Synergy Magazine 46

Magazine of The European Law Students’ Association

No.46 ¡ II-2009

SYNERGY

magazine

IP in global times

ELSA Moot Court Competition

STEP up with ELSA

What is Intellectual Property?

Facing the global challenge

A strategy for success

The European Court of Human Rights:

Celebrating its 50th anniversary

About ELSA The European Law Students’ Association, ELSA, is an international, independent, non-political and non-profit-making organisation comprised and run by and for law students and young lawyers. Founded in 1981 by law students from Austria, Hungary, Poland and West Germany, ELSA is today the world’s largest independent law students’ association.

Our Philosophy

Vision A just world in which there is respect for human dignity and cultural diversity.

Purpose To contribute to legal education, to foster mutual understanding and to promote social responsibility of law students and young lawyers.

Means To provide opportunities for law students and young lawyers to learn about other cultures and legal systems in a spirit of critical dialogue and scientific co-operation. To assist law students and young lawyers to be internationally minded and professionally skilled.

To encourage law students and young lawyers to act for the good of society.

Our Network

12 & 13 February 2010 CROWNE PLAZA HOTEL - ROGIER, BRUSSELS

FAIR – SEMINARS – INTERNSHIPS A two-day education fair and networking event bringing together prospective students, business professionals, universities and academic institutions. Institutions will be present offering postgraduate programmes in EU and International Relations, Business and Law. Corporations, consultancies and law firms will be present offering internship opportunities and future career direction.

ELSA is a unique and growing Network of 30 000 law students and young lawyers from more than 200 universities in 40 countries across Europe. ELSA currently has members and observers in: Albania, Armenia, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Italy, Kazakhstan, Latvia, Lithuania, Luxembourg, Malta, Montenegro, The Netherlands, Norway, Poland, Portugal, Republic of Macedonia, Romania, Russian Federation, Serbia, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine and United Kingdom. Furthermore, ELSA co-operates with other student organisations across the world, for instance ILSA in North America, COLADIC in South America, ALSA in ASIA, ALSA in Australia, ALSA in South Africa and AEJCI in Ivory Coast.

With the participation of:

Contributions Synergy is published twice a year for ELSA’s members in 40 countries in Europe. Would you like to contribute with articles or pictures for the Magazine? Please contact ELSA International for further information and guidelines.

Advertising Would you like to advertise your courses, services, company or products, please do not hesitate to contact ELSA International in Brussels. Rates are available upon request from: advertisements@elsa.org Editor Frida Orring ELSA International Phone: +32 2 646 26 26 Fax: + 32 2 646 29 23 E-mail: elsa@elsa.org Website: www.elsa.org

ELSA’s Members

ELSA’s members are internationally minded individuals who have experiences with foreign legal systems and practices. Through our activities such as Seminars & Conferences, Academic Activities and the Student Trainee Exchange Programme our members acquire a broader cultural understanding and legal expertise.

ELSA International’s Corporate Partner

Our Special Status

ELSA has through its activities and commitment within the international community gained a special status with several international institutions. In 2000, ELSA was granted Participatory Status with the Council of Europe. Furthermore, ELSA has Consultative Status with several United Nations bodies; in 1997 ELSA obtained Special Consultative Status with UN ECOSOC, UNCITRAL, in 1994 ELSA was granted Consultative Status in Category C in UNESCO. ELSA also has recently obtained Observatory Status with WIPO. In addition, ELSA has a co-operation agreement with UNHCR and co-operates with ICRC and all the European Institutions.

www.eustudiesfair.com

Synergy ELSA International in Brussels, Belgium produces Synergy. The articles are contributions from students, young and experienced lawyers as well as academics. The articles are edited at the discretion of the Editors. Please do not hesitate to visit Synergy Online www.elsa.org/aboutelsa/publications/synergy

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ELSA International’s Human Rights Partner

ELSA International’s Media Partner

Marraine & Patrons

Maud De Boer-Buquicchio (Marainne of ELSA) The Deputy Secretary General of the Council of Europe.

Chang-fa Lo (Patron of ELSA) Professor of Law, National Taiwan University College of Law. Director, Asian Center for WTO and International Health Law and Policy of NTU College of Law

ELSA International’s Marketing & IT partner

Education and culture

synergy magazine

Editor’s letter

Contents

Dear readers,

Frida Orring Director for Marketing ELSA International

ELSA is a constantly changing constellation of law students and young lawyers. Every year, from local through national to international level, new generations are introduced. This year withholds no exception and so it is with great pride I hereby address you as the new editor of ELSA’s members’ magazine.

In your hands lies the 46th edition of Synergy.

Once a black and white printout, personally handed out to our members, today a biannual magazine of 10 000 copies distributed in 40 countries and over 200 universities.

Editor's Letter

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In this edition extra attention is given to the European Court of Human Rights and its 50th anniversary. It is my hope as editor that you will find this magazine a proof of the cultural diversity and the mutual understanding that exists within ELSA and that it will raise your interest in participating in future ELSA events.

International Board 2009/2010

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2013 Strategic Plan of ELSA

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50 years with The European Court of Human Rights

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I would like to thank those who contributed with articles for this edition, bringing different aspects of the international legal as well as cultural society to us.

European Ombudsman

14

Intellectual Property in global times

18

International Trainers Pool

20

UNCITRAL Working Group VI in New York

24

Events Calendar

26

STEP up with ELSA

28

Traineeship in Macedonian way

30

ELSA Moot Court Competition on WTO Law

32

European Law Moot Court Competition in Napoli

34

Bilateral Study Visit, ELSA Georgia and ELSA Czech Republic

36

Feeling Slovenia...

39

Montenegrin ICMphony

40

ELSA and the Rule of Law

42

International Conference on Criminal Law in Vienna

44

Public Interest Litigation, the Swedish style

46

Summer Law School in Lithuania

47

European Court of Human Rights - Its activity and achievements

48

ELSA UK heading towards a brighter future

50

European Ombudsman Complementory to the Courts

A special thanks goes to my fellow board members - for Synergy could not be carried out without your great support.

Making Synergy is something extraordinary. To reflect the greatness of our network and its activities in just a few pages is a true challenge, one that has brought me new insights and a lot of joy.

Frida Orring

The UNSW LLM

LIA

10 specialisations > > > > > > > > > >

Corporate & Commercial Law Corporate, Commercial & Taxation Law Criminal Justice & Criminology Dispute Resolution Human Rights & Social Justice Innovation Law International Law International Business & Economic Law Media & Technology Law Taxation

S U A

A R T

European Court of Human Rights The guarantor of human rights in Europe

www.law.unsw.edu.au/sy

ELSA Moot Court Competition Facing the global challenge

CRICOS Provider Code: 00098G

ELSA International

ELSA International

ELSA - The Story of Our Lives

“One board, one desire” International Board 2009/2010 is aiming for a happy ending

The responsible for Marketing is Frida Orring from Stockholm, Sweden. She is studying at the University of Umeå in the north of Sweden. Frida is in charge of the members’ magazine Synergy, the network-wide market research, coordination of the ELSA website and cherishing the brand of ELSA in the whole Network.

The plot for our story is partly written beforehand in the Decision Book of the Association, but the genre of the piece – be it drama, tragicomedy or maybe soap opera – remains to be seen. Many times there will be a need to improvise; sometimes we will have to ask for help from prompters who know the right lines because they did it once themselves. Whatever the turns of events are, the main thing for us is to make it a growth story.

Despite the different backgrounds in ELSA and in our personal lives, we have grown to be a team striving for the same vision, a just world in which there is respect for human dignity and cultural diversity. We

The walls of the ELSA House in 239, Boulevard Général Jacques, Brussels have another story to witness as the International Board of 2009/2010 has begun its term in office. Seven motivated and enthusiastic ELSA members are working full-time for the Association and living together in one house for one year, perhaps the most memorable in their lives. The casting for this story was decided at the International Council Meeting in Budva, Montenegro.

The Vice President for Academic Activities is Amanda Bertilsdotter Nilsson from Sweden. She holds a Bachelor’s degree from the University of Copenhagen in Denmark. In ELSA International she is responsible for moot court competitions, legal writing and legal research groups – all projects that bridge theory in legal studies with practice. Amanda’s biggest project for the year is the worldwide ELSA Moot Court Competition on WTO law.

Sofia Kallio from Helsinki, Finland is the Vice President for Seminars & Conferences. She is responsible for legal events, study visits and the delegations that represent ELSA in international institutions. These are projects that aim at exchanging cultural experiences and legal knowledge, and also the reason why Sofia joined ELSA. During her term in office she will coordinate the Final Conference and Publication for the International Focus Programme (IFP).

The Vice President Student Trainee Exchange Programme (STEP) is Mirko Djukovic from Podgorica, Montenegro. Before joining the

share the idea of internationality, commitment to work for the best of the Association and to develop – as a team, as communicators and as personalities. We want to make a difference in ELSA, the same way as ELSA made a difference in our lives as law students.

We are committed to the implementation of the Strategic Plan for 2013, as these goals are how we recognize ELSA and its core activities. We thank the International Board of 2008/2009 for the tools and surface they created for us to further develop the Network more coherent, strong and active. Our focus for the year lies in internationality, developing the academic quality of events and projects and in keeping close connection with the Network.

We urge all of you to join us in the journey of making a difference in the development of our Association. The story of our ELSA generation is being written now and we want all of you to play a role in it.

International Board, Mirko graduated from the University of Montenegro. Through STEP ELSA members have the possibility to work abroad, gain practical knowledge in a foreign legal environment and experience the culture of a different country.

The President of ELSA International is Leonid Cherniavskyi from Ukraine. He holds a Master's from the National Law Academy of Ukraine in Kharkiv. As a President, Leonid is the leader of the team, and responsible for the external relations and expansion of ELSA. Leonid values the international professional experience ELSA has given him.

The position of Secretary General is held

by Timo Kortesoja from Finland. Timo is studying in the University of Lapland in Rovaniemi, and he has a wide experience in ELSA. He is responsible for the Internal Management in the Network, covering trainings, human resources and internal administration. Timo’s focus is to keep the communication in the Network active and well-functioning.

Peter Christian Binau-Hansen is responsible for the Financial Management of ELSA International. He is Danish and holds a Bachelor’s Degree from the University of Copenhagen. Peter’s goal for the year is to take care of the finances in the Network, and to share his knowledge and know-how with the rest of the treasurers. He is also the chairman of the ELSA Development Foundation that has the purpose to financially support the activities of ELSA.

International Board of ELSA 2009/2010 (from left to right): Leonid Cherniavskyi - President, Peter Christian Binau-Hansen Treasurer, Frida Orring - Director for Marketing, Sofia Kallio - VP Seminars & Conferences, Amanda Bertilsdotter Nilsson - VP Academic Activities, Timo Kortesoja - Secretary General, Mirko Djukovic - VP Student Trainee Exchange Programme.

synergy magazine

Strategic Goals

Strategic Goals

2013 Strategic Plan of ELSA:

Aiming for academic quality and concrete results…

advocacy categories. Operational organizations’ primary purpose is to design and implement development-related projects. Advocacy organizations aim at defending or promoting a specific cause: human rights or other values. Obviously ELSA has great potential in both spheres and is already working with such international projects as EMC2 or the International Focus Programme, and constantly showing its dedication to human rights education. However, I believe that in an association such as ours, comprising around 30,000 law students and having around 600 supportive ELS members all around Europe there is always room for improvement.

The chosen criterion of our Strategic Plan is the quantity of different types of events. The question is if a certain amount of uncoordinated international conferences will contribute to our vision? Of course the answer is not if those events don’t have concrete results. Hence the question of quantity turning into quality is already appearing in front of our Association. As an international organization which is able to

Not a single organization in the world whether it’s commercial or non-profitmaking can develop progressively without Leonid Cherniavskyi a strategic plan. It is of the same importance President as to have a mission. ELSA realized how ELSA International important it is to have a vision and adopted its well-known “a just world in which there is respect for human dignity and cultural diversity” back in 1992.

But it took us another decade in order to realize something simple from textbooks on marketing: strategic planning is indispensible for a steady and purposeful development of any organization. At the same time having a strategic plan makes it easy to evaluate this development after some years and to give proper recommendations for improvement.

The current Strategic Plan 2013 represents the opinions of the members of ELSA which were clearly reflected by the Market Research conducted in the years 2006/2007 and conclusions drawn

by International Presidents’ Meeting in Ohrid in February 2008.

It was finalized in the new part of the Decision Book of ELSA International after the International Council Meeting in Lisbon, spring 2008. The key word in ELSA’s activities is International Exchange – this is what attracts active students to our Association and this is what unites them in their will to become internationally minded and professionally skilled. Thus, three focus areas, or key activities, which are the Student Trainee Exchange Programme,

international institutional and bilateral Study Visits and Legal Education, were chosen as main spheres for improvement and evaluation in the next five years. Concrete results are already starting to emerge when each national group now has certain guidelines for planning their activities and including the goals to their one-year operational plans. Notwithstanding the fact that some groups are more successful in developing STEP while others organize dozen of Study Visits, due to the strategic planning our Network instead of dissipating in local-minded activities really reminds 40 arrows aiming for the same goal and pushing the “ELSA stone” closer to our vision of the truly international European Law Students’ Association.

ELSA as a unique independent non-profit-making non-political non-governmental organization equips its members with invaluable skills and international outlook. Due to this self-development persons with ELSA background approach problems quite differently having advantage of foreign experience and being able to apply best ways from the international practice to solve them.

NGOs are valued for their contribution to the social, economic and cultural development of their communities. They trigger positive changes in the social, economic, legal, environmental and other spheres and advocate human rights in different fields like education or living standards. They are appraised by how effectively they achieve socially important goals. This could be done in two ways. According to World Bank classification, NGOs are divided into operational and

connect tens of thousands of its members throughout Europe ELSA can realize significant international projects. We have a very vivid examples of how ELSA contributed to international legal community for instance when our delegations took active part in the conference establishing International Criminal Court in Rome. While increasing the number of events as part of our Strategic Plan 2013, which is the first step towards further development of ELSA, we have to remember about our vision and purpose assessing every project in the light of its efficiency and concrete results.

Thus, giving a lot of skills and benefits to its members ELSA has great potential for contributing to positive social and legal transformations, for bringing good to international community. A long time ago Confucius said that it’s easier to light a candle than to curse the darkness. I do believe that ELSA could be that candle lit by thousands of its dedicated members.

Nottingham Law School LLM Programmes – Enhancing your academic profile for practice or research Nottingham Law School, one of the largest full service university law schools in the UK with an international reputation, offers an innovative and flexible approach to postgraduate study which will allow you to ‘build’ an LLM programme to suit your specialisms and interests.

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www.ntu.ac.uk/mastersinlaw synergy magazine

Council of Europe

Council of Europe

European Court of Human Rights

Half of a century commitment to the protection of human rights 50 years of rulings by the Court have resulted in many changes to legislation and have helped to strengthen the rule of law.

More than ever, the Court is today the guarantor of human rights in Europe - the very conscience of Europe

It was Winston Churchill who in 1949 at Roderick Liddell the first session of the Consultative AssemDirector of Common bly of the Council of Europe first spoke Services, European about a “European Court before which Court of Human Rights the violation of [human] rights ... might be brought to the judgment of the civilised world”. In fact the European Court of Human Rights did not come into existence until ten years later when eight Contracting Parties to the European Convention had accepted the Court’s compulsory jurisdiction, at the time an optional feature of the European Convention on Human Rights. Yet this unprecedented international judicial mechanism was a key element of the Convention system.

It is easy to forget that in the early days work was scarce. There was no direct access to the Court, which was dependent on the European Commission of Human Rights and the Contracting Parties for the cases referred to it. Between 1959 and 1976 just eighteen cases were brought before it. Over that period there were seven years in which no cases were referred. By its 30th anniversary in 1989 the Court had had 191 cases brought before it and it had delivered 205 judgments.

Twenty years later, as the Court celebrates its 50th anniversary the situation is in stark contrast. By the end of last year, the Court had delivered over 10,000 judgments and some 100,000 applications were pending before the Court’s judicial bodies. In the 10

course of 2008 around 50,000 new applications were allocated to the Court’s judicial formations.

In the meantime the Court has become a familiar landmark in the European constitutional landscape. Its jurisdiction extends to 47 countries, the member States of the Council of Europe, with a total population of 800 million. Its judgments have brought significant changes in the protection of human rights at national level and, through its case-law, the standards set out in the Convention have evolved to take account of societal and technological developments, via what is known as the “living instrument” doctrine.

The past fifty years can be divided into three phases. For the first fifteen years the Court was dealing with little more than one case per year, yet still laid down some important founding principles for its case-law, notably with regard to fair trial, detention and freedom of expression. The second phase saw the contours of a substantial body of case-law take shape, whilst the case-load progressively increased. This process accelerated through the nineties with the enlargement of the Council of Europe and the accession of States from Central and Eastern Europe, bringing with them the many problems associated with States in transition. The third phase began with the entry into force of Protocol No. 11 in 1998, creating a single full-time Court to which applicants had direct access and whose jurisdiction was no longer optional for the States parties to the Convention. The European Commis-

sion, whose considerable contribution to the Convention system should be neither underestimated nor overlooked, ceased to exist, leaving the Court with the dual task of filtering out inadmissible applications and adjudicating admissible and potentially wellfounded ones.

cil of Europe: “The purpose of the conference … is to reaffirm the commitment of the States to the protection of human rights in Europe. At the same time it should aim to build for the future and to establish a roadmap for the evolution of the European Court of Human Rights …”

Ten years after the entry into force of Protocol No. 11, a fourth phase is beginning. It had become rapidly clear that the reforms enshrined in that Protocol were not fully adapted to the new environment in which the Court had to operate. The increased volume of incoming cases of around 10% per year resulted in the steady accumulation of backlog and growing delays in dealing with cases. Very soon thought was being given to further reform and various different processes were launched. These resulted in the adoption of Protocol No. 14 in 2004. However, in the absence of the final ratification needed for its entry into force, the Protocol could not be implemented, though, following a Ministerial session in Madrid in May of this year, two important elements of the Protocol have been made available to the Court in respect of those countries which have accepted them.

These procedures essentially involve reducing the number of Judges required to deal with the most straightforward cases. Thus a Judge sitting alone will be able to reject applications which are inadmissible on their face (as opposed to three today) and three Judges sitting in a Committee will be able to declare admissibility and give judgment in cases which are clearly well-founded on the basis of existing case-law. Today only Chambers (seven Judges) or the Grand Chamber (seventeen Judges) have this power.

Whatever the future may hold for the Court it continues to have a fundamentally important role in the external scrutiny of the operation of democratic systems within the framework of the rule of law. This process is vital not only for the consolidation of democracy and the rule of law in States which joined the Council of Europe in the nineties, but also for reviewing, in partnership with the relevant national courts, the practical implementation of the Convention standards in the older member States. In both cases, rather like a doctor, in examining the individual applications brought before it, it has to identify symptoms which may disclose serious underlying dysfunction.

But the challenge of adapting the Court and the Convention system to the 21st century and the enlarged community of States in which they have to function remains. To this end a major conference is being held, under the Swiss Chairmanship of the Council of Europe’s Committee of Ministers, in Interlaken in February next year. In the words of the President of the Court, Jean-Paul Costa, in a memorandum addressed to the member States of the Coun-

synergy magazine

Looking back over fifty years of activity the Court’s achievements have been immense. If human rights have entered the language of both international and national law, it is largely due to the Strasbourg Court. Its judgments have had a far-reaching and lasting impact not just on the legal systems of the States directly concerned, but also on those of other States parties and beyond the frontiers of Council of Europe. The Court has left its mark in the fields of the administration of justice, due process, procedural guarantees for detainees, respect for the dignity of human beings, whether in regard to their physical integrity or their private spheres of activity, freedom of expression, assembly and religion or again the right to property. The task now facing the member States of the Council of Europe is to ensure that this remarkable system for the international protection of human rights remains effective for the next fifty years. Hopefully they will seize the opportunity offered by the Interlaken Conference not only to reaffirm their commitment to this system but also to take the measures necessary to guarantee its continued success.

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electronic products in all the subject areas linked to the cooperation developed between the 47 member

Manual on the wearing of religious symbols in public areas (2009)

Identifying what constitutes“hate speech” This manual explores how the European Convention on Human Rights relates to the freedom of thought, conscience and

– Practice and Procedure

A work in progress (2009)

(2009)

ISBN 978-92-871-6485-8 Europe have had an impact on the functioning of the Parliamentary Assembly of the Council of Europe.

This new edition emphasises the practical way in which the Assembly operates and describes its political and institutional context.

ISBN 978-92-871-6604-3 The ministerial Rome conference on human rights has sparked intensive work. Ever since January 2001, the intergovernmental co-operation activities of the Steering Committee for Human Rights (CDDH) of the Council of Europe have concentrated on developing normative instruments, of which the most important has been Protocol No. 14 to the Convention.

Electoral law (2008)

ISBN 978-92-871-6534-3

This book is a compilation of the main Venice Commission texts dealing with elections and referendums. First come the reference documents: the Code of Good Practice in Electoral Matters and the Code of Good Practice on Referendums.

These are followed by a judicious selection of general studies on such fundamental topics as recurrent challenges and problematic issues in electoral law in Europe, election systems, the representation of national minorities on elected bodies and a comparison of the legal rules on referendums in European states.

ISBN 978-92-871-6424-7

This work discusses the principles of child-friendly justice at international level and examines monitoring mechanisms and current systems of admissibility, determining how is for children to gain access to them.

This publication

-

recommendations to governments, international organisations and monitoring bodies.

Point of view - Point of law Series Two bodies of the Council of Europe, the Parliamentary Assembly and the European Commission for Democracy through Law (known as the Venice Commission), zation’s fundamental values - human rights, the rule of

during a series of round-table discussions, within working groups and at seminars organised mainly by the successive presidencies of the Committee of Ministers.

International justice for children (2009)

Council of Europe Publishing Palais de l’Europe - F-67075 Strasbourg Cedex Tel.: +33 (0)3 88 41 25 81 - Fax: +33 (0)3 88 41 39 10 E-mail: publishing@coe.int - Website: http://book.coe.int

speech does not necessarily involve the expression of hatred or feelings.

On the basis of all the applicable texts on freedom of expression and the case-law of the European Court of Human Rights and

looks at a number of fundamental topics, including the ‘visibility’ of religions and beliefs in the public sphere, and the notion of ‘wearing religious symbols’.

The essential questions policy makers need to ask when addressing issues concerning the wearing of religious symbols are then listed. Finally, the manual seeks to apply these principles and approaches to a number of key areas such as state employment, schools and universities, the private sector and the criminal justice system.

architectural heritage and environment.

Reforming the European Convention on Human Rights -

ISBN 978-92-871-6614-2

ISBN 978-92-871-6616-6

of human rights and international law (constitutional law, criminal law, family law, labour law etc), Council of Europe Publishing also produces works in other spheres of human and social sciences, including: health,

The Parliamentary Assembly

Manual on hate speech (2009)

designed to bring together, in a single volume on a single topic, the Parliamentary Assembly’s position and the Venice Commission’s opinions and serves as a reference work on the political and legal aspect of a topical issue.

European judicial systems (2008)

parameters that make it possible to distinguish expressions which, although sometimes insulting, are fully protected by the right to freedom of expression from those which do not enjoy that protection.

Legal instruments for combating racism on the Internet (2009) ISBN 978-92-871-6540-4 Various national and international legal instruments punish hate speech promoting racism and violence. However,

ture of racist speech, which can be protected by the right to freedom of expression.

ISBN 978-92-871-6521-3 This new edition of the report of the European Comnew data for 45 European states, provides the Council of Europe with a real snapshot of justice in Europe.

The report provides comparative tables and analysis of key indicators including: public spending on the judicial system, the legal aid system, the organisation of jurisdictions, judicial personnel, length of proceedings, lawyers and notaries.

Armed forces and security services:

Europeans and their rights Series

ISBN 978-92-871-6536-7

individual right based on practical examples and relevant decisions

by European constitutional courts or the European Court of Human Rights.

what democratic controls? (2009)

CIA above the law?

Freedom of expression (2009)

Secret detentions and unlawful inter-state transfers of detainees in Europe (2008)

ISBN 978-92-871-6464-6

ISBN 978-92-871-6419-3

Child rights in Europe (2008)

Guantánamo: violation of human rights

ISBN 978-92-871-6269-4

and international law? (2007) ISBN 978-92-871-6294-6

Human rights in international law (2007)

ISBN 978-92-871-6281-6 This book is a broad introduction to the wide-ranging subject of human rights, comprising main texts (declarations, charters, conventions and protocols) from the major international organisations working in the human rights level.

Freedom of religion ISBN 978-92-871-6201-4

The right to life (2006) ISBN 978-92-871-5867-3

(2007)

European Ombudsman

European Ombudsman

P. Nikiforos Diamandouros - The European Ombudsman:

Resolving complaints and promoting good administration The European Ombudsman investigates complaints about maladministration in EU institutions and bodies, such as the European Commission or the European Parliament.

What is maladministration? It encompasses all kinds of poor or failed administration, from late payment for EU projects to refusal to give access to a document, or a European civil servant's lack of courtesy on the telephone.

Thirdly, we can be more flexible than the courts. To give you an example: a complainant does not have to be personally affected by maladministration to be able to submit a complaint. In practice, this means that a Chamber of Commerce could lodge a complaint on behalf of one or more companies affected by maladministration.

Any EU citizen or any natural or legal person residing or having its registered office in an EU Member State can lodge a complaint by post, fax or e-mail. The easiest way to complain is via the electronic complaint form on the European Ombudsman's website, which is available in all 23 EU languages.

Fourthly, whenever I find maladministration in the EU institutions, I try, if possible, to achieve a friendly solution. This gives me the opportunity to ensure a win-win outcome, satisfying both the complainant and the institution involved.

P. Nikiforos Diamandouros The European Ombudsman

The Ombudsman's power lies in the strength of his arguments and in his ability to persuade the institutions about the correctness of his views, whenever he finds maladministration. In spite of the fact that my decisions are not legally binding, the institution's rate of compliance is very high.

Furthermore, I have the power to start inquiries on my own initiative, for example, if I think there is evidence of systemic maladministration in the EU institutions and bodies.

Let me give you an example: A big area of concern relates to the problems the Commission encounters in paying its bills to third parties on time, such as contractors. In recent years, I received more than 30 late payment complaints from companies, research centres, associations and other organisations. In 2008, I conducted an investigation into this matter, which confirmed that, although progress has indeed been achieved, late payment continues to constitute a serious problem in the Commission. In fact, delays occurred in more than one out of five cases, that is, in 20% of all cases.

In March 2009, I, therefore, opened a follow-up investigation to find out which measures the Commission has taken recently to tackle the problem of late payment. In April, the Commission launched an initiative involving higher targets for faster payments of EU grants and contracts. Further improvements have, however, to be put into effect as soon as possible, especially as regards more vulnerable contractors, such as individual citizens, NGOs or small- and medium-sized enterprises.

The Ombudsman - complementary to the courts

Some statistics

The decisions of the European Ombudsman are not legally binding.

There are, however, several advantages to the Ombudsman's services, when compared with court proceedings. To begin with, there is no cost to the complainant. This is very important, for example, for citizens, small- and medium-sized companies or NGOs, which often do not have the means to go through lengthy court cases.

In 2008, my office received a total of 3,406 complaints from EU citizens, companies, lawyers, associations, NGOs and interest groups. Inquiries concerned lack of transparency, contractual disputes in the framework of EU projects, procedural errors or discrimination.

Secondly, we are quicker than the courts. Some cases can be resolved within weeks, for example, when a simple telephone call to the institution concerned suffices to settle the matter. But, in general, investigations take longer, particularly in more complex cases. We, nevertheless, aim to close all cases within one year.

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A record number of inquiries were closed in 2008, namely, 355. More than two-thirds of these inquiries were directed against the European Commission, followed by the European Parliament, the European Personnel Selection Office, and the Council of the EU. More than one third of all investigations were either settled by the institution or resulted in a friendly solution. In 44 cases, I issued a critical synergy magazine

remark. This represents a significant improvement compared to 2007, when I issued 55 critical remarks. However, they are still too many.

When an institution does not comply with my recommendations in cases which raise fundamental questions of principle, I can issue a special report to the European Parliament. In 2008, one special report was sent to the European Parliament concerning age discrimination in the Commission.

Regarding the origin of complaints, Germany remained the source of the greatest number of complaints in 2008, followed by Spain, Poland and France. But relative to the size of their population, most complaints came from Malta, Luxembourg, Cyprus and Belgium.

Lack of transparency In 2008, by far the most common allegation examined by the Ombudsman was lack of transparency in the EU administration. This allegation arose in 36% of all inquiries and included refusal of information or documents.

In one case, I criticised the Commission for failing to set up a comprehensive register of documents, as required under the EU's access to documents rules.

I also criticised the European Parliament for not following transparency rules as regards to the disclosure of details concerning allowances of Members of the European Parliament (MEPs). Following this inquiry, the Parliament published on its website general information on MEPs' allowances. This is a development which I applaud.

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European Ombudsman The new interactive guide In 2008, my office was able to help the complainant in almost 80% of all cases, by opening an inquiry into the case, transferring it to a competent body, or giving advice on where to turn.

It is important to point out that the European Ombudsman cannot deal with complaints about national or regional administrations, even when the complaints concern European Community matters. Such complaints should normally be addressed to the national, regional or local ombudsmen in the country concerned.

I recently launched an interactive guide on my website, which is accessible in all 23 EU languages. This guide aims to direct complainants to the body best placed to help them, be it my own services, the services of national or regional ombudsmen in the Member States or other problem solving mechanisms. Since the guide was launched on 5 January 2009, it has provided advice to more than 16 000 users.

The idea of a European Ombudsman was brought up in the discussions concerning a Citizens' Europe. The Maastricht Treaty established the European Ombudsman in 1993 to enhance relations between citizens and the Union level of governance.

The European Ombudsman is elected by the European Parliament. The first Ombudsman, Mr Jacob Söderman, the former national ombudsman of Finland, was elected by Parliament in 1995.

P. Nikiforos Diamandouros was elected European Ombudsman on 15 January 2003 and began work on 1 April of that year. He was re-elected in January 2005 for a full five-year mandate and will stand again in the upcoming election for Ombudsman, expected in early 2010.

More information about the Ombudsman is available at: www.ombudsman.europa.eu

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Experience shows that businesses, NGOs and other associations will only make use of their right to complain, if they think that it will make a difference. I believe that it does. Following our inquiries, the EU institutions have settled bills, paid interest, released documents, remedied injustices, reviewed processes, and improved procedures for the benefit of all parties.

The European Ombudsman's main task is to promote transparency and to foster a service culture in the European institutions. A result-oriented, service-minded and open European administration is key to improving relations between citizens, companies, and other stakeholders, on the one hand, and EU institutions, on the other.

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E R A S M U S S C H O O L O F L AW ERASMUS UNIVERSITEIT ROTTERDAM

Intellectual Property Law

Intellectual Property Law

IP in global times

What is Intellectual Property?

Egon Engin-Deniz, Head of IP and Media at CMS Reich-Rohrwig Hainz

Most legal systems protect all tangible assets such as real estate property since ancient times.

Egon Engin-Deniz Quite contrary to that protection of intangiPartner, CMS Reichble (“intellectual�) assets is a relatively new Rohrwig Hainz development. Wolfgang Amadeus Mozart and other contemporary artists of the 18th century were not able to rely on the protection of their compositions, paintings, artwork, or pieces of applied art. Instead, protection was a privilege that widely depended on the benevolence of the ruling families. Through technological progress and the industrial revolution the protection of inventions, trade names and also artful creations, in short: all intellectual assets became a necessity and besides individual moves of single countries, the protection of intellectual property became an important topic of international conferences and agreements.

Today we speak of almost a myriad of different kinds of Intellectual Property Rights, and their existence is mostly driven by new technological revelations. Most of us have heard about the most common Intellectual Property Rights which can be found within the trademark, design, patent and copyright laws. But there is a lot more to discover and to see that Intellectual Property Rights cover virtually all aspects of our life. Look for example at pharmaceutical products.

There is not only patent protection of procedural claims or claims of a new, formally unknown effect of substances on the human or veterinary bodies, but there is also enhanced protection in many countries according to protection certificate laws to prolong the duration of protection. When we look for example on seeds and plants, we know that e.g. the natural genetic

sequences can not be protected. But variations of it may be protected under specific variety regulations.

We are all using our computer every day. Of course a computer also consists of tangible parts such as a screen and a keyboard. But everything else that actually creates the value of a computer is purely intellectual, starting from the name of the computer which is usually protected as a trademark, the computer chips that may be protected by patent or semiconductor law, the software which is protected by copyright law and for which in some rare cases also patent protection is granted, the layout of the website, which may also be copy-right protected and of course the content which may be downloaded from the internet.

we have hundreds of generic and country top level domains (gTLDs and (cTLDs) and the use of such domains may easily infringe trademark and (trade) name rights of others. Through non profit organizations sunrise procedures had to be created to protect mainly trademark owners from cybersquatters. These rules are neither created nor executed by governmental institutions, but NGOs and Alternative dispute resolution bodies.

A global world does not mean global IP. Most IP laws are still of national origin. Of course, most countries and politicians felt the need that at least a minimum standard should be granted in as many countries as possible and that intellectual property rights of one nationality shall be accepted and protected also in other countries. Going from that, there are a great number of international treaties in regard to the copyright, trademark and patent protection, such as the Paris Convention, the Madrid Trademark Agreement, the Nice Classification for goods and services of trademarks and many others.

Of course the creation of Community trademark and design protection within the European Union made a large leap towards unification and harmonization of trademark design rights in Europe. It is invaluable that international trademarks according to the Madrid Convention and the protocol may also be protected by extension to the European community. But on a global level, a lot of harmonization in many fields of IP law is still desirable.

This is also true for the enforcement of any IP right: Once you managed to protect your intellectual property assets, you want to make the best out of it by exploitation. This can be done by way of production of the goods using the mark, patent protection for technical in-

novations and so on, but also by way of licensing. Therefore, licensing agreements are of great importance. At least, they have to define the licensed rights, its duration, its geographical spread and limits, the appropriate license fee, the calculation bases of it, the transfer of rights and so on.

IP rights owners must also be keen to protect their assets. Any counterfeit may damage the reputation of the product and the related trademarks, may cost market share and turn your profits into losses.

To avoid that we need an efficient legal system with authorities and judges that understand the matter and that can act swiftly and efficiently, because no where else than in IP, the time factor matters. According to many product piracy rules, counterfeits can be stopped at the border and may be destroyed in simplified proceedings to avoid costly and lengthy civil litigation or criminal prosecution. But the IP rights holder also has to accept that at some point his rights will be exhausted. If a product which contains any intellectual property right was put on the market by the rightholder with his consent, he may not impede any further trade unless the condition of the goods had been changed to the worse. Within the European Union the principle of European right exhaustion prevails. Goods not intended for the European Union by the rightsholder which make it from outside into the EU may be stopped as illicit parallel import.

Lastly intellectual property assets are often protected by penal provision of the respective laws and may be prosecuted in criminal court.

In this respect not even within the EU, the legal systems are harmonized. Protecting, exploiting and defending intellectual property assets remain to be hard work also in the future.

In this new and ever changing environment, our laws often do not keep up with the pace of technological developments. Some experts speak of a time of convergence of technologies. Ten years ago, a cellular phone was only a cellular phone and we were happy to communicate by speaking to one another. Everybody knew about the basic functions of a standard TV, a radio or about home computers. Today, our mobiles are converted into computers and sometimes mobile TVs, and our home computer fulfill almost all functions of a standard TV and much more, like pay per view and pay per click.

Ten years ago, a cellular phone was only a cellular phone and we were happy to communicate by speaking to one another.

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As a consequence of the radical technological changes people start creating new systems of protection of their individual intellectual creations. Think of Creative Commons licenses, where each individual may offer his contents, whether literature or pictures, according to different variations of standardized license agreements. Today,

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International Trainers Pool

International Trainers Pool

The International Trainers Pool (ITP) Rebeca Cenalmor Rejas Nationality: Spanish Active in ELSA since 1997 Preferred trainings: Project Management, Teambuilding, Conflict Resolution

Pierangelo Graziani Nationality: Italian Active in ELSA since 1988 Preferred trainings: General ELSA Knowledge, BEE, Academic Activities, STEP, S&C, Fundraising, Project Management, Motivation, Chairing

Tuulia Hietaniemi Nationality: Finnish Active in ELSA since 2005 Preferred trainings: General ELSA Knowledge, Internal Management, STEP, Communication, Presentation Skills

Jochen Hoerlin Nationality: German Active in ELSA since 1998 Preferred trainings: Strategy and Planning, Communication, Teambuilding, Leadership Skills, Conflict and Project Management

Kirsti Jullum Jensen Nationality: Norwegian Active in ELSA since 2001 Preferred trainings: S&C, Project Management, Communication, Teambuilding

Sylvie Fransziska Kleinke Nationality: German Active in ELSA since 2002 Preferred trainings: Project Management, Teambuilding/development, Presentation Skills, Motivation Skills, OYOP

Kate Aleksidze Nationality: Georgian Active in ELSA since 1999 Preferred trainings: General ELSA Knowledge, Project Management, Teambuilding, Motivation, Decision Making, Planning, Leadership, Communication, Chairing, Presentation Skills

Koen Klootwijk Nationality: Dutch Active in ELSA since 2005 Preferred trainings: General ELSA Knowledge, BEE, Academic Activities/EMC², S&C, Motivation, Teambuilding, Presentation Skills, Projects Management

Nina Klotz Nationality: German Active in ELSA since 2000 Preferred trainings: Project Management, Teambuilding, Presentation Skills, Chairing

Sofia Amaral Nationality: Portugese Active in ELSA since 1996 Preferred trainings: General ELSA Knowledge, Transition, Planning, Teambuilding, Communication

Veronika Kotek Nationality: Swiss-Czech Active in ELSA since 1996 Preferred trainings: Conflict Resolution, Board Management, Teambuilding, Project Management

Marcin (Boulie) Krzysko Nationality: Polish Active in ELSA since 1995 Preferred trainings: Marketing, Project Management, Communication, Strategical and Tactical Planning, Selling Technique, Academic Activities, Internal Management

Umut Kurman Nationality: Turkish Active in ELSA since 1999 Preferred trainings: General ELSA Knowledge, Project Management, Motivation Skills

Halvor Lekven Nationality: Norwegian Active in ELSA since 2003 Preferred trainings: General ELSA Knowledge, Academic Activities, Project & Time Management, Communication, Teambuilding, Presentation Skills

Training resolves all internal needs The ITP was set up in autumn 2000. The concept of the ITP is to have former active ELSA members acting as trainers to cover the training needs and geographical span of the association. Through the ITP, ELSA creates the means for all groups to evolve equally, thus ensuring an even stronger Network. The aim of the International Trainers’ Pool is to support ELSA by providing trainings. ITP aims to assist every existing and upcoming ELSA group and supports them in planning, moderation and problem solving. Furthermore, ITP contributes in creating increasingly internationally minded individuals and groups of ELSA and supports the acquired knowledge with appropriate training in personal skills, i.e. soft skills, with the aim to increase the quality on ELSA’s activities. Today we have 37 trainers from 19 different countries that constitute the ITP

Fatma Zuhre Akinci Nationality: Turkish Active in ELSA since 1999 Preferred trainings: General ELSA Knowledge, Planning, Chairing, Project Management, Teambuilding

Tiago Moreira Alves Nationality: Portugese Active in ELSA since 2000 Preferred trainings: Internal Management, Fundraising, Motivation Skills, Human Resources

Jane Babb Nationality: Irish Active in ELSA since 1991 Preferred trainings: General ELSA knowledge, Teambuilding, Presentation Skills

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Andrea Brizzi Nationality: Italian Active in ELSA since 1998 Preferred trainings: General ELSA knowledge, Board Management, Planning

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International Trainers Pool

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International Trainers Pool

Johanna Lindblad Ó Duinnín Nationality: Swedish Active in ELSA since 2002 Preferred trainings: General ELSA Knowledge, Internal Management, Communication, Teambuilding, Transition

Maria Litzell Nationality: Swedish Active in ELSA since 2001 Preferred trainings: Marketing, Communication, Teambuilding

John Ellul Sullivan Nationality: Maltese Active in ELSA since 2001 Preferred trainings: Board Management, External Relation, Fundraising, Teambuilding, Chairing

Michael Ellul Sullivan Nationality: Maltese Active in ELSA since 1998 Preferred trainings: Project Management, Fundraising, Board Management

Lavinia Micallef Nationality: Maltese Active in ELSA since 2005 Preferred trainings: Marketing, Public Relations, Planning, Project Management, Fundraising

Maria Moguilnaia Nationality: Russian Active in ELSA since 2000 Preferred trainings: General ELSA Knowledge, Motivation, Communication, Presentation Skills, Leadership, Chairing,

Karina Sultanova Nationality: Kazakh Active in ELSA since 1999 Preferred trainings: Negotiation, Communication, Conflict Management, Teambuilding, Board Management, Motivation, OYOP, Risk Management, Presentation Skills, Leadership

Andras Szilagyi Nationality: Hungarian Active in ELSA since 2002 Preferred trainings: General ELSA Knowledge, Financial, Board and Project Management, Presentation and Negotiation Skills,Chairing, Communication, Planning, Leadership

Mircea Serban Moraru Nationality: Romanian Active in ELSA since 2001 Preferred trainings: General ELSA Knowledge, Marketing, Human Resources, Conflict Management, Fundraising, External Relations, Project Management, Presentation Skills, Internal Management

Espen Rostrup Nakstad Nationality: Norwegian Active in ELSA since 2000 Preferred trainings: Board Management, Strategic Planning, Risk Management, External Relations/UN/ Institutional Relations, Chairing, Project Management, Presentation Skills, Communication & Networking

Torgeir Willumsen Nationality: Norwegian Active in ELSA since 2002 Preferred trainings: Board Management, External Relations, Project Management, Fundraising

Clemens Niedner Nationality: German Active in ELSA since 1998 Preferred trainings: BEE, Fundraising, Teambuilding

Delia Orabona Nationality: Italian Active in ELSA since 2002 Preferred trainings: STEP, Strategic Planning, External Relations, Motivation, Teambuilding, Project Management, Communication, Presentation Skills

Patrick Zupansic Nationality: Dutch Active in ELSA since 2002 Preferred trainings: General ELSA Knowledge, Internal Management, S&C, Human Rights, Project & Time Management, Teambuilding, Chairing, Communication, Presentation Skills

Leander Palleit Nationality: German Active in ELSA since 1994 Preferred trainings: BEE, Teambuilding, Strategic Planning

Nina Perch-Nielsen Nationality: Swiss Active in ELSA since 1997 Preferred trainings: Project Management, Teambuilding, Communication

Andras Perlaki Nationality: Hungarian Active in ELSA since 2000 Preferred trainings: Board Management, Conflict Management, Presentation Skills, Public Speaking

Rudolf Christoph Reiet Nationality: German Active in ELSA since 2003 Preferred trainings: Project Management, Teambuilding, Presentation Skills

Joanna Zawiejska - Rataj Nationality: Polish Active in ELSA since 1999 Preferred trainings: Project Management, Study Visits, Teambuilding, S&C

We’re World-Class. Are You? In the recent official assessment of the quality of staff expertise (the RAE 2008), 60 percent of the Law School’s output was officially graded ‘world-class’ or ‘internationally excellent’ – in effect this ranks Strathclyde Law School as the seventh best Law School in the UK (out of 67) and top in Scotland. This means students are being taught by among the very best legal experts in the UK. Students can choose from a diverse range of LLMs and research degrees, including the latest internationally focused programmes* which offer a unique opportunity to undertake a real-world field dissertation within an international organisation.

• Construction Law • Criminology • Human Rights Law • IT & Telecommunications Law • International Economic Law* • International Law and Sustainable Development* Find out more by visiting our website or getting in touch with the department (Please quote: SYNERGY1/09).

W: www.law.strath.ac.uk E: courses@law.strath.ac.uk T: +44(0)141 548 3738 The University of Strathclyde is a charitable body, registered in Scotland, number SC015263.

The place of useful learning

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Delegation

SPEL

Report from ELSA Delegation:

UNCITRAL Working Group VI in New York

Selected Papers on European Law What is SPEL?

ELSA‘s online law review Where can you find more From April 27th until May 1st, a Delegation consisting of the Head of Delegation Meri-Katriina Kanervisto (ELSA Finland), Barbara Sandfuchs, Johanna Schweiz, Lutz Heidelberg and Gregor Ludwig (all ELSA Germany) had the privilege to join as an observer the semi-annual session of the United Nations Commission on International Trade Law (UNCITRAL, Working Group VI: Security Interests) in New York. As one of the six Working Groups, it performs substantive preparatory work on security rights for the Commission.

The aim of the 15th session was to continue the work on a draft Annex to the UNCITRAL Legislative Guide on Secured Transactions dealing with security rights in intellectual property. The Guide was used as a starting point and background for the discussions. The draft Annex will be submitted to the Commission for final approval and adoption at its 43rd session in 2010.

The Delegation’s general task was to represent ELSA in a professional way at UNCITRAL. We participated in the meetings of the Working Group and studied the relevant materials. At UNCITRAL, we established contacts to delegations of other NGOs, states, experts and other participants.

It was an invaluable experience for all members of the Delegation not only to participate in the Working Group’s sessions themselves and get an impression of how (in part) very complex and conflicting is-

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sues of international law are dealt with, but also to find that we, as law students, were met with great interest and openness by members of national delegations as well as other NGOs. We discovered that ELSA is generally well known by other delegations and that ELSA Delegations are very welcome to join UNCITRAL’s meetings as well as to participate in the ”informal consultations” (coffee breaks). We were surprised to learn that it seems to be common for other NGOs such as the New York City Bar Association or the Commercial Finance Association to invite all members and observers of the Working Group to informal receptions and dinner parties after the meetings.

We can therefore recommend applying for a place in one of the ELSA Delegations to everyone, despite the considerable amount of preparation and time (and money) such an undertaking, of course, requires. There are few chances for students to get this kind of first hand impression of how legal decision-making works on an international level. Besides, the networking potential for members of the Delegation is considerable, both as a representative of ELSA and as a law student.

From left to right: Barbara Sandfuchs, Meri-Katriina Kanervisto, Lutz Heidelberg, Gregor Ludwig, Johanna Schweiz

The participation in a Delegation to an international body and in particular to UNCITRAL is an experience you will probably never forget.

It enriches the academic studies and provides practical insights you can't find anywhere else.

information about SPEL?

www.elsa.org/spel

„Share your opinion with Europe“ What can You gain by contributing?

Recognition by professionals

Who to contact?

vpaa@elsa.org

Date: 3rd - 4th December 2009 Place: Vienna, Austria Working Language: English Contact Information: ELSA International E-mail: vpsc@elsa.org Website: www.inta.org

INTA: Examining European Trademark Issues and Developing New Strategies Conference

DECEMBER

Date: 26th - 29th November 2009 Place: P oland Working Language: Polish and English Contact Information: Anna Kornelska E-mail: anna.kornelska@elsa.poznan.pl Website: www.poznan.elsa.org.pl

XL National Council Meeting ELSA Poland

Date: 24th - 29th November 2009 Place: Helsinki, Finland Working Language: English Contact Information: Katarina Lundahl E-mail Website: www

Intellectual Property and Human Rights

Date: 13th - 15th November 2009 Place: Lviv, Ukraine Working Language: English Contact Information: Taras Repytskyi E-mail: lvivecoseminar@gmail.com Website: www.elsa.org.ua

Legal Regulation of Climate Changes

Date: 12th - 15th November 2009 Place: Novi Sad, Serbia Working Language: Serbo-Croatian Contact Information: Ana Koprivica E-mail: elsa.ex.yu@gmail.com Website: http://elsa-exyu.2ya.com

Date: 1st - 4th March 2010 Place: Brno, Czech Republic Working Language: English Contact Information: Lukas Pruska E-mail: pruska@elsa.cz Website: www.elsa.cz

Holocaust & War Crime Prosecution

MARCH

Date: 3rd - 7th February 2010 Place: Kyiv, Ukraine Working Language: English Contact Information: Nataliia Kovalevska E-mail: ipm-kyiv@elsa.org.ua Webpage: www.ipm-kyiv.elsa.org.ua Registration deadline: 3rd January 2010

International Presidents’ Meeting

FEBRUARY

Date: 14th - 17th January 2010 Place: Frankfurt (Oder), Germany Working Language: German Contact Information: Stephan Giese E-mail: generalversammlung2010@elsa-frankfurt.de Website: www.elsa-germany.org

XLIV National Council Meeting ELSA Germany

Date: 8th - 10th January 2010 Place: Berlin, Germany Working Language: German Contact Information: Catharina von Hertzberg E-mail: president@elsa-berlin.de Website: www.elsa-berlin.de Registration deadline: 24th December 2009

Nuclear Power vs. Renewable Energy - Today‘s biggest debate

Human Rights on the territory of ex-Yugoslavia

2010

JANUARY

NOVEMBER

ELSA Events Calendar 2009/2010

Date: 24th - 30th May 2010 Place: Santo Domingo, Dominican Republic Working Language: English Contact Information: ELSA International E-mail: vpaa@elsa.org Website: www.elsamootcourt.org

e Final Oral Round of ELSA Moot Court Competition on WTO Law (EMC2)

Date: 13th - 16th May 2010 Place: Muenster, Germany Working Language: English Contact Information: Teresa Gutsche E-mail: headofoc@elsa-muenster.de Website: www.elsa-muenster.de Registration deadline: 26th March 2010

“Europe - Where are we heading?”

Trapped between supranationality and sovereignty

MAY

Date: 27th April - 2nd May 2010 Place: Munich, Germany Working Language: English Contact Information: Lena Mischau E-mail: vpsc@elsa-muenchen.de Website: www.elsa-muenchen.de

Final IFP Conference

APRIL

Date: 21st - 28th March 2010 Place: Malta Working Language: English Contact Information: omas Vella E-mail: president@elsamalta.org Website: www.elsamalta.org

LVI International Council Meeting

Student Trainee Exchange Programme

Student Trainee Exchange Programme

STEP up with ELSA

A strategy for success In order to continue improving our traineeship programme we need to follow our STEP Strategy set by the network.

A helpful tool for this is the STEP Calendar which was presented by the previous International Board .

STEP is an ELSA product and a key area that is set as one of the Strategic Goals for 2013.

The Strategic Plan was drafted by the Network at the International Presidents’ Meeting (IPM) in Ohrid 2008, and accepted by the Council during the International Council Meeting (ICM) in Lisbon 2008 as the main focus of our Network until the year 2013. According to reports from national presidents at the IPM in Istanbul during the first year of implementation of the Goals, most of the countries had the biggest problems with STEP. Mirko Djukovic VP STEP ELSA International

one of the main reasons for joining ELSA. In addition, the research showed that STEP was the product that ELSA is known for.

The International Board 2008/2009 concluded that STEP can be improved if we start planning in advance and have a strategy for the future. However, it is not enough if the effort comes only from the international level, but it requires also a huge involvement of the Network.

The simple fact that in the 90’s we had over 500 traineeships with a goal to reach 1 000 of them, proves that this product was doing well. After those “golden ages” of STEP, we faced dramatic decrease in the number of traineeships. Some of the problems were connected with the malfunctioning of the ELSA Online, but some significant reasons were connected also with the lack of continuity and long term planning in STEP. In some cases the situation was affected by insufficient transition – or lack of transition.

Therefore, now is the time to bring STEP back close to the Network. With all this said, the International Board 2008/2009 created the STEP Calendar for the upcoming years as a part of the long term plan for STEP. The Calendar was presented at the International Presidents’ Meeting in Istanbul, at the STEP Meeting in Lisbon and at the International Council Meeting in Budva. It was welcomed by the participants and acknowledged as a good tool to work with.

The workshop at the International STEP and Marketing Meeting in Prague concluded that this tool should be improved in cooperation with other areas of ELSA.

STEP is a unique product, and thanks to the programme ELSA is recognized among the student society. One proof of that is the market research conducted in 2006/2007 which showed that 42% of ELSA members stated the possibility for international exchange as

According to this Calendar the ELSA Network should plan the STEP activities starting from July when a great majority of National and Local Boards are in the process of transition by securing the old contacts (previous year’s employers). In August and September

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when the International STEP Meeting is planned to take place, we should do evaluation of the list of the old employers, done by the previous year’s officers. During September and October we have to concentrate ourselves on the first part of Job Hunting when we are approaching employers that we already had cooperation with. After evaluation at the Autumn ICM of the first part of the Strategy, we have to continue in November, December and January to actively work on the second part of Job Hunting when we are approaching all possible employers.

After the preparations and publishing the STEP Newsletter in the end of February, we will do strong promotion of the traineeships among students. The time after the spring ICM is dedicated to the evaluation of the Student Hunting and to creating ways for improvement. After receiving applications from all over Europe, ELSA International will during April and May match students to the traineeships. Right after that when we announce the results of the selections by the employer, STEP officers with their team should do preparations for the Reception so that summer traineeships can be well prepared. After reception and evaluation we are starting a new circle of transition and preparations for new terms in office.

This Calendar should serve as a tool to achieve the Strategic Goals in the long run but of course, it cannot work immediately. In addition to the Calendar, STEP is already “refreshed” with the new STEP forms, which are in line with our Corporate Identity and the new regulations in the Decision Book after Budva. The procedure of STEP is clearer, and the officers should not struggle with understanding the regulations. ELSA International is, alongside officers, working on creating a STEP Employer Database. With this database we can work on gaining STEP traineeships and refreshing cooperation between National and Local Boards with potential sponsors and partners. synergy magazine

After one year of implementing this strategy and in closer cooperation with other areas, ELSA International signed a Traineeship agreement with the Council of Europe in July this year. This means that even though there is a crisis in the world, interest for STEP is not reducing. With active cooperation of boards on local, national and international level, we can achieve the goals we set in Lisbon and raise awareness of the possibility for law students to gain practical knowledge and skills through ELSA. However, if we follow the strategy and secure all the contacts of the STEP employers, we will reach at least a constant number of traineeships each year. In order to achieve the goals in STEP, we need to work as one Network and we have to start immediately. The new STEP Strategy is in line with the new Human Resources Strategy ELSA International presented during the ICM Budva.

These two strategies have good synergies with each other.

One of the main aims of the programme is to give students the tools that are necessary to become well-skilled lawyers. It is an excellent way to get an insight into the work of lawyers and into foreign legal systems.

We live in a world where borders are getting less and less invisible.

For us as law students it means that we have to learn how to be more flexible, internationally minded and aware of global issues and international cooperation. That is where STEP comes in. Through STEP ELSA offers its members the possibility to combine a cultural experience with the opportunity to improve their legal skills and to get involved in a foreign legal environment. As we are working for more than 30 000 members that are willing to STEP up with ELSA, I encourage officers in the whole Network to take part in the magnificent work and spirit that is provided by ELSA.

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Student Trainee Exchange Programme

Student Trainee Exchange Programme

STEP Testimonial

Traineeship in Macedonian way I was a very active ELSA member in the STEP area and I had gone through all levels in ELSA – from local to international. I can say that STEP was my life-style during the last four years, but I saw it just from one side – as a STEP officer. So I decided to taste the experience to be a STEP trainee as well…

I came to Skopje full of expectations, but reality was much better. In the end of one month there, my heart was full of new great friendships, ELSA Balkan spirit and connection to Macedonia for rest of my life!

edge , what I consider the best source of experience. The working environment of the government was very nice. My mentor Mr. Riste Jurukovski was a very friendly and highly educated person, who provided me all the information I needed, even concerning the attractions and details about the city.

A STEP placement in the FYR of Macedonia was an outstanding opportunity, providing me with an excellent and valuable insight into high standard foreign law services and new chance to work in an international dimension. I am a real cosmopolitan and interested in the law of the European Union, so I was pleased to work in the Government of the Republic of Macedonia – Secretariat for European Affairs.

I can honestly say - to apply for a traineeship in FYR of Macedonia was one of the best decisions in my life! Martina Smilevska – VP STEP of ELSA Republic of Macedonia took care of me like a princess and thanks to her and her STEP team I spent a wonderful month in this beautiful country. The Macedonians are very kind, helpful and open-minded and they involved me in all social activities, events and trips. During my month I visited a couple of concerts and festivals, revolution city Krusevo and one of the most beautiful and historical city in the world – Ohrid. I had the opportunity to visit the untouched nature near Lake Matka and hike to the mountain Vodno.

Lucia Pálušová Director for STEP ELSA International 2007/2008

I had various chances to see the Macedonian effort to join the European Union, but my main task in the Department of European integration was doing huge research to comprise the benchmarks assigned to the country until the beginning of negotiations about EU membership. My work was related to EU law, which I really appreciated and it was a huge challenge in according to my law degree. It was a unique opportunity to implement my EU knowl-

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Founded in 1991, ELS - The ELSA Lawyers Society is the international alumni association of ELSA. ELS offers its currently almost 600 members a natural continuation of ELSA upon graduation, but tailored to "postgraduate" interests, time constraints and budget. The aims of ELS were expressed in the Statutes as follows: Recalling that the aim of ELS is to bring together lawyers and other members all over Europe who have been part of or who have supported the ELSA network and structure or who wish to do so now and in the future; to enhance the exchange of knowledge and experiences and to create and maintain personal contacts amongst lawyers in Europe

Would you like to join us? www.elslawyer.org

Thanks to this traineeship I got a great introduction into the Macedonian culture and history, I improved my skills of EU law, I saw a lot of wonderful things and met new international friends.

I would like to express my gratitude to the whole team of ELSA Republic of Macedonia for their great job!

STEP is a huge international experience and I fully recommend it! The Student Trainee Exchange Programme in combination with Macedonian friendly characters was just perfect.

"The basis for the existence of ELS is the association from which we originated and to which we dedicate our support"

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Network Activity

Network Activity

ELSA in the United Kingdom

Towards a brighter future After some years of struggle ELSA UK is yet again a proud member of our network

2009, for it was the day ELSA UK was unanimously elected and re-established against all odds. We were so proud of the achievements with such a tight deadline. However, the jubilation did not last for long as we had some serious work to do in the establishment of the National Board for the development of the ELSA UK network.

The first National Board of the ‘reborn’ ELSA UK network was established on June 3rd in the presence of Morten Rydningen and it was an ecliptic day for all of us with plenty of entertainment for the after party! I was nominated and voted in as Vice President of Marketing due to my efforts of ascertaining sponsorship for the trip to the ICM in Montenegro. To say I feel privileged and proud to represent my country in Europe is an understatement.

We now have a dedicated, like-minded National Board that is collectively working towards the solid foundation of our network for years to come. The fruits of our labour are already evident.

Within two months, membership for ELSA UK has risen to approximately 150 students across four local groups and is constantly growing. We still have a lot of hard work to do of course,

U n i v e rs i t y of De n v e r s t U r m C ol l e g e of l aw

Although that was challenging enough because we were an unheard group of students searching for funding for the ICM, we also had the colossal task of creating a statute for our proposed network and putting forth plans regarding what we genuinely sought to achieve within the first year if we were successful. We came up against many problems but together we gritted our teeth, dug our heels into the ground and pushed to overcome all obstacles and issues.

msLa master of science in legal administration

Wojtek travelled to the ICM in April of this year with a huge weight on his shoulders. I will never forget the date April 4th

3 Unique concentrations: t Law Firm Administration t Court Administration t International Court Administration

In February 2009 I attended a meeting in London with two members of the ELSA International Board, Antti Husa and Morten Rydningen, with a sole aim in mind – the re-establishment of ELSA UK. I travelled with Wojtek Kolodziejczak (President of ELSA UK), a friend and fellow student at the University of Chester, and was extremely nervous about the meeting. I knew from the research we had made before attending the meeting that the previous UK network had suffered problems and to be completely honest, I wasn’t sure how things would turn out. During the six-hour-long meeting it was eventually agreed that all students

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l e g a l a d m i n i s t r ato r s s i n c e 1972

The first thing that comes to mind when you hear the name 'ELSA UK', is its troubled past and the course of events that eventually led to the group being excluded from the network for the time being. For many students studying law in the UK it was a great shame that the opportunities ELSA gives had slipped from their grasp. Yet there were those who made it their year-long ambition to re-establish the United Kingdom as an observer of ELSA. This is my proud story of the rebirth of ELSA United Kingdom.

present would create a ‘UK initiator group’, and through huge effort send a UK representative to the ICM in Montenegro – a mere two months away.

traininG

Membership of ELSA UK had lapsed, leaving the country without a role in the prestigious Laithe Jajeh VP Marketing network of 30,000 students across 36 countries, ELSA UK until the efforts of an initiator group consisting of students from the Universities of Chester, Glasgow, Bristol and City London launched a determined campaign for ELSA UK to be reinstated.

but we are well on our way to achieving our goals. As John Lennon famously said “A dream you dream alone is only a dream. A dream you dream together is reality�.

Plans for the forthcoming year we hope will include a seminar on the erosion of human rights in the UK because of anti-terror legislation and its affects on the UK’s constitution, a seminar regarding equality in the House of Lords (soon to become the Supreme Court of England and Wales), a slow but steady growth of the UK’s STEP programme, training exercises, moot competitions, and study trips which will enable law students throughout Europe to test themselves and learn with some of the UK’s brightest legal minds.

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Moot Court Competition

Moot Court Competition

ELSA Moot Court Competition on WTO Law (EMC2)

Facing the Global Challenge Every year since the academic year 2002/03, i.e. seven times by now, ELSA International has been organising a moot court competition in the law of the World Trade Organization (WTO) – EMC2.

Moot court competitions have traditionally existed in law faculties of Anglo-Saxon Lothar Ehring countries as part of the legal education.

Panelist Students play the role of opposing parties EMC2 before a (national) judiciary in a fictitious lawsuit, the facts of which are previously established in a case of up to several pages. The participants in a moot court normally form teams and prepare both written submissions and an oral presentation to the fictitious tribunal. This model was then followed in several international legal disciplines, with the aim of allowing teams from different universities and countries to compete with another in a rather extra-curricular activity.

The EMC2 is one of the youngest of these international competitions, and it has been a remarkable success, of which especially the initiators and organisers, but also the other participants have every reason to be proud of. Myself being a WTO lawyer only for a couple of years longer than the existence of the EMC2 (working first for the WTO in Geneva and now for the European Commission in Brussels), I have been privileged to participate as a panelist in the competition since its inception (i.e. as a judge – the first instance tribunals of the WTO are called panels). Compared to the organisers and participants of the EMC2, the panelists do not play the most important role, but they are still central because a moot court competition needs people who grade the teams’ written submissions and oral presentations, who guide and add spice to the debate that takes place before the panels and who ultimately decide who wins. The more engaging and knowledgeable in WTO law these panelists are, the better it is for the whole competition, including for its academic level, which consistently has been impressively high.

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There are several aspects that make an international moot court competition in general, and the EMC2 in particular, a uniquely precious event. From an educational perspective, a student’s participation in a moot court is a highly valuable addition to and variation from the (for good reasons) dominant form of learning through scientific study in the form of reading, listening and discussing. The advocacy and legal defence of a party’s case in front of a fictitious tribunal allows students to train their rhetoric and argumentation skills in the partial role which is typical for the subsequent professional work of most lawyers. The intensive exposure to the case of the competition further allows the participants to acquire an intimate understanding of a specific part of a legal area, in this case WTO law, and a fairly solid understanding of the general features of that legal area, which they previously in most cases were unfamiliar with. They engage in this exercise in teams in which they divide the work, coordinate and cooperate, both in the preparation of the written documents and in the oral presentation before the tribunal. This allows the participants to learn and refine teamwork

and leadership skills which will be crucially important in their later careers. Since international moot court competitions always operate in one or a couple of languages only, most teams have to work in a foreign language, which is another powerful source of learning (the native speakers forego this learning opportunity, but they of course also have an advantage in the competition). Finally, the perhaps most pleasant aspect of the students’ participation in an international moot court competition is the opportunity to travel to a regional final or maybe also to the big final round where they meet in person (and later party with) teams from other universities and countries, as well as the panelists. For the students, the participation in a moot court competition is a huge investment of time resources that comes on top of a normally already full curricular schedule. The participants therefore deserve a lot of credit for their readiness to take on such a big task. It is however also important to say that this investment, for the reasons mentioned above, pays off multiple times. I have never seen a team or students who regretted having participated in the moot court, but I have seen many teams and students who said that it was one of the best experiences of their lives, both in terms of what they learnt and in terms of the fun they had.

Each year’s case, which is typically written by an eminent WTO scholar, deals with a different sub-area of WTO law, normally a topic that is at the very forefront of WTO law and jurisprudence.

This allows me to either learn quite a lot about a part of WTO law I was not yet overly familiar with, or to deepen my understanding and refine my reflections about a legal area I thought I was already very familiar with. My participation as a panelist is also an opportunity to meet (again) other WTO professionals with similar legal interests. This allows me to exchange thoughts about the case as well as other questions of WTO law in a more informal setting than a formal professional encounter would permit. While the final oral round of the competition brings together the largest group of eminent WTO legal experts, I equally have been enjoying participating in regional finals, which tend to be more focused and intensive. Many of the fellow panelists have become friends over the years and it is each year a big pleasure to see them again, just like it is great to meet the participating students from all over the world, as well as the board members of ELSA International (who are always people with impressive personalities and leadership and organisational skills) as well as the other organisers of the competition, in particular the crucially important academic supervisors.

For me as a WTO legal practitioner with a strong academic inclination (I teach and I write scholarly papers on WTO law), the moot court competition is a very precious opportunity to make a small contribution to the enormous success of the EMC2. One of the effects of that competition is that it spreads interest in and knowledge of WTO law among university students in both developed and developing countries, which is in the WTO’s and the European Union’s interest from an official perspective, and for me also a personal pedagogic vocation. In other words, the EMC2 serves a very useful purpose of capacity building. With nearly 100 universities worldwide participating, this impact is broader, deeper and more sustained than any of the typically expensive technical assistance initiatives can ever hope to be.

The ELSA Moot Court’s organisers have every year been doing fantastic, not always easy, and certainly enormous work at running the competition which has enjoyed a steady growth over the years in terms of participating teams, and includes an impressive number of teams from nearly all continents of the world. ELSA International can be very proud of what it has achieved. For the study and knowledge of WTO law, for the values which the WTO stands for, for a practice-oriented legal education, and for international exchange and understanding among the future generations of lawyers. All those who support the competition, be it as sponsors, as WTO Secretariat, or as panelists, therefore have a lot of good reasons for doing so.

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Moot Court Competition

Moot Court Competition

European Law Moot Court Competition (ELMC)

Studying the European Union Law between fun and competition ELSA Napoli organized a four-day competition on the European Union’s Law; matching the important experience of a moot court with a great opportunity of multilateral exchange with Universities from all over Europe.

From the 5th to 8th of March 2009, ELSA Napoli, in cooperation with the University of Naples, “Federico II”, hosted the Naples Regional Final of the ELMC, that has reached its twenty-second edition.

The realization of these objectives was permitted thanks to the great variety of the participants' nationalities: of the twelve teams, in fact, ten of them came from different nations; going from USA to Russia passing through United Kingdom, The Netherlands, Sweden, Estonia, Germany, Poland, Austria and Bulgaria.

The ELMC is a traditional moot competition of international level, dedicated to problems of European law. Since 1988, the competition takes place annually and has been hosted by over 50 universities all around the world. Every year four Regional Finals (which are, in fact, semifinals) are organized in four different Universities in Europe and North America. The locations change each year. In 2009 it was in: Boston (USA), Naples (Italy), Sofia (Bulgaria) and Bangor (Wales).

The prestigious composition of the judging panel ensured a high level scientific profile of the event. All the judges were, in fact, partners of important international legal studies, academics of clear fame, representatives of the EU institutions and members of the Court of Justice. Just to mention some names we will remember: Prof. Massimo Iovane (Professor of International Law); Prof. Roberto Mastroianni (Professor of European Union Law) and Prof. Giuseppe Tesauro (Judge of the Constitutional Court of the Italian Republic).

Federico Fusco VP AA ELSA Napoli

In the days of Friday 6th and Saturday 7th the preliminary rounds and the final round took place with the victory of the Stockholm University team as best oral pleading; of the Law School of International University Audentes team (Estonia) as best written submission and of Maria Chiara Toniolo (Berlin team) as best Advocate General.

Of course the ELMC wasn’t only made up of study and institutional moments: an intense social program permitted the participants to meet and socialize with each other, discovering the real taste of Napoli’s life. The hotel was placed in the heart of the old town and nightlife. Things that permitted to enjoy the architectonical beauty and the great number of monuments of the area during daytime and, in the nights, to have parties and fun, letting ELSA Spirit rule. A particular mention goes to the Gala Ball of Saturday night, held in a special hall of the Hotel Palazzo Alabardieri, obtained from the restructuration of an old nunnery. Finally relaxed because of the end of the competition, we had a special karaoke moment: all the participants, divided by nationality, presented their nation singing a typical song: the best way to forget the tiredness of two long days of work and close the event in the funniest way possible!

The manifestation was opened on Thursday the 5th of March with a welcome cocktail at the beautiful Hotel Palazzo Alabardieri. An important mark up was given by the participation of the Avv. Francesco Caia, president of the Council of Lawyers of Naples, who expressed his happiness and approval for this event, considering the important role that it plays in the formation of a young lawyer and evidencing the role of necessary match that the lawyer plays between the citizen and the state jurisdiction.

For the whole event we used both English and French languages, but to balance the competition, in the evaluating parameters the judges considered, also, if the participants were or not native English\French speakers.

We truly hope that this Competition has been, according with the ELSA scopes, a concrete contribution for the promotion of the knowledge of the EU law and the legal education of the students; giving them not only an experience of study, but also an experience of life.

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In each Regional Final twelve teams, selected on the basis of written submissions, compete to gain the qualification to the All European Final. This is the final round and it takes place in Luxembourg, at the Court of Justice before judges from the Court of Justice and the Court of First Instance.

The Naples Regional Final has been a really important occasion of promotion and development of ELSA’s scopes and interests, such as valorization of the EU law knowledge, contribution for the law students to get legal education and to be internationally minded and professionally skilled, multilateral exchange and international contact; trying to concretize as good as possible the true ELSA Spirit.

To organize this event ELSA Napoli acted under the omens of the ELMC Society. It is a society based in Portugal that is the “owner” of the ELMC. It organizes the ELMC by selecting the participant teams from the best universities of Europe and North America and keeping contacts with the Regional Organizing Committee, which provides the whole organization of the Regional Final.

The Regional Organizing Committee was composed by ELSA Napoli with some external support, especially from the Department of International Law of the University “Federico II” of Naples.

Our two-semester program begins in August, and your home will be Houston: the fourth-largest city in the United States with an affordable cost of living and vibrant international connections.

We invite you to learn more about our LL.M. program at WWW.LAW.UH.EDU/LLM UH is an EEO/AA institution.

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37

Study Visit

Study Visit

ELSA Czech Republic and ELSA Georgia

Two intensive weeks in August Bilateral Study Visits are one of the most important projects in ELSA that greatly contribute to achievement of our philosophical statement by improvement of legal education, fostering mutual understanding and promoting social responsibility of law students and young lawyers. Let us present to you one of the most challenging and most important projects of ELSA Czech Republic and ELSA Georgia.

Zinaida: Study visit - part I During the ICM in Nuremberg representatives of ELSA Czech Republic were one of Zinaida Chkhaidze the friendliest delegations in the whole Net- VP S&C work and supported us greatly to become ELSA Georgia observers. They also offered us to organize a Bilateral Study Visit (BSV) between ELSA Georgia and ELSA Czech Republic. It was a little bit challenging for us because we didn’t have enough experience to organize such events, but on the other hand it was a great opportunity for us to gain experience, international friends and to get acquainted with the Czech Legal System. We decided that we should take this challenge and organize a BSV and we finally decided upon this during the ICM in Budva, Montenegro. The BSV was planned to take place between 17th and 30th August. First week of the BSV was held and hosted in Georgia and the second week in Czech Republic.

Zuzana Kohutova S&C Team ELSA Prague

it was important to create the local group, the aims of the local group and about future projects. This event and most of the study visit was broadcasted by the leading television companies in Georgia.

We had planned both an academic and a social program for our Czech and Slovak students to get acquainted with the legal system, beautiful nature and traditions of Georgia.

On the second day of the study visit the participants were welcomed at the Tbilisi City Court by the chairman of the court Honorary Giorgi Shavliashvili. Afterwards the chairman of the civil branch Honorary Irakli Adeishvili gave a lecture about IP law, copyrights, trademarks and the visit was finished by a spectacular tour of the whole court building. We finished the second day by visiting the international law firm DLA Piper and had a lecture about this law firm, fields of law it focuses on, about its structure, the international and national clients and about the most notable former cases. Our delegation also visited the partners of ELSA Georgia, VKM Ltd., the carriage building company which generously provided us with a beautiful salon carriage for overnight ride to Batumi at sea side, and Meatana Ltd. that sponsored us with various delicious meat products and gave us a tour to its factory.

At the first day of the BSV, the participants visited the Tbilisi State University where the Principal gave lecture followed by a discussion about changing the legal system of Georgia after the dissolution of the Soviet Union. After the lecture the initiative group made a presentation about the future of ELSA Tbilisi, why

During our stay in Batumi we visited the Constitutional Court of Georgia and had a short discussion with the President of the Constitutional Court Honorary Giorgi Papuashvili and the Judge Honorary Lali Papiashvili about the history and structure of the court. At the Batumi State University we were welcomed by the

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Principal and by the Dean of the Law School. In Batumi we had a rest and enjoyed the beautiful seaside of Georgia, botanical gardens, Gonio Castle and Sarphi on the border of Turkey, where we attended the national holiday called lazoba.

After returning to Tbilisi we only had one day left in Georgia so we had a training on teambuilding with Kate Aleksidze, one of the founders and president of former ELSA Georgia, member of the former International Board and now ITP Trainer. After this training we were able to organize a tour around the Residence of Georgian President and in the afternoon we also visited Mtskheta, the first capital of Georgia, with lots of ancient orthodox churches and beautiful sights and Gori, the birthplace of Stalin.

Bilateral Study Visit with ELSA Czech Republic was the first international project of ELSA Georgia. We did our best to show our guests the best of Georgia, its nature, traditions and legal system as much as it was possible within one week.

Zuzana: Study visit - part II Do you save the best for last sometimes? This summer we decided to do so and reserved the last two weeks of August for a Bilateral Study Visit with ELSA Georgia.

It was Monday, 24th of August and the weather in Prague was as perfect as it could possibly be during this period of year. Our Czech delegation returned in the morning, and we were awaiting Georgian delegation impatiently. At about 3 pm, they were finally there.

The first day passed very quickly due to our visitors´ exhaustion so we only managed to take a walk through the historical centre and have the opening dinner, a piece of typical Czech cuisine, already looking forward to the next day. We started it with a visit synergy magazine

to the Office for Personal Data Protection and after the lunch we continued to Kocián Šolc Balaštík, law firm where we stayed until the evening. The brief presentation of law firm itself, its work and cases seemed to catch our visitors´ attention. The Czech National Bank was a place we had planned to visit in the morning. After all these official meetings, where a flow of information was coming from all sides, the time came to have a little rest, and the best way for this appeared to be an hour spent on water bicycles on Wednesday afternoon, sailing near Charles bridge. After that, we were pleased to spend an hour discussing relations between Russia and Georgia with a professor of our Law School, Mr. Pavel Caban, who specialises in international public law.

Meanwhile, participants of this year’s ISMM were arriving to Prague and we took an advantage of this opportunity and joined them for a barbecue party in the evening for a while. But there was not much time left since we had to catch the midnight bus to Vienna! It was very tiring trip, but all of our new Georgian friends were very impressed by the beauty and architectural jewels of the Austrian capital. We expected Friday morning to be very difficult, but it turned out that our worries were in vain.

The discussion with a professor of our Law School, Mr. Zdeněk Kühn, about judicial system in Georgia and Czech Republic, was very difficult to interrupt, and if we didn’t have to catch our train to Pilsen, probably it would have lasted much longer. After two hours spent in train, we reached our destination and visited the famous Czech Brewery – Pilsner Urquell to take a look on the process of making beer. We spent the rest of Friday in Pilsen, taking a walk through the city centre and having a long feast in the evening that everyone seemed to enjoy. Saturday was dedicated to attending the ISMM workshops, gift shopping and was finished by beautiful gala dinner in a small restaurant near Charles Bridge.

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Study Visit

Study Visit

ELSA Novi Sad meets ELSA Ljubljana

One week passed by very quickly and we woke up on Sunday and had only last few hours before the flight. We summed up everything we experienced during the recent days and agreed that we all enjoyed it very much. A lot of new information, knowledge and experience but also great fun and new friendships that are strong enough to last forever, new point of view on Georgian and Czech culture, society, politics and many other issues, this all made our Bilateral Study Visit with Georgia really special for us. And we are already looking forward to meet again!

Feeling Slovenia...

Once compatriots, now barely even neighbours. However, after spending time with our Slovenian hosts, one had the feeling of being at home. The whole idea of a Study Visit was conceived at the Spring International Council Meeting in Budva. Those who have been to this event know that the best friendships are made there. After lovely seven days spent together, the Local Groups started planning on meeting again soon.

We arrived to Ljubljana on the 3rd July, after the 7-hour adventurous trip by a minivan.

In the early morning, while we were still trying hard to put ourselves together, we were greeted with smiling faces holding a banner saying “Dobrodošli” (Welcome) both in Cyrillic and Latin Serbian.

We were knocked off our feet by the gesture.

Ana Koprivica President ELSA Novi Sad

Flexible, professional courses to enhance your career • Top 10 Law School for research of international importance • Centre for Commercial Law Studies (CCLS) established in 1980 – first in UK • Convenient central location in Lincoln's Inn Fields, Holborn • General LLM • LLM in Banking and Finance Law • LLM in Commercial and Corporate Law • LLM in Comparative and International Dispute Resolution • LLM in Competition Law • LLM in Computer and Communications Law

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American Bar Association (ABA) accreditation (LLM) Exemptions from UK Qualifications

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On our first day in Slovenia our hosts organised a reception at Ljubljana’s Faculty of Law. A charming Prof. Janjez Kranjc, teaching Roman law, gave us a tour around this magnificent institution located in the centre of the peaceful city of Ljubljana. Prof. Kranjc told us about the history of the Faculty, about its significant role in the reformation of the legal system in the Republic of Slovenia, and about exchange programmes and common problems our Faculties are facing due to the implementation of the Bologna process.

Dalibor Valincic, Attorney-at-law, Law Office Valincic, Zagreb, Graduate, LLM in Comparative and International Dispute Resolution

www.law.qmul.ac.uk

Later we used the opportunity to visit the ELSA office, where we were delighted to see walls full of charts, itineraries and plans. This led us to start a discussion about the projects being planned and realised. During the ELSA Alumni picnic, we gave a presentation on our upcoming conference in November, “ELSA EXYU: Human Rights at the territory of Ex-Yugoslavia”. Our friends loved the

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presentation and promised to come to Novi Sad in a large number.

After a beautiful day spent in the capital, which bears a great resemblance to our home town, they took us to the lakes – Bled and Bohinj. There are simply no words to describe the beauty of the landscape. In Slovenia they say that you are only two hours away from skiing in the mountains or swimming in the Adriatic Sea. A perfect country, don’t you think?

In the coastal town of Koper we had an organised tour in the Regional Court. The President of the Court showed us the Court rooms and spoke about some of the current processes and about the cooperation established with the Court in Novi Sad. A day before our return, we were back in Ljubljana, visiting the Museum of Slovene Police. This museum collects material on criminology in Slovenia and records from the Slovenian department of criminology. We were given a tour by Mrs. Biserka Debeljak, who told about the various crimes, pointing on the evidences collected in connection to them.

On the 9th July it was the time to leave Ljubljana, say goodbye to our dear friends and thank them for being perfect hosts. We fell in love with this city, this country, these people and ELSA spirit!

Thank you ELSA Ljubljana, see you in November!

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International Council Meeting

International Council Meeting

LV International Council Meeting in Budva

Montenegrin ICMphony In the spring of 2009, more precisely from March 29th until April 5th, the 55th International Council Meeting took place in Budva. The event was organized by ELSA Montenegro in cooperation with ELSA Serbia and gathered 256 participants from 36 European countries to the beautiful ambience of the four-star hotel - Bellevue.

in Lisbon, could be properly executed. This meeting had a special value and importance for ELSA, because a new International Board was supposed to be elected. Eight ELSAmbitious people were hoping to get a chance to be part of the highly-responsible coordinative group, ELSA International. Because of active teamwork, beforehand preparation, cooperation and quality synergy on workshops, useful decisions were made. On the other side, candidates for IB were very well verbally and materially prepared, with a firm recommendation in the past activity, which made it hard for all of us to make a decision who to vote for. In the end, we applauded to Leo, Amanda, Mirko, Timo, Peter and Sofia. Afterwards, the great team got another precious co-worker – Frida. Good luck, IB 2009/2010!

gro hotel. It was an unforgettable night of wine and elegance.

During every day, we were spicing all up with great, bonding, joyful moments near the pool, in the Pizzeria, on the balcony, in the hall, on the beach, and, in the end of the days, in Trocadero night club and on traditional Meds’ and Nordic parties. We all had an opportunity to enjoy amazing, breathtaking performances on the Elsa Vision Contest, where representatives of Italy,Turkey, Germany and many others showed us how unexpectedly great they could dance and how virtuously they could perform operas or, even, rap.

Apart from this, it was an honour and a pleasure to welcome four new National Groups. ELSA Bosnia and Herzegovina, ELSA Luxembourg, ELSA Armenia and ELSA United Kingdom, congratulations!

Miona Boricic Secretary General ELSA Montenegro

Dear friends, the International Council Meeting in Budva existed before it happened.

In autumn 2007, on the ICM in Reggio di Calabria, you, dear friends, expressed your confidence, with no votes against, electing us for Host of spring ICM 2009. A year later, at the unforgettable autumn ICM in Nuremberg, after giving you some major information about our vision of the spring ICM, you confirmed your confide. Proud to have your trust, from that moment on, we put in all our efforts, our strength and creativity to bring our ideas and your wishes to reality.

It was not a yellow brick road, easy to follow, inevitably leading to success. Everyone, who has organized a meeting, especially ICM, knows this. In addition, current economic circumstances resulted with difficulties in finding sponsors. We knocked on many doors and, fortunately, some of them were opened. With economic and material support of T-com, T-mobile, Rokšped Auto Center, Government of Montenegro, University of Montenegro, Municipality of Budva, CAZAS, Commercial Bank Budva and Agency for radio-diffusion we had the fundaments to build ideas on. While negotiating and looking for support, the Montenegrin part of the Organizing Committee had many meetings in the ELSA office.

That is where the vision was defined, where the dreams were getting more precise shape and being brought closer to reality. At the same time we were actively communicating with the part of Organizing Committee across the border. Great ideas, support and help were sent by using electronic communication from beautiful Novi Sad. Synergy of eighteen enthusiastic people, hundreds

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of `maybe-we-should` and `perhaps-we-could` was bringing us closer to LV International Council Meeting. Sheets, applications, tables, requests for sponsorships, plans, templates, innumerous questions, supersonic replies, calls, seat reservations, getting up early, staying up late, happiness, anxiety, enthusiasm, thoughts, words, ideas, were mosaically put together in the memorable picture of how it feels to be in an Organizing Committee. I should, hereby, mention how much it meant for us that we had your support through all of this.

Organisers as well as participants and guests were fully aware of the importance of this meeting. Every International Council Meeting is crucially important for the development of ELSA and updating it to new circumstances. Even at the airports, while waiting to be transported to the hotel, some devoted participants were going through working materials, in order to be well-prepared for workshops, so that the five-year strategic plan, made

On this ICM, we, as organisers, wanted to put a focus on the matter of human rights and fundamental freedoms. They are primary foundations and irreplaceable pillars that sustain democracy in the modern world.

Likewise, Council of Europe is the Human Rights’ partner of ELSA, so we considered this a way to strengthen the links between us, as partners, and, as well, to maintain a reputation of a conscious, socially aware students’ association. Our major intention was to bring awareness to the problems in relation to these matters, to bring eminent professors that would give lectures and realize active discussions on different topics, such as prohibition of slavery and forced slavery, right to education, minority rights, right to life, freedom of expression, prohibition of torture, right to privacy and family life. Believing in ourselves as young people with wealthy and internationally oriented minds, we, indeed, were involved in round-table discussions. Exchange for change – exchange of perspectives, ideas, opinions, about and for the changes we want to see, changes we need to make.

Participants also had a chance to enjoy the beauties of this Southern European country. To be dazed by the salty fragrance of spring on Montenegrin coast in Budva; to delight in walking through the passages of the old town Kotor, where lovers and warriors made history and memories; to bask in the coldish breeze in Cetinje; to admire enchanting, hypnotic beauty of Lovcen; to walk the streets of our capital city – Podgorica.

And on Thursday, 2nd of April, we were flawlessly glowing on the Gala Ball held in the modern ambience of the Queen of Montenesynergy magazine

With every dance, embrace, a shared word, idea, plan, with every nostalgic and happy look, we were discreetly and unconsciously blurring the differences, prejudices and boundaries, making ’’a just world in which there is respect for human dignity and cultural diversity’’. I could responsibly and freely say that ELSA is a way of thinking. Perhaps, it bonded us more than any religion, political view or mutual hatred could ever do.

Although, allegedly, everything was forbidden, judging by all your comments we really made it a sea of law, sea of love. We were sharing good times and bad times, pausing reality. Reportedly, among all floors, the fifth was the best. Besides that, there were winners elected and charts made in all traditional Funergy categories (Thank you, Patrick).

For seven days we were carried by genuine ELSA spirit!

I, Miona Boričić, on behalf of OC ICM Budva (Mirko, Vlado, Dena, Bojan, Milena, Vanja, Maja, Milja, Maja V., Denisa, Djordje, Miloš, Ana, Danilo, Igor, Tijana V., Tijana R., Igor B.) would like to thank you all for coming, for laying trust upon us, for making those seven days the best they could be.

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Legal Writing

ELSA Italy and ELSA Napoli:

ELSA and the Rule of Law Overcoming the formal boundaries of law, The Rule of Law has become a milestone idea in the spreading of democracy around the world within the last decades.

Legal Writing Indeed, social awareness and the culture of respect for rules are the keys to fight organized crime and its heinous consequences on the lives of people. Therefore, ELSA Italy, as a member of the civil society, wanting to take responsibility with regard to this fundamental task, planned and implemented the project called “ELSA & the Rule of Law”.

As examples of events territorially and culturally different within the “ELSA & the Rule of Law” project, we decided to describe the experience of 3 local groups showing fruitful and cooperative work. ELSA Napoli, ELSA Padova and ELSA Palermo offered their audience moments of high-level cultural interest.

Rule of Law is not only a legal and judges that fought for fundaconcept but also has a major somental freedoms and the respect cial and cultural significance. It for the Rule of Law in some cases was born with the definition of facing the ultimate sacrifice of bestate’s respect towards the norms ing killed because of their strugAlessandra Arfè Laura Marenghi Paolo Amorosa preventing an arbitrary use of gles for a just society. The most VP S&C VP Marketing President power. The necessity of respectremembered and loved by people ELSA Napoli ELSA Italy ELSA Italy ing The Rule of Law and human of them were Giovanni Falcone rights is fundamental for buildand Paolo Borsellino, two prosing and maintaining a democratic system. It is important for the ecutors that invented and implemented new investigative techsociety as it develops the culture of civil cohabitation and coopniques to use against organized crime and successfully brought eration. to justice many big bosses of Sicilian “Cosa Nostra”. Both were murdered with explosives within few months in 1992. Nowadays Italy is a country where organized crime is strongly present and Roberto Saviano, a young journalist that gained worldwide fame, flourishing, there is no point in denying or diminishing the conexposed the activities of the criminal organization controlling the tent of such statement, as many politicians did in the past and region around Naples with his book “Gomorra”. The organizasometimes still do. Moreover, contrary to the common opinion tion is in fact called Camorra. The book has been translated in a abroad and very often also in Italy, the issue is actual not only great number of languages, increasing its success throughout the in the southern part of the country. The criminal organizations world also because of the movie inspired by it. It is fundamental showed a significant capacity to influence the institutions and to understand that not only exceptional people are able to strugeconomic enterprises at any level throughout the years. Most of gle against mafias. Every citizen, in every act of everyday life who the huge amounts of money deriving from criminal activities peris not bending himself to every kind of abuse is a fighter. The formed in the south are then laundered through investments in society only has the potential to defeat this spread and poisonous companies and financiary operations in the richer north. On the phenomenon by respecting the rules posed by the society itself other hand, the italian population is composed of a majority of and through behaviour inspired by the idea that standing up, honest persons suffering, at a different level, for this kind of status avoiding any kind of shortcut is a valuable contribution to the quo. Italy is also the homeland of renowned jurists, journalists creation of a just world.

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For instance, ELSA Padova, thanks to the participation of Vittorio Borraccetti, a prosecutor in Venice, had the ability to show how organised crime manifests itself with violence and murders which is of nature and origin exclusively southern. A clear example is “Mafia del Brenta” that was based in the north-east of the country. The experience of the German journalist Petra Reski proves that organized crime acts and controls the life of individuals, limiting human rights, even such rights as the freedom of expression and the right to information which seems to be irrelevant in respect of their interests and activities. Reski wrote a book investigating the murder of six people performed in the German city of Duisburg as retaliation between two families belonging to the Calabrian organization known as “’Ndrangheta”. She was not afraid of using names supporting her accusations with proof but her courage did not prevent her from being convicted for defamation at first instance.

ELSA Palermo, on the other hand, focused on more “familiar” aspects of the criminal phenomenon. The main conference of the event was enriched by the presence of academics, such as Antonio Scaglione, professor of criminal procedure, journalists and psychologists. Where Mafia’s killings, abuses and the most violent manifestations happen, there is also a stronger awareness that crime poisoning our country is not something other than a phenomenon that crawls inconsciously in our everyday behaviours.

Prof. Niccolò Mannino suggested in his lecture to confront and kill the mafia monster that is in any of us as the first step to finally destroy organized crime.

Also ELSA Napoli fruitfully cooperated in the project, organizing a study visit, including three days of academic program, synergy magazine

involving the groups of ELSA Munich, ELSA Frankfurt, ELSA Bratislava and ELSA Trnava. Between 27th and 29th of April, Napoli’s group offered conferences and cineforum meetings for their ELSA guests trying to originate dialogue between cultures towards an awareness of the fact that criminal organizations have precise territorial origin but also a wider possibility of development and growth. The most significant lecture was the one of the prosecutor Raffaello Magi who worked in one of the most important trials in the context of the struggle against “Camorra”, known as Spartacus, which was made widely known by the already cited book by Roberto Saviano.

Rule of Law means guarantee, safeguard and respect of human rights in every socio-economic and cultural field. That is why ELSA Napoli also wanted to talk about a trial that questioned the exclusively capitalistic approach of our productive system. The prosecutor Raffaele Guariniello ordered the two former managers of Eternit, Schmidheiny and De Cartier De Marchienne, to stand trial for alleged negligence leading to hundreds of deaths linked to asbestos plants. The two were allegedly responsible for the death of some 2,000 workers and residents from asbestos-related diseases. Most of the cases occurred around an Eternit plant in Casale Monferrato, close to Turin and Bagnoli, a quartier near Naples.

This is to demonstrate that the territories in which criminal organizations were more easily created are the ones where the State as a bulwark of culture and safeguard of human rights is absent, a State which is not vigilant in the labour field where there is a lack of legality, is one of the biggest causes attracting young people in adhering to a Mafia code of death and abuse.

As far as the promotion goes, ELSA Italy has worked successfully both in national and local level: in fact “ELSA & The Rule of law” has captured the attention of medias and maxima institutions; we have obtained some promotional pages in legal reviews, television's interviews and spaces in newspapers. Due to the importance of the event, “ELSA and Rule of law” was approved and supported by the President of the Republic, the Council of Ministries, the European Committee and the Ministry of Youth.

The situation of crisis - not only economic - in which we are living, has given us the possibility to arrange a great manifestation hoping that it can improve our nation’s diffused social conscience and bring up ELSA vision.

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Conference

Conference

ELSA Vienna: Conference on International Criminal Law

Accomplishments, Challenges and Newest Developments From 29th - 30th of May 2009 ELSA Vienna, in cooperation with the Department of Criminal Law and Criminology at the University of Vienna, organised an international conference within the subject ofInternational Criminal Law.

ELSA Vienna has been around for a very long time, but has been focused locally Karolina Hyzova for the past few years. Last year’s board VP Marketing decided to take a step and change this ELSA Vienna – by organizing the first international conference since around ten years. In the following, we will describe how we got the idea of organizing an international conference and how we went about doing it.

International Criminal Law is, in our opinion, a highly interesting subject that is promoted too scarcely. It is hard to find university courses in international criminal law, although it is a very important and exciting subject. This results in very mediocre knowledge of ICL among the public, including university students. All these reasons pushed us to select ICL as the topic of our planned event. Additionally, one board member had first-hand experience in the field of ICL, having completed an internship at the International Criminal Tribunal for the Former Yugoslavia (ICTY).

The first step was to get in contact with somebody else who was going to be of great help – a criminal law professor who had just completed his term as ad-litem judge at the ICTY. Prof. Frank Höpfel was delighted by the idea that a student organization like ELSA was going to or46

Our professor’s knowledge of the international criminal law scene turned out to be crucial to us in finding speakers for the event.

In an event like the international conference, the speakers create the academic content to the whole project, so it is of utmost importance to find ones which are able to communicate well, and to deliver their message effectively to the participants and listeners. We managed to get in legal experts from the ICTY, the International Criminal Court, the OSCE, the Foreign Ministry of Austria and the University of Linz.

at the University of Vienna became the scene of a well-attended panel discussion that was open to the public. On the following day the workshops took place simultaneously, and ended in a plenary, in which the workshop results were presented. ELSA International supported the event through the presence of Kamil Szymański, Vice President for Seminars & Conferences 08/09.

Some months before the conference, we recorded a promotional video for the event. This video was aired on YouTube and Facebook, and turned out to reach about 1000 views. This stresses the importance of marketing an event in every possible way and of using the available means of communication fully.

During the two-day event, students and professionals from various disciplines and countries had the chance to get to know each other and to interact. Viennese students were presented in the law school building with a conference organized by other students. This last detail seems incredible to our colleagues here, since students normally do not engage in extra-curricular activities, and other academic organizations rarely organize events at the law school.

Another key factor which allowed us to reach interested potential participants was marketing the event through the mailing list of an academic organization which focuses on international relations. Although this step was taken just a few weeks before the actual conference, it turned out to be pivotal in reaching further participants, and ones that were truly interested in the subject.

This first little approach to the academic organization we contacted could turn out to be the start of a fruitful relationship, with a mutual exchange of interests and expertise.

The thoroughly positive experience, along with the wholly positive feedback we have gotten from participants leads us to think about aiming at making this conference an annual event. Vienna is a traditional venue for international get-togethers, and the University’s Criminal Law Department is happy to work with ELSA. These factors, along with an ever-growing local group, allow us to look to the future with serenity. If we should repeat the conference, we hope it can exceed 2009’s results in terms of legal expertise, organization and social program.

Finally, the days of the conference came, and the hard work that had preceded it started to pay off. The top floor of the law school

We are looking forward to see you in Vienna!

ganize a conference, and was of immediate help. He jotted down a schedule, Christoph Hauser complete with the contents of workVP S&C shops, panels, etc., and advised us on ELSA Vienna whom to contact as speakers.

In the local group we started to divide tasks and contact partners. Some of us were determined to give the Vienna local group the international reputation it deserves, and to organize this conference as an international event from the start. We thought it was important to focus on the “big picture” at the outset of the planning process, and give our (rather idealistic) view of the organization of an event the needed fine-tuning afterwards. However, we met with considerable opposition in the group, as some members thought we weren’t ready to go international.

As the months passed, the conference fraction pushed ahead in its work, and we started getting positive feedback from partners. Finding financial backing for the event proved to be one of the hardest parts of the whole organization in times of economic turmoil. This caused us to continually review the budget – a practice we would recommend to every organizing committee.

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Conference

Summer Law School

Public Interest Litigation

ELSA Lithuania Summer Law School – Trade and Environment

The Swedish style

When everything is possible…

The 13th - 14th of March 2009 ELSA Sweden, in cooperation with the Centre of Justice, welcomed members from all over the Network to participate in a conference with the topic Civil rights litigation and European Law.

The Summer Law School “Trade and Environment” took place in Vilnius from 26th July to 1st August 2009.

I was a rather underdressed VP S&C of ELSA Sweden who left spring in Tilburg for Andreas Bålfors VP S&C a wintery Stockholm on an early Thursday ELSA Sweden morning in March this year. After months of preparation ELSA Sweden's annual Human rights conference was finally taking place. This year many things were different, first of all we had a completely new theme; "Civil Rights Litigation and European Law". Co-operating with a Swedish NGO called Centre for Justice we wanted to show the members real life examples of Human rights Court cases.

Have you ever thought what ELSA is for you? We are sure you have. And everybody will agree that ELSA is the best place to face Juste your challenges, to get additional package of Beloglovyte Head of OC academic knowledge and to meet new best friends from all over Europe. It is a place where you can feel the hospitality and sincereness while being and working together. Nothing can show the most beautiful side of ELSA than an international meeting of the whole network. Only then you can feel real ELSA spirit and even more than that…

Since everything was pretty much new to everyone we started out smaller than the human rights conferences of previous years, at least in terms of duration and participants. Around 40 very motivated and active law students spent two intense days listening to and scrutinising our lecturers. The former included representatives from all six Swedish Law Schools and international guest from 7 different countries.

My primary responsibility during the conference was making sure our overseas guests had a good time.

Therefore Friday morning started early since I was supposed to prepare breakfast at the Hostel. An early bird participant made that job a lot easier and basically all I had to do was to make sure the kettle was going strong. After a very nice morning meal the 8 of us set out to find the conference venue. Since Stockholm was about as new to me as to every-

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one else that accompanied me, I was suprised to find the venue as quick as we did.

There was still a certain atmosphere of nervousness in the air, at least amongst us in the OC. Would we be able to pull it off?

We certainly did. After a few adjustments in the schedule, Friday passed by very quickly. I was very pleased to see the intense discussions and active participation in everything from the influence of the European Court of Human Rights to the boundaries between Hate Speech and freedom of expression. We were also shown a much appreciated lecture on how civil rights litigation could be transformed from a US context to the Swedish legal environment. The day ended as good as it had started, a very nice meal with very nice company from all over Europe.

Saturday was once again a very good conference day. The second day saw topics such as sex discrimination within the University admission system and the highly debated Swedish Signal Surveillance Act. The participants asked questions and gave their own opinions and suggestions. People from different legal cultures didn't always agree but we all got to hear angles and points of view unknown to us before. In the end everyone seemed very satisfied with coming to Stockholm this weekend. Hopefully the word will have spread and ELSA Sweden can give you an even better event next year.

ELSA Lithuania has organized a few unforgettable International events and Summer Law Schools. But that was long time ago...

And after a deep sleep ELSA Lithuania decided to wake up and organize the Summer Law School 2009, and to reach this goal despite the fact of economical crisis.

In cooperation with Mykolas Romeris University, the European Commission representation in Lithuania and a member of European Parliament Mr. Justas Paleckis we managed to organize it the best we could. 22 participants from United Kingdom, Poland, Greece, Ukraine, Italy, Slovakia and Lithuania enjoyed a week of learning and having fun. The academic program consisted of more than 23 hours of lectures given by professionals from Lithuanian law firms, European Commission representation in Lithuania, Ministry of Environment, Ministry of Justice, Mykolas Romeris University, World Trade Organization and Düsseldorf Institute for Foreign and Security Policy, and by an advocate and PhD candidate from Romania.

competition. The winners were awarded by special prizes from the partner organizations and ELSA Lithuania. The Organizing ComLinda Prakaite mittee did not forget to prepare a fun social VP S&C ELSA Lithuania program. We hope you will always remember the cozy social evenings full of laughter and dances, our crazy Green party by the swimming pool and the extreme ecological trip to the adventure park.

For the organizers and for our guests this international experience will be the greatest motivation to work with inspiration and passion for our association. That is why ELSA Lithuania outlined this goal - to organize an International Summer Law School, to invite our friends from the network, to show what ELSA spirit in Lithuanian way is and to gain legal knowledge in the field of trade law and environmental law. We hope that we reached this goal and you have experienced many nice and unforgettable moments… Hope to see you all next summer!

After the course the participants had a chance to test their knowledge in trade and environment law by taking part in an essay

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Conference

Conference

ELSA Ukraine, International Conference:

dent of ELSA Ukraine and the current President of ELSA International awarded the President of ELSA Odessa Iuryi Zhukovskyi the Diploma of the Council of Europe for the commitment shown towards Human Rights when organizing the International Conference “Role of the International Court of Justice in Resolving Territorial Disputes” on the 18th – 19th of April 2008. Council of Europe was very satisfied with the quality of work done.

European Court of Human Rights: It’s Activity and Achievements From 17th to 19th of April 2009 the Second International Conference in Odessa National Law Academy was held under the auspices of the Deputy Secretary General of the Council of Europe, Mrs. Maud de Boer-Buquicchio.

During this conference law students and young lawyers from Europe and Ukraine Inna Ianovska VP S&C 08/09 discussed the peculiarities of activities and ELSA Ukraine functioning of the European Court of Human Rights. The existence of this Court proves that national legal systems cannot ensure full-fledged human rights protection in Europe. A great attention was paid to the situation with Human Rights protection in Ukraine because Ukraine takes one of the first places by the number of applications to the ECHR. This Conference was held under the auspices of the Deputy Secretary General of the Council of Europe, Mrs Maud de Boer-Buquicchio.

Among speakers you could have met Tatyana Sveshnikova (a lawyer at the Registry of the European Court of Human Rights), Andriy Pavlovich Tolopilo (Assistant of the Minister of Internal Affairs in Odesa region in the Department of monitoring of Human Rights observance, Master of Law), Mykola Ivanovich Pashkovskyy (Candidate of Law, Associated Professor of the Department of Criminal Procedure), Tatyana Oleksandrovna Antsupova (Candidate of Law, assistant professor of Department of EU Law and Comparative jurisprudence in Odessa National Academy of Law), Ahmad Khattak Iftikhar (Lawyer of the International Human Rights Defence Committee, Member of the Law Union of Ukraine, LL.M), Natalya Leonidovna Scherbina (Main Specialist in the Secretariat of Governmental Commissioner on ECHR Affairs at the Ministry of Justice of Ukraine).

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As Iuryi Oborotov (Professor, Doctor of Legal Sciences, the Head of the Department of Theory of State and Law) said, the great amount of applications to the European Court of Human Rights is a reproach to the legal elite of Ukraine which cannot maintain law and order inside our country but adopts to the decisions of political, economical, military and bureaucratic elites which exist in Ukraine.

“After a few months or years these students will become practitioners and very likely they will cooperate with the European Court of Human Rights, represent the interests of applicants to the ECHR. If the education of young lawyers will be qualitative especially concerning European Convention and Human Rights protection, the quality of materials, which will be sent to the ECHR, will rise, that will simplify the work of the Court”, Tatyana Sveshnikova noted.

Natalya Scherbina proclaimed that participants did not take a superficial approach to the existence of the European Court of Human Rights and European Convention, but disclosed the problems which exist in connection with the implementation of the European Convention into national legislations.

The participants of the Conference discussed different problems which appear in the practice of the European Court of Human Rights. This event was important for the raise of legal culture of law students and young lawyers who shall build Europe where there will be real adherence of Human Rights.

It should be acknowledged that the Council of Europe sent the materials from Strasbourg which were distributed among participants and guests of the Conference. It were a lot of leaflets, posters, notepads, books etc. A number of European Conventions and a few Collections of cases of the European Court of Human Rights were granted by the Office of Council of Europe in Ukraine. The surplus of materials was distributed among Departments of International Law, Comparative and European Law in Odessa National Law Academy and the Department of International Law in International Humanitarian University.

During the plenary session at the closure of the Conference all participants of the Conference received certificates and the best speakers were granted collections of the cases of the European Court of Human Rights. Besides, Leonid Cherniavskyi, Presi-

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