carlos III, Madrid Biography: Professor Carlos Moreiro González is Chair in International Law at the University Carlos III in Madrid and Jean Monnet Chair in EU Law. Abstract: This talk will focus on some paradoxical legal issues that entail the implementation of Articles 2 and 7 of the TEU. Both provisions lack, in my view, the normative standards which are necessary to preserve the Rule of Law and the Democratic Principle in the EU. In addition, the current context of the international crisis created by the Criminal Attack of the Russian Federation to Ukraine has given a unique role to the Eastern European States which may contribute to dilute the rulings of the CJEU regarding some breaches of the Rule of Law by both the Polish and the Hungarian Government. For more information see: https://www.cels.law.cam.ac.uk/weekly-seminar-series This entry provides an audio source.

Speaker: Professor Antonio Estella de Noriega, University Carlos III of Madrid Biography: Antonio Estella is Professor of Administrative Law and Jean Monnet Professor "ad personam" of European Economic Governance Law at the Carlos III University of Madrid (Spain). He has been Jean Monnet Professor of European Union Law in 2006-2010. He completed his PhD at the European University Institute (Florence, Italy, 1997) with an essay on the principle of subsidiarity, receiving the unanimous compliments of the jury for the "excellent quality of the doctoral thesis". He holds a Master's Degree in Community Law from the ULB (Brussels, Belgium, 1992). He graduated in Law from the Autonomous University of Madrid (Spain) in 1991. He started his academic career at the UC3M in 1997, where he obtained a tenured position as Associate Professor in 2003. In 2006 he obtained a Jean Monnet Chair in EU Law and in 2013 he was granted a Jean Monnet Chair "ad personam" in European Economic Governance Law. He has published on administrative law, constitutional law, European law, on theory of law and on the legal aspects of European economic governance. He has been Visiting Fellow at the University of Berkeley (1999), Princeton University (2012) and the University of Oxford (European and Comparative Law Institute) (2014-2015). He is the author of "The EU Principle of Subsidiarity and its Critique" (Oxford University Press, 2002), "El dilema de Luxemburgo: el Tribunal de Justicia de las Comunidades Europeas ante el Principio de Subsidiariedad" "(Ceura, 2000)," El control de la administración comunitaria a través de la motivación" (Aranzadi, 2005), "España y Europa: hacia una nueva relación” (Tirant Lo Blanch, 2014). He has recently published "The Legal Foundations of EU Economic Governance", (Cambridge University Press, 2018). He has been a member of/ is a member of evaluation panels of the Jean Monnet Program, the Altiero Spinelli Program, and the ERC program, in addition to other programs of a national (spanish) scope. He is a member of the editorial board of several Spanish and international journals, a member of the Executive Board of the Council for European Studies (Columbia University). He chairs the CES Law Research Network, an interdisciplinary and multinational network aimed at reinvigorating research in EU law. For more information see: https://www.cels.law.cam.ac.uk/weekly-seminar-series This entry provides an audio source.

Speaker: Professor Colin Scott, University College, Dublin Biography: Colin Scott is Professor of EU Regulation & Governance at University College Dublin, where he currently serves as Vice President for Equality, Diversity and Inclusion, Principal of UCD College of Social Sciences and Law and Dean of Social Sciences. He was previously Dean of Law in UCD and has held academic posts at the University of Warwick, the London School of Economics, the Australian National University and the College of Europe Bruges. His main research interests lie in the field of regulatory governance and he served as Convenor of the ECPR Standing Group on Regulatory Governance from 2016 to 2021. He has held editorial positions at the Modern Law Review, Law & Policy, and Legal Studies and currently serves on the Editorial Board of The Conversation UK. This entry provides an audio-only item for iTunes. For more information see: https://www.cels.law.cam.ac.uk/weekly-seminar-series

Professor Pablo Ibáñez Colomo (LSE) gave a lunchtime seminar entitled "Law, Policy, Expertise: Judicial Review in EU Competition Law" on 16 March 2022 at the Faculty of Law as a guest of CELS (the Centre for European Legal Studies). Biography: Pablo Ibáñez Colomo is Professor of Law and Jean Monnet Chair in Competition and Regulation at London School of Economics and Political Science. He is also a Visiting Professor at the College of Europe (Bruges), Joint General Editor of the Journal of European Competition Law & Practice and co-editor of the Chillin’ Competition Blog. He received a PhD from the European University Institute in June 2010 (Jacques Lassier Prize). Before joining the EUI as a Researcher in 2007, he taught for three years at the Law Department of the College of Europe (Bruges), where he also completed an LLM in 2004. This entry provides an audio-only item for iTunes. For more information see: https://www.cels.law.cam.ac.uk/weekly-seminar-series

Dr Or Brook (Leeds University) gave a lunchtime seminar entitled "Non-Competition Interests in EU Antitrust Law: An Empirical Study of Article 101 TFEU" on 11 March 2022 at the Faculty of Law as a guest of CELS (the Centre for European Legal Studies). Biography: Dr Or Brook is a Lecturer in Competition Law and the deputy-director of the Centre for Business Law and Practice, School of Law at the University of Leeds, where she teaches EU and international competition law, business regulation, and quantitative research methods. Holding an academic background in law and economics, she employs empirical approaches to study questions related to the goals of competition law, the role of public policy consideration, decentralised enforcement, and the exercise of enforcement discretion. Dr Brook is the director of the UK branch of the International Academic Society for competition law (ASCOLA UK) and a Non-Resident Institute Research Fellow at the Institute for Consumer Antitrust Studies at the Loyola University Chicago School of Law. This entry provides an audio-only item for iTunes. For more information see: https://www.cels.law.cam.ac.uk/weekly-seminar-series

Dr Magali Eben (Glasgow University) gave a lunchtime seminar entitled "The antitrust market does not exist... so why should we define one? Market definition's sense and nonsense in digital markets" on 9 March 2022 at the Faculty of Law as a guest of CELS (the Centre for European Legal Studies). Biography: Dr Magali Eben is Lecturer in Competition Law at the University of Glasgow, where she teaches UK and EU competition law and US antitrust law. Her current research focuses on antitrust in digital markets, market definition, national and international divergences in competition law, the challenges for competition law created by innovation and technology and legal certainty and coherence in competition law. She is currently writing a book on market definition in digital markets, based on her PhD completed at the University of Leeds. Magali is co-director of the UK Chapter of ASCOLA (the Academic Society for Competition Law). ASCOLA is a global organisation with several regional chapters. ASCOLA's website is https://ascola.org/. ASCOLA UK can be found on Twitter or on LinkedIn. In addition to her academic work, Magali consults for UK and Belgian law firms, both in the area of competition law and EU law more broadly. This entry provides an audio-only item for iTunes. For more information see: https://www.cels.law.cam.ac.uk/weekly-seminar-series

The Lauterpacht Centre for International Law (LCIL) and the Centre for European Legal Studies (CELS) held an online Rapid Response Seminar on the War in Ukraine on 7 March 2022. On the 24 February 2022 Russian troops launched a fully-fledged invasion of Ukraine after force had been used between the two countries in February 2014 with the annexing of Crimea by Russia. The UN General Assembly in its emergency session decided on 2 March 2022 that it: ‘[d]eplores in the strongest terms the aggression by the Russian Federation against Ukraine in violation of Article 2 (4) of the Charter; demands that the Russian Federation immediately cease its use of force against Ukraine and to refrain from any further unlawful threat or use of force against any Member State; also demands that the Russian Federation immediately, completely and unconditionally withdraw all of its military forces from the territory of Ukraine within its internationally recognized borders and [d]eplores the 21 February 2022 decision by the Russian Federation related to the status of certain areas of the Donetsk and Luhansk regions of Ukraine as a violation of the territorial integrity and sovereignty of Ukraine and inconsistent with the principles of the Charter.’ In this Webinar we aimed to analyse the international and EU law aspects of the war in Ukraine. Experts on international and EU law, discussed different aspects of the use of force by Russia, and the European Union’s reaction. It will brought different legal perspectives together and provided expert opinions on this new and troubling development in international law in Europe. Speakers: - Professor Marc Weller: Use of Force – UN Charter – Security Council, also Peace Treaty and International Humanitarian Law - Dr Dan Saxon: International Criminal Law – Crime of Aggression – International Criminal Court jurisdiction - Francisco-José Quintana: Human Rights in War - Professor Marie-Claire Cordonier Segger: Protection of Livelihoods and the Environment during War in Ukraine - Dr Emilija Leinarte: European Union Relations with Ukraine – EU-Ukraine Association Agreement - Dr Markus Gehring: EU Common Foreign and Security Policy, external dimension of migration and prospect for Ukraine’s EU membership For more information see: https://www.cels.law.cam.ac.uk/ and https://www.lcil.cam.ac.uk/