Synergy Magazine 49 by ELSA International

Magazine of The European Law Studentsâ&#x20AC;&#x2122; Association

No.49 Âˇ I-2011

SYNERGY

magazine

Secretary General of the Council of Europe

International Focus Programme

Delegation Report

Living together in 21st century Europe, p. 20

Law - An essential tool to advance WHO's agenda, p. 32

International Trademark Association, p. 10

Celebrating 30 years of ELSA history

How ELSA got its vision, p. 16

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About ELSA The European Law Students’ Association, ELSA, is an international, independent, nonpolitical 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.

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

Our Philosophy

Contributions

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.

Synergy is published twice a year for ELSA’s members in

Our Network

ELSA is a unique and growing Network of 30 000 law students and young lawyers from more than 220 universities in 42 countries across Europe. ELSA currently has members and observers in: Albania, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, 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.

42 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 Laurits Ketscher ELSA International Phone: +32 2 646 26 26 Fax: + 32 2 646 29 23 E-mail: elsa@elsa.org Website: www.elsa.org

ELSA International’s Corporate Partner

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. 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 obtained Observatory Status with WIPO.

ELSA International’s Human Rights Partner

ELSA International’s English Language Partner

Since 1912

ELSA International’s Auditing Partner

ELSA International’s LLM Partner

Marraine & Patron

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

synergy magazine

ELSA International’s Marketing & IT Partner

ELSA International’s Media Partner

Editor’s letter Dear reader, I am pleased to present to you the special 30th Anniversary edition of Synergy. The fact that ELSA is now 30 years old, is in itself impressive, that the association has survived through political turmoil and economic crisis. This is in great part due to the ELSA spirit, and the free initiative of the members.

Aside from that, you can also read up on delegations, a unique opportunity ELSA offers. And read reports from delegations, read about different summer law schools offered by ELSA groups, and the cooperation between CBL and ELSA International with law schools in China and Dubai with favorable discounts for ELSA members. Academic articles provided by exxperts from Council of Europe and World Health Organisation.

So when we celebrate the anniversary, we do not only celebrate the association, but Vice President Marketing the amazing volunteer driving force and ELSA International will of the members, past and present, who were willing to work towards the way the achievements our association has had during such a short period of time.

With these words and this presentation, I hope you will enjoy the 30th Anniversary edition of Synergy. For ELSA members present and past, it is your dedication that makes this association possible.

Laurits Ketscher

This edition has pages 14 – 25 dedicated to the 30th anniversary, ranging from greetings, alumni, ELSA history and plans for the anniversary year of 2011. Pub7081 ELSA Ad v1_Layout 1 07/09/2010 09:39 Page 1

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Contents

Anniversary Celebrations 20th Anniversary of ELSA Lithuania, p.22

Council of Europe and EU The Roma Minority in Europe, p.34

A greeting from the Marraine Dear Members of ELSA, p.21

synergy magazine

Editor's Letter

Celebrating 30 Years of ELSA

Be an ELSA delegate

Delegation to INTA

ELSA at the Forum on Minority Issues

30th Anniversary 30 Years of Broadening Your Horizon

How ELSA got its Vision

Tabula Gratulatoria

From ALSA to ELSA - Happy 30th Anniversary

From the Marraine of ELSA - "Dear Members of ELSA"

The 20th Anniversary of ELSA Lithuania

20 years discovery of the "alumni" species

Events Calendar

Our Rights our Freedoms - Photo and Essay Competition Gallery

Living together in 21st Century Europe

Law - An essential tool to advance WHO's agenda

The Roma Minority in Europe

ELSA and CBL International - Law School in China or Dubai

Introducing ELSA Azerbaijan

STEP Summit Turkey 2010

STEP Employers 09/10

Valuable STEP experience in Serbia

ELSA Italy Law School - Protection of children against violence

ELSA Zagreb - Croatian style International Summer Law School

Students on a trip to Cuba

In Memoriam - Christian Mallet

ELSA International

True Love Stories Have No End

Celebrating 30 Years of ELSA On May 4th 1981, ELSA was founded by 5 poeple from 4 different countries in Vienna, this year we are celebrating 30 years anniversary.

Thirty years ago, a little small group of people created a great association, which Óscar A. Lema Bouza has heavily influenced generations of law President students throughout Europe. Numerous ELSA International leading legal experts and highly regarded humanitarian, political and economic professionals have dedicated their student lives to our association, allowing it to develop into a leading professional network of young European jurists. As the current generation of ELSA members, we can look back on a continuous success story, and lead with pride ELSA into its 30th year of existence. As a student organization run by law students for law students, ELSA, from its very beginning, has been highly dependent on the dedication, the passion, and the enthusiasm of its members, as their conviction has been the driving force behind its magnificent rise from a small group to the world’s largest law students’ association, promoting the idea of a unified legal education and cultural exchange long before “being European” became en vogue. Entering our fourth decade, we are not only seeking to celebrate ELSA as an association, but we also wish to take this opportunity to thank and remember those who shaped ELSA and thereby laid the grounds for our work. We – today’s generation of ELSA members on the local, national and international level – owe much to ELSA: we cannot, and luckily do not have to, imagine what law school would be like without the infinite opportunities to engage with legal

Laura Schmitt

professionals and law students from other countries ELSA is providing us with.

Director for Alumni

Becoming part of our Network makes an impact on people’s lives. Living through their ELSA careers our members acquire valuable experience, legal expertise and soft-skills. Tools they benefit from throughout their careers. Additionally, all of us owe some of our most precious memories to ELSA and many of us have met some of the most important people in our lives through this organization. We are proud to walk ELSA International

"Alumni should know, better than anyone, the importance and professionalism of ELSA’s activities and projects." in the footsteps of our predecessors and therefore sincerely hope to meet as many of you as possible throughout the upcoming year as many of them have remained ELSAnians at heart: True love stories truly have no ending. For this reason, we need to appeal and apply to ELSA’s alumni, who have the knowledge and the resources that they wished someone had when they were involved in ELSA. Alumni should know, better than anyone, the importance and professionalism of ELSA’s activities and projects, thus being able to get involved in a deeper and easier way than any external. Being supportive is something that ELSA’s cur-

ELSA International rent members will appreciate and, furthermore, will be positive, not only for ELSA, but also for the alumni giving it, as they will have the recognition they deserve, and it can always allow to keep on learning even after leaving their active ELSA life. The International Board 2010/2011 and its team of directors has dedicated itself to strengthening our alumni network and to bridge the gap between active ELSA members and alumni – a goal that we hope to achieve by further developing our relations with our official alumni association, the ELSA Lawyers’ Society (ELS), who we are glad to have had the opportunity to partner with for the past twenty years, with a special emphasis since 2009, when the agreement that made it the official alumni association was signed.

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A core objective of this initiative is to support ELS in winning new members and creating a more attractive network of support, social and academic activities to reward alumni for their ongoing involvement in our Network as well as providing opportunities for them to get involved in our work on local, national and international network. Thence momentarily the International Board and the Executive Committee of ELS are working on establishing a holistic alumni strategy throughout the ELSA Network. Over the past months we have managed to update the ELS directory and the corresponding mailing list. This not only facilitates the administration of ELS but also provides ELSA groups on National and Local level with the unique opportunity to search for their own alumni in order to be able to contact them but also to search for potential speakers, STEP employers etc. For ELS members it is a great tool to stay in touch with friends and former colleagues all over the world and to socialize with potential business partners or professionals sharing the same interests, which we would like to encourage all of you to make use of it. It is our intention to increase the cooperation between alumni and their ELSA Alma Mater, their former Local and National ELSA Groups, as it is there, close to home, where the ELSA experience is born, but also in the international level, as the true ELSA Experience is the one that brings internationality to the top. A lot of names and pictures are familiar to the ELSA members, but what they are looking for is more than that, there is a wish for personal interaction with those who have preceded them, and who they admire and respect. A professional Network of 30,000 law students in 220 universities from 42 different countries in Europe is not built in one day, but rather thirty years, and lest to lose all the time and effort that has been invested in it, the cooperation from those who have experienced what others are now living is crucial, as it allows a continuous synergy magazine

CRICOS 00026A

growth, which is halted every time there is a break in the transfer of information, slowing down the development and the progress of the organization.

"ELSA... and Europe might have changed over the last thirty years, but the people brought together by ELSA still seems very much alike." Working with our predecessors, we have been amazed by how they have preserved their ELSA spirit and impressed with your experience. ELSA and the legal sphere in Europe might have changed over the last thirty years, but the people brought together by ELSA still seem to be very much alike, striving to accomplish the same vision. Mainly – at least this is our belief - because what ELSA really does is connecting students and legal professionals from all over Europe and although people over the years might have come to ELSA for several reasons, something is true for all of our former, current and future members: ELSA you do, ELSA you become, ELSA you stay. Join the celebrations! For thirty years of success and law education in Europe! 7

Delegations

A unique international experience

Be an ELSA delegate

An important part of the institutional relations of ELSA is represented by the Paolo Amorosa VP S&C delegations sent to the working sessions ELSA International of international institutions. They are both a major opportunity for our members in terms of personal and professional growth and a means through which ELSA gains a role in the discussion on the development of international law and valuable and current academic knowledge to be used in our projects and exploits and maintains the prestigious special status it holds within renowned international organizations. Only two years ago though, the Network received a “wake up call”, as it was defined by Kamil Szymanski, VP S&C of ELSA International at the time. At the International Council Meeting in Budva, Montenegro, in March 2009 the International Board (IB) of ELSA presented an articulated and structured input paper on institutional relations. It describes a “descending development”, starting at the beginning of the new millennium and caused by the growing responsibilities of the IB. The first increasing wave in ELSA’s institutional relations was led by Presidents, but the related responsibilities had to be delegated to the VP S&C when other tasks, especially fundraising, took a primary role in the “job description” of the President of ELSA International. This arrangement worked very well in the beginning, but in the long term it caused a decrease in the amount of both delegations and “traditional” S&C events, such as study visits and international conferences. The problem, in the input paper, was correctly defined as a human resources one: since delegations to 8

international organizations involve a quite high amount of research and administrative work, to keep them on a proper level would require a support to the IB (f.i. the paper suggests the appointment of a Director for Institutional Relations), while the opposite solution of stopping delegations would have had the advantage of allowing to put more focus on other ELSA-products but it would endanger the special status because of lack of active contribution. Moreover, the IB reported a scarce interest from ELSA members in terms of number of applications to participate in delegations. The Network strongly reaffirmed its will to keep delegations as one of the activities ELSA is most proud of and to invest resources for them to return where they were at their zenit, both in terms of quantity of calls, institutions and branches of international law involved and quality of their academic outcome. The following IB, in the term 2009/10, developed and started to implement a strategy in that direction. The autumn Council Meeting in Sinaia, Romania, was where new regulations on delegations in the Institutional Relations Section of the Decision Book were unanimously approved. At the next one in Qawra, Malta, in March 2010, the VP S&C of ELSA International, Sofia Kallio, presented the idea of a supporting structure for delegations based on academic coordinators in charge of specific institutions and tasked not only with the coordination of the legal and practical preparations of the delegates but also as a pool of advisors

Delegations human rights related issues, therefore fostering the commitment for them ELSA has since an International Council decision taken in Rome 1998 and strengthened through the agreement in 2008 that made the Council of Europe the human rights partner of our association. Moreover, also if promotion within the Network can still be improved, also the problem of the lack of applications has been solved to a satisfactory point: 161 applications reached ELSA International in response to the 24 calls for delegations sent out in this term, with an average of 6.7 applications for call and a trend of constant growth. Delegations have been also correctly seen as an activity capable to keep close to the Association freshly Through ELSA you have the opporunity to go to delegations at various UN bodies and other institutions graduated members, this way having a positive impact on ELSAâ&#x20AC;&#x2122;s human resources. for ELSA International on the broader management of delegations. In addition to that, the current IB decided to appoint an Assistant The favourable wind for delegations has been also giving new for Delegations, for the VP S&C to delegate part of the coordination strength to the link between them and the ELSA activities diand the administrative work. rectly linked to the raising of awareness of legal issues and the production of academic outcome, a link that has provided already This whole new structure, once put in place in the beginning of the Network with important achievements in the past. As an examthe current term, allowed us to increase the number of delegaple, the ELSAâ&#x20AC;&#x2122;s Project on International Criminal Court National tions, especially exploiting more the consultative status within Implementation Legislation (PINIL), was a successful longstanding the United Nations Economic and Social Council, giving ELSA legal research group created after the Rome Statute entered into force the chance to participate directly also in the work of other UN in 2002 and resulting from ELSAâ&#x20AC;&#x2122;s involvement in the establishment organs. of the Court through representation in the Preparatory Commission for it and the Assembly of States Parties.

"For instance, ELSA this year has been and will be represented in various sessions, forums and working groups within the Human Rights Council, for the first time since its creation in 2006"

For instance, ELSA this year has been and will be represented in various sessions, forums and working groups within the Human Rights Council, for the first time since its creation in 2006 by the United Nations General Assembly. Indeed, one point to be underlined in respect of the recent expansion in delegations is the circumstance that it relates for the largest part to international bodies dealing with

synergy magazine

Indeed, at the recent session of the Commission on the Status of Women within the United Nations Economic and Social Council in New York, the ELSA representatives held a side event reporting the legal outcome of the IFP seminar that took place few days before in Hamburg on the theme of reproductive rights, having clear and strong connections with the work of the Commission. The chance to play a direct role in multilateral cooperation, being a delegate in an international organisation working session while still a student has an enormous value in terms of experiences, legal knowledge, international mindset, in short what ELSA is there for. And such a chance is easily at your reach if you are an ELSA member.

Delegation Report

ELSA - Source of Endless Possibilities

Delegation to INTA Report on the Delegation to the International Trademark Association's conference on National Marks and CRMs Enforcement of Future Harmony Conference.

Possibilities – the first word that comes to my mind when I am asked about the Réka Fertoi advantages of being an ELSA member. Delegate ELSA Hungary Possibilities to learn, experience, improve skills, make friends, travel, network – to grow in general. After four years of working for the association as active local and national officer, thus having already experienced a lot of what ELSA had to offer, I thought it was time for me to retire, to stay in the background, and finally concentrate strictly

on finishing my studies and starting my career soon. In relation though, I quickly realized that in fact I was in my last year of law school and, I still had no thesis topic. That was the time when I received the email of ELSA International about the extended deadline forof the applications for the delegation to the INTA Conference on National Marks and CTMs – Enforcement and Future Harmony – and I also had to come to the realization that I had never applied for any ELSA Delegations, even though I always had it in mind as one of the greatest possibilities that ELSA offersed to its members. Being a former marketer in- and outside of ELSA, I found the topic of National Marks and CTMs highly interesting, nevertheless I did not have a deep insight on this very specific field of Intellectual Property Law. On the other hand though, I was convinced that such a conference would provide me with countless new ideas, contacts and experiences, and a more thorough knowledge in this very specific field of law. I must say that my expectations were entirely fulfilled: INTA invited the most acknowledged professionals worldwide to hold lectures, and to examine the topic from numerous different perspectives. Procedural matters have been raised as well as practical and theoritical issues, and the personality and routine of the lecturers

Delegation Report

made the at times overwhelming and exhausting informationflow always entertaining. As one of the participants told me in the coffee break: ’This [was] really the top of the pops.’ The session that has caught my attention and inspired me the most went about cutting-edge legal issues in relation to infringing trademark use on the Internet, especially the lecture held by Mr. David H. Bernstein form Debevoise & Plimpton LLP from the United States. Mr. Bernstein spoke about the practical problems of adwords and trademark protection, and the liability issues in connection. As a result of his compelling presentation, a month later I fixed my thesis topic ’Adwords versus Trademark Protection – The Line between Advertisment and Trademark Infringement’ at the Department of Media Law at my university. That is what I call a fulfilled expectation.

"I can only recommend all ELSA members to live with the possibility and apply to the ELSA Delegations"

synergy magazine

For this entiriterly positive and fruitful experience I had as a delegate to the INTA Conference on National Marks and CTMs, I can only recommend all ELSA members to live with the possibility and apply to the ELSA Delegations, whichever suits your interest the most, and gain an adventure for a lifetime – because possibilities are what ELSA is all about.

Delegation Report

Looking through the human rights' lens

”ELSA at the Forum on Minority Issues” When you think about minorities, what comes to your mind? For instance, have you ever heard of the Oromo, the Mon or the Vhavenda people? Have you ever considered farmers or domestic workers a minority? If the answer is „no“, you should definietely read this article.

Ema Mendušic Škugor Delegate ELSA Zagreb

I was one of the lucky seven students chosen to represent ELSA International before the Human Rights Council in Geneva.

We attended the 3rd session of the Forum on Minority Issues. This particular session was dedicated to the right to effective participation of minorities in economic life. Upon arrival, we were given our accreditations and seated in the Human Rights Meeting Room of the Alliance of Civilizations. The room itself was quite impressive, but the thing that struck us the most was the overwhelming spirit of the United Nations.ELSA was just one of two thousand non governmental organizations that

participate in the Forum every year. All the delegations were in their formal clothes, but this did not mean just suits and ties. For the Tibetanese, it meant their long orange habits, for the Indian people it meant saris, and for the numerous peoples of Africa it meant a variety of colorful dresses and scarfs with very, very interesting hairstyles. The session was officially opened by our Madam Chair, prof. Gita Sen from India, emphasizing the importance of providing concrete recommendations to fight both direct and indirect discrimination and thanking everyone in advance for their contributions. Independent experts from all over the world were asked to come to the Forum, and present their experiences in the field of minority rights protection. Lawyers and academicians, human rights activists and minority members tried hard to make us see the world through their eyes. Their presentations were both innovative and illustrative in their attempts to portrait the average minority member in his struggle to achieve the respect of human rights. After these, the Forum entered a formal debate, led by our Madam Chair, where all speakers are allowed a certain timeframe for discussion. All the delegations, as well as the keynote speakers stressed the importance of concrete and achievable measures for the improvement of minority rights protection standards. The emphasis was economic participation, so numerous proposals were made in that field, taking into consideration both theory and examples of good practice. Cooperation with

ELSA Delegation with session Chair, Prof. Gita Sen from India 12

Delegation Report the private sector was particularly emphasized, in the hope that the problem of corruption and weak state power can be surpassed that way. This was particularly important in the light of farmers and domestic workers that are members of minorities groups living in developed countries. These groups are often marginalized and remain voiceless because they are not even considered minorities. However, their representatives in the Forum have tried very hard to prove that groups like these need better and bigger rights, and that they will fight for them every way they can. On the other hand, the current situation in world economy presented a big stepping stone for virtually any proposition made by the presentors. The global crisis and recession were repeatedly stressed as the biggest challenges in minority rights preservation today.

"The global crisis and recession were repeatedly stressed as the biggest challenges in minority rights preservation today." Ending discrimination against minorities has been given a concrete form in 1992 when the UN member states unanimously adopted the UN Declaration on the Rights of Persons belonging to National, Ethnic, Religious and Linguistic Minorities. This Declaration is the single most important document on minority protection in international law today. However, its introduction did not bring an end to an increasing number of minority rights violations. Minorities are often denied the right to use their features and even their name. They are, as a Kenyan minority member said, deprived of their dignity as a „zebra without stripes“. Safe drinking water, electricity and basic infrastructure are yet to be achieved for the majority of people living as minority members or members of indigeous groups. All ethnic groups should be equal in the fight for developement, but minorities are too often neglected in this field. Numerous human rights activists, as well as speakers empahsized that the main problem is the lack of political will to involve minorities in general politics. Even though the forum is a place primarily for inter-state dialogue, conflicts were inevitable. Throughtout the meeting, delegations expressed their discontent with several human rights breaches made by other governments. A few very touching moments occured, proving to the Forum that the lack of respect for differences can claim many casualties. It is impossible to stay indifferent when an Ethiopian human rights activist asks you to stay silent for just 10 seconds to honour all his friends and synergy magazine

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family that died fighting for minority rights. Experiences like this showed us that the strenght of the struggle for minority rights lie in average, everyday people that keep fighting for the rights of their fellow citizens. As our Madam Chair stated: „The Forum belongs to all of us, being black or brown, makes no difference.“ At the very end, mutual understanding and tolerance were stressed as the basis for future cooperation among governments and NGOs. Closing statements pointed out that the strenght and importance of this Forum lie in the fact that it is a place where people have an equal opportunity to state their opinions, and help minorities fight for the protection of their rights. The time I spent being an ELSA delegate has been one of the most rewarding experiences in my life. It was a privilege to represent 30,000 members of ELSA, especially when it comes to issues as important as these. Apart from meeting wonderful new people and spending time in foreign countries, you have the possibility to learn new things and practice your diplomatic language. Hopefully this article will help you in your future decision to join such a thrilling endeavour, being an ELSA delegate is a challenge no young lawyer should miss out on!

Anniversary

ELSA Anniversary year 2011

"30 Years of Broadening Your Horizon" In Order to prepare for the future we must know the past, and celebrate our achievements for the past 30 years.

ELSA was founded on the 4th of May of 1981, in Vienna by 5 law students from 4 Filipe Bismarck different countries. Almost thirty years after Secretary General we are 30.000 members in 42 countries in ELSA International Europe. Our Network is always evolving, but it’s crucial to know our past in order to prepare the future in the best way possible. That is the reason why ELSA International is so committed to celebrate our anniversary, it’s a unique opportunity to get in contact with our alumni, to evaluate the role of ELSA in our society, to understand all the new possibilities we offer to students and to promote our solid association to the general public. This anniversary story started in the LVII ICM when the Council decided to allocate a verb in the budget for a Director for Anniversary just a few moments before the new International Board was elected. The new International Board(IB) moved to the ELSA house in July, and with the help of the old board they brainstormed about the 30th anniversary of our beloved association. In August, they appointed Kim as Director for Anniversary and in September the other members of the Anniversary Team. All together we discussed how ELSA should celebrate thirty years of history, We all couldn’t wait to get the Anniversary of your beloved association started. After the stressful December we had many aims to be realized by 1.1. 2011. The Anniversary Year should start and end completely in the meaning of “ELSA- 30 years of broadening your

horizon” The Anniversary Team created a great agenda for the year. The ideas which Kim-Julia Zamljen we had were new, fresh, academic, social and Director for Anniversary ELSA International for sure full of ELSA Spirit. The main idea is to have an Anniversary related event in every month in as many countries as possible. In the last weeks the Marketing Team had the biggest tasks- create a website which shows the variety of the Anniversary Year and a video about the last 30 years of ELSA. The website is done and includes a lot of useful information. It is an overview about the History of ELSA, the events which are coming up, facts about ELSA you might not know and a gallery about all memories the most of us keep in mind. You can see it by yourself at www.elsa30anniversary.org. For the special Anniversary Video we picked ELSA people on the LVIII ICM in Alanya to describe ELSA in one word. Further we picked a person from every country and we all screamed our Vision. The video shows the human dignity and cultural diversity as well as the famous ELSA events like EMC², ICMs, International Seminars, Conferences and NCMs. For February we developed the idea of having the picture competition “ELSA Spirit caught on camera”. The picture competition is an international competition open for everybody which shows ELSA in our everyday life. Beyond good prizes the idea is to have a voting

Anniversary from the network on the pictures. All pictures will be uploaded on the Anniversary website and the network should give their vote on them. The 10 best pictures will get an exhibition on the LX ICM in Palermo in October 2011. In March we will have the first big Anniversary event. On the LIX ICM in Poznan we will celebrate the opening Anniversary event. We expect a lot of people of the last decades of ELSA, means previous IBs and Directors, ELS members, alumni from all the corners of Europe, current Boards, other NGO’s and of course the founding fathers. The Anniversary will be held on a whole day, we will have a birthday debate about: “ELSAremember the past, live the present and plan the future”. For this birthday debate we chose 3 alumni to talk about the past, 3 people from ELSA ELSA's 20th Anniversary 2001, was held in Vienna where ELSA was founded in 1981 and we expect the audience to plan the future of The final plenary of the International Council Meeting was held at the UN headquarters. the association. Further the Anniversary day will have the Opening Celebrations, where our most videos from the birthday party of the different countries and will create a distinguish members, alumni, and partners will introduce themselves special ELSA- Birthday- Movie which will be published on the website. and their points of view about our association. The day will end with a magnificent Gala Ball in the evening. In June we will launch an Essay Competition which should connect to the Anniversary. The best Essay will be published in the AnniApril will be a moth full of planning for the birthday of ELSA, on versary Publication as well as on the website. The focus now will be the 4th of May2011. We would like to send a call to all countries to on the Anniversary publication. We will find partners, sponsors, writers, film their own birthday celebration and to send it to us, so we can photographs and people who would like to help us creating an unforgetcreate a video out of all these celebrations. Further we are starting to table map of memories. plan the Anniversary Publication in which we will also need the help of the network sending us articles and pictures about their best anniversary The last Month of our term will set the focus on transition and the legevent. We also want to realize an IFP Seminar about the IFP topics in endary transition barbeque. Of course the BBQ will be in the meaning the last year and therefore we will start to find a host, participants, topics, of the Anniversary and we hope as many of you are coming to join the academic and social programme. celebration. Of course the well-known ECBC- ELSA Cake Bake Competition will During 2011 we hope to have support and a good cooperation with the start. So start preparing all the ingredients, and if you need start practicNetwork and our Alumni, to make sure the ELSA spirit will be more ing, to see if you cake will be the winner of this competition. alive than ever. The IB and the whole Anniversary Team are looking One of the most important months of this year will be May. In May forward to spend and unforgettable year together with you!!! we would like to celebrate the birthday with many people of the net-

"Of course the well-known ECBC-ELSA Cake Bake Competition will start... So start preparing all the ingredients."

So as you can see, our Anniversary year already started and our plans are being placed into action, but in order to fully celebrate this year as ELSA deserves, we need the help of all our members, so it’s up to you and your group to decide how the 30th Anniversary will be remembered.

work and we would like to invite all our local and national groups to celebrate the Anniversary on the 4th of May. We will collect the

We would to thank all those persons that are already working for this Anniversary, and we couldn’t end this article without saying: “LET THE CELEBRATIONS BEGIN!!! “

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Anniversary

"The Meeting I missed and other stories from 1992"

How ELSA got its Vision In July 1992 I got a post-card from Switzerland from all my ELSA friends saying “Johanna, we wish you could be here”. I was really sorry I did not go then- and now I know why - because ELSA history was made there and then.

Back in the 1980’s the International Board members of ELSA would often remain in office for more than one year. By the 1990’s, most people in the Board changed every year.

answer to the question – planning for what?”, Fredrik explained. “There was also an ideological streak to this. I wanted to understand why do we spend our (and our parents) hard earned money on ELSA. Working in ELSA should make a difference, but a difference to what?”, Fredrik continues.

The Board of 1990/1991 recognized the need for longer term planning. That year’s President, Patrick Oliver and his successor, Fredrik Lofthagen, set about the task. And with a little bit of help from AIESEC, they soon learned how to work with concepts such as SWOT analysis, key area activities, vision and mission. “The need for continuity and the role of planning in that context was well understood by everybody. But we also needed to have an

At the same time, the Board in Brussels project was launched. Patrick managed to secure two traineeships at Brussels law firms for IB members. Lenita Lindström, and Fredrik, were chosen. “We were doing normal legal work, but we were also allowed to work on ELSA matters and, most importantly, use photocopiers, telefaxes and telephones of the law firms”, explains Lenita.

Johanna Kauppinen Director for Anniversary ELS

VP S&C Bartek Raczkowski had a traineeship at the European Parliament for three months in 1992. The other IB members travelled to meetings when they could, VP Marketing Lisa Router, VP AA Thésa Prisse and Treasurer Mariëlle Matthee from nearby Netherlands and VP STEP Pierangelo Graziani from Italy. The Philosophy Statement The meeting where the Philosophy Statement was discussed for the first time was held in May 1992 in Brussels. Fredrik was the most familiar with the methodology of having a vision statement and presented the idea to the Board. “This was Lenitas first day in Brussels March 1992, and start of the "Board in Brussels" project. 16

Anniversary met with an awful lot of scepticism. This is very woolly stuff! Our aims are stated in the Statutes – why do we need this? - my fellow board members were saying. Especially Thésa was healthily sceptical. Like a good lawyer, she was attacking my proposal from all sides”, Fredrik remembered. Once the concept was approved, a brain storming session followed. Somewhere, in the heat of the discussion, Thésa blurted out “Well, if we are going to have this, it should be A Just World”. Fredrik grabbed his chance and supported the wording immediately. Others started to feel around the words and, “yes, that sounded good”.

"... the values of what ELSA were, the words “cultural diversity” – and even more importantly – “human dignity” stood out." Brainstorming continued and amongst all the suggestions on what the values of ELSA were, the words “cultural diversity” – and even more importantly – “human dignity” stood out. “That was a great intellectual process and a great team. I feel now that I was making something that was probably the most important process I have been part of in my life so far”, states Bartek. There it was: “A just world in which there is respect for human dignity and cultural diversity”.

“We had made a sort of a faux pas and the overhead slide was a copy of an earlier draft version, containing, indeed, spelling errors. That was a bit of a setback”, Fredrik admitted. The delegations were split as usual, some, like the already mentioned UK delegation consisting primarily of trainee solicitors, opposed it. ELSA Denmark first opposed it and then became ardent supporters. The German delegation was suspicious of possible ambitions of a global ELSA¸ keen on the academic side of ELSA, though supportive of the concept of a philosophy statement. Other supporters were the Maltese. They played a decisive role in brokering a compromise with ELSA Germany with the addition of the words “in a spirit of critical dialogue and scientific cooperation” to the text. The Philosophy Statement of ELSA was adopted finally on the 12th of October 1992 by the Council and the wording has remained the same ever since. I definitely did not miss this meeting, as I had the privilege of chairing it. »»»

Insight Inﬂuence Impact

ELSA International Summer Meeting followed in July 1992 in Les Diablerets, Switzerland; a big gathering of around 30 people with most of the international team and various active people present. “These were the movers and shakers of the association and the end result is really a team effort”, Fredrik pointed out. They discussed and debated the “purpose” and “means” parts of the Philosophy Statement for a whole week. ELSA’s Philosophy Statement was created by the people for the people. “People really felt strongly about the choice of words. It came not only from people’s minds, but also their hearts and that’s why I think it continues to appeal to those who are active in ELSA today.”, Fredrik concluded. The Council Meeting Autumn 1992 - oops! “It contains spelling errors and we cannot present this to our senior partners!”, was the first response to the Philosophy Statement offered by the UK delegation at the Meeting held in Namur, Belgium October 1992.

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Congratulations to ELSA on their 30th Anniversary

www.interelgroup.com Rue du Luxembourg 22-24, B-1000 Brussels, Belgium

Anniversary tive years in the activities of ELSA the association makes a true contribution towards – a just world. Where are they now? Patrick Oliver from England works in Brussels as Director, European Government Relations, Accenture. Fredrik Lofthagen from Sweden works in Brussels as CEO of Interel Group. Lenita Lindström from Finland works as Senior policy officer at the European Commission, Health and Consumers DG. Bartek Raczkowski founded a law firm Raczkowski i Wspólnicy in Warsaw. Mariëlle Matthee from the Netherlands lives and works in The Hague and partly in France. The IB of 1992, from left: Bartek Raczkowski VP S&C from Poland, Marielle Matthee Treasurer from the Netherlands, Thésa Prisse from the Netherlands works as SenLenita Lindström, SecGen from Finland, Fredrik Lofthagen President from Sweden, Pierangelo Graziani VP STEP from Italy, ior Commercial Advisor the Deal delivery deThesa Prisse from the Netherlands VP AA and Lisa Router (now: Mead) VP Marketing. Picture by Mercedes Camps partment of Shell Upstream International. Lisa Router (now Mead) from England now lives in Findhorn, ScotThe final words of the Philosophy Statement are “encouraging land and recently completed her first environmental film project. law students and young lawyers to act for the good of society.” Pierangelo Graziani lives and works in Rome. Johanna KaupLawyers are not necessarily the leaders of the society. But lawyers pinen from Finland works as Legal Counsel at Wärtsilä Ship are the facilitators and gate keepers of a society with equality and Power. Almost all are members of the ELSA Lawyers Society justice for all. By immersing young law students in their forma(ELS).

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LLM Crime and Litigation / LLM International Crime and Litigation* This LLM explores the key principles that ground the criminal justice system, its issues, approaches and topical debates, focused internationally or in the UK. The programme is relevant to recent graduates or legal professionals in the criminal justice field, human rights workers and policy agents. *LLM Crime and Litigation has been successfully running for three years; LLM International Crime and Litigation is subject to validation. We expect the first cohort of students to enrol September 2011 International Office Tel: +44 20 7815 6189 Fax: +44 20 7815 6199 Email: internat@lsbu.ac.uk www.lsbu.ac.uk/international Law Department website: www.lsbu.ac.uk/ahs/departments/law

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Anniversary

From ALSA to ELSA

"Happy 30th Anniversary!"

30 years has it been serving law students to provide them with unparalleled opMuhammed Reza Widodo portunities and amazing experiences President ALSA during their studies in law schools. For how it has been developing relentlessly to provide better and better opportunities for everyone in the network, ELSA has come a long way to be just how it is today. There are many activities and characteristics of ELSA that interest and inspire us in developing the opportunities for law students on the other side of the world, Asia. We from the Asian Law Students Association (ALSA) have been exchanging ideas and sharing good times with ELSA for almost nine years, and showed the interest to foster the relationship through a memorandum of understanding both associations agreed upon in 2010. I believe through the MoU accompanied by long fostered relation, both associations are striving to go higher searching for a new level for themselves. Attending International Council Meeting (ICM) in Alanya Turkey in October 2010 awarded me with great time and experiences. It was such an amazing experience, and there are plenty things for me to learn from ELSA. The people of ELSA was kind enough to host me with engaging hospitality, that will remain as a sublime souvenir. Having the chance to discuss with everyone and also the members of

international board flavoured the experience with amazing inspirations. I believe that ALSA and ELSA share mutual vision about the world since what both associations essentially is striving for isjustice to prevail and exist among the society, and we believe that law students and lawyers has a role to . We also believe that our opportunities are endless and borders are no longer barriers, that is why we both always find new opportunities for law students to benefit from. In the future, ALSA and ELSA can build a larger bridge that will connect Asia and Europe through a series of activities and cooperation. Each of the associations has its own character and signature which ensure how they both complete each other. ALSA has a vision for promoting an awareness of justice and ELSA has a vision for a just world, together we shall ensure the realization of the visions. There are many activities that are yet to be developed such as the opportunity to conduct ELSA-ALSA study visits, international conferences participation, international video conferences, ELSA-ALSA joint STEP, international seminars participation, moot court competitions, and many more. In the end, with the new age ELSA is now entering, we wish that it will have great times to come and promising future ahead, and I hope that ELSA will never stop to amaze its members. On behalf of the Asian Law Students Association, Happy Anniversary dear ELSA!

Anniversary

Anniversary Greeting from the Marraine of ELSA

"Dear members of ELSA"

Dear members of ELSA, This year, the European Law Students Maud De Boer-Buquicchio Deputy Secretary General of Council Association, ELSA, celebrates its 30th anof Europe, Marraine of ELSA niversary. The Council of Europe has been developing a regular co-operation with your Association since March 2008 when the first ‘Human Rights Partnership Agreement’ was signed. Since then, members of your Association have been acquainted with the Council of Europe’s work in legal and human rights fields. Our activities have been brought closer to legal students and young lawyers across Europe. Moreover, since 1 January 2010, members of ELSA have been doing their traineeships in our Organisation and my colleagues highly appreciate their qualifications and commitment. We consider that ELSA, with its pan-European structure assembling more than 220 faculties and 30 000 legal students, plays a decisive role in carrying the messages and vision of the Council of Europe forward. Today's law students are not only tomorrow’s law professionals but also European citizens who are already shaping the future of our continent.

"Today's law students are not only tomorrow’s law professionals but also European citizens who are already shaping the future of our continent. " May ELSA continue to spread this message, motivating students, universities and young professionals to become the advocates of a continent built on values. I congratulate ELSA on its achievements and wish your Association successful years and decades ahead.

Law students are particularly well-equipped to stand for human rights and the rule of law. These are values that must inspire your future professional life, regardless of your specialisation. ELSA International at the Council of Europe with ELSA's Marraine Maud De Boer-Buquicchio Left to right: Ezgi Kilinc, Laurits Ketscher, Oscar Lema Bouza, Maud De Boer-Buquicchio, Paolo Amorosa, Elif Yildirim

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Anniversary

Anniversary celebrations of a national group

The 20 th Anniversary of ELSA Lithuania The largest law students' association in Lithuania - ELSA Lithuania celebrated on 11th of December 2010 its 20th Anniversary.

Lithuanian Law Students’ Union was founded in 1990s. It was the first law stuGreta Juknaite Director Public Relations dents’ organization in Lithuania, focused ELSA Lithuania on a professional basis and consolidated activities of future lawyers. In 1997 this Union became the part of European Law Students’ net and modified its name into ELSA Lithuania. The change was not only official - most of the structure of the organization, activities and way of working changed as well to follow ELSA’s international standards. Today ELSA Lithuania have 3 local groups present in different universities.

The birthday of ELSA Lithuania was an enjoyable feast not only for the members of the organization but for the guests as well. Everyone feels it inwardly – seems like life has stopped for a while, when the past meets the present and come together to the future. This anniversary is very special and important for ELSA Lithuania because it’s an impressive 20th anniversary. 20 years have passed from the foundation of ELSA Lithuania. Time flew away in a delightful flash leaving significant traces of great achievements in the association’s history. Many wellknown and honorable people of academic society, famous lawyers and judges have an inscription of ELSA Lithuania in their biographies, indicating that they worked actively in behalf of organization while young and creative. The 11th of December was a unique opportunity to bring together all the generations from 20 years of ELSA activity, supporters, sponsors, friends, law society, and remember all the achievements, what has been done, communicate and just enjoy each other’s company. The 20th anniversary consolidates the generations The birthday feast of ELSA Lithuania is a long tradition. Each year ELSA Lithuania’s members remember important achievements, honor mem-

Cake made for the 20th Anniversary celebrations of ELSA Lithuania.

Anniversary sity with practical experience. It is gained through participation in many different activities provided by ELSA. The joined theoretical and practical experience prepares members for the entrance to the professional life. What is more, the association pays great attention in the promotion of tolerance and development of international contacts. Following the deep ELSA traditions, members adopt its expectations carrying out the mission to the overall goal of the association. bers that achieved the most in their respective fields and share never-ending ELSA spirit in a special gala evening. It was great to see how all the members participated in organizing this special event. Thus, the 20th anniversary was full of joy, surprises, pleasant memories and the ELSA spirit, which you could feel everywhere. Many guests arrived to the formal part of the celebration that took place in Vilnius University Theatre Hall. During it you could hear people discussing their memories of the first steps of the creation of the association. Even though members had different reasons to join the association, all of them gained valuable experience and benefited greatly from it. ELSA is a lifestyle For the majority of ELSA members, participating in ELSA activities has developed into a lifestyle, rather than a mere extracurricular activity. The thought of ELSA never leaves our minds. This is what we can call ELSA spirit, what kept us going for 20 years and will definitely resume in the far future. One of the most influential ELSA Lithuania Alumni members has frequently referred to the great possibilities and experience that ELSA offers to its members. ELSA Lithuania: 20 years together Time has tested the priorities we take as an association, while saving what is truly important – values. As one of the ELSA Lithuania’s partners has stated: “ELSA Lithuania plays an important role in Lithuania’s independent legal development and future professionals’ training”. Indeed the goals reached by previous members have been the inspiration to the newly joined members not to be afraid to reach further, advance and learn. Today ELSA Lithuania joins together a lot of enthusiastic and promising law students. The association helps to support the theoretical knowledge that they have gained in the univer-

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Freedom of expression and collective responsibility are the fundamental basis of a promising and prosperous organization. To protect the fundamental values while accepting the challenges and changes that await for the members in this modern age is one of the major priorities of the association. ELSA is the home for enthusiastic and open-minded individuals that are united by ambition, which is reflected in the vision of the association: “A just world in which there is respect for human dignity and cultural diversity”

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Anniversary

ELSA Lawyers Society

20 years discovery of the „alumni“ species It is 20 years ago now, that the first “alumni” were spotted in spring 1991 in Vienna. Soon they spread all over Europe, individual objects shall also live overseas, for example in the United States or in Asia.

Historians and scientist agree, that alumni evolve from the species “ELSA member”. Robert Tremel President Though alumni are the species discovered ELS later, the individual alumni is usually older than the ordinary ELSA member. Alumni are usually between 25 and 60 years old, even though younger alumni exist. The term “alumni” originates from the Latin word “alumnus” and means a person who is nourished. Originally this term was used in the Ancient Rome for veteran and handicapped soldiers, who were nourished by the city. From the 14th century the term alumnus meant a poor, talented student, who received free education, food and shelter from his university – the alma mater (Latin: “nourishing mother”). In the course of time the expression changed its meaning and describes nowadays a former student, who supports the university he attended or the association he was a member of. An alumnus of ELSA is a very social animal. He meets and stays in contact with other member of his species and builds a community with them. Swedish authorities registered this community and it is named “ELS” – The ELSA Lawyers Society. The members of this community cooperate with each other, use their network and live their friendship. On the other hand they feel responsible for ELSA and support them. Often they do not have the time to care as much as they want, but are happy about every news and request coming from ELSA. It might sound strange, but time is a challenge for an alumni association: When ELS was founded, the number of potential members was limited, basically everyone knew each other or has at least heard of every member. The newsletters at that time 24

contain a lot of “inside” jokes and information. The alumnus was usually only between 25 and 35 years old, his student days were only a few years ago. Our oldest members were ELSA members 30 years ago. We face the situation nowadays, that at a meeting you can hear alumni talking about the remaining time it takes them to graduate, whereas on the table next to them alumni discuss, how long it takes their children until their graduation. On the one table it is discussed what it takes to become partner of a law firm, on the table next to them what it takes to retire from the same position. Alumni are a very inhomogeneous group – in fact the only thing the have in common is the subject they studied and that they were members of ELSA. Different careers were made. Among them you find a minister, a national general auditor, a national officer for data protection, lawyers in private practice, in-house counsels, professors, diplomats, lobbyists, EU officials, civil servants, business people, but also people who work for NGOs for example in Afghanistan or Sudan. What alumni have in common for sure, is that they dedicated a part of their life, enthusiasm and ambition in the association ELSA when they were “juniors”. An anniversary and a celebration of the jubilee is special, as it opens the window to the alumni’s own past for a few moments. It is obvious, that if we celebrate an anniversary of ELSA, we do not only celebrate the achievements of an association but also the commitment and relations of thousands of law students, active and former members of ELSA. You simply can’t celebrate an association without celebrating its past. In that sense I wish all ELSA members, but also all alumni: Happy Birthday!

... and all the best for our common future! ELSA is the common ground of all members of The ELSA Lawyers Society (ELS). We have once been active in ELSA and we are very happy to see the ongoing success of ELSA, spreading her vision and global values all over Europe. ELS was founded in 1991, on the occasion of the 10th Anniversary of ELSA. We congratulate ELSA on her 30th Anniversary. We also look back on 20 years of networking amongst lawyers and supporting the ELSA network as the international alumni association – in many diﬀerent ways:

alumni as lecturers, trainers, etc. for your events

ELS grants for your ELSA projects ELS scholarships for your participation in ICMs

contacts to the legal world and legal professionals

sharing ELS membership fees with ELSA International connecting with old and new friends sharing the same ELSA spirit If your ELSA career is about to end in the near future, it’s time to join ELS! ELS members can participate in alumni events organised by ELS and local ELSA Alumni associations as well as in ELSA meetings and activities throughout the year. Stay in touch with both alumni and active ELSAnians! We count on your contribution to support the idea of ELSA also in the future!

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Our Rights Our Freedoms

ELSA and the Council of Europe

Photo and Essay Competition - Gallery

ELSA International and Council of Europe held a Photo and Essay competition in 2010 marking 60 years with the European Convention on Human Rights. The competition intended to bring the Council of Europe’s flagship Convention closer to the public. Undoubtedly, its anniversary is a unique opportunity to enhance human rights education and awareness within the pan-European community of law students and young lawyers. Participants were invited to submit an essay, assessing the achievements and shortcomings of the Strasbourg legal system, or a photo report showing the impact of the European Convension on Human Rights on European citizens’ day-to-day lives. Around 100 essays and 30 picture galleries were submitted. You can read more at: www.ourrightsourfreedoms.org

WINNERS OF THE ESSAY COMPETITION 1st Prize – 3,000 €– is awarded to Ms Suteu Silvia in Geneva, Switzerland The jury found that this essay had a clear focus and structure and was presented with a fluent and convincing argumentation, while striking a good balance between theory and practice. It adopted an original perspective and at the same time remained topical. Finally, it was evidently extensively researched and the reference list was meticulously prepared. All in all a pleasure for the correctors to read. 2nd Prize – 2,000 € - is awarded to Ms Wauters Eveline from The United Kingdom The jury was impressed by a good introduction and generally fluent presentation. There was an interesting historical perspective and well chosen examples to illustrate where the limits of freedom of expression might be drawn. 3rd Prize – 1,000 € - is awarded to Mr. Thuillier Mark, from Ireland The jury considered the main ideas were addressed in a very interesting manner although perhaps there was a slight tendency to rely too heavily on quotations, and the structure somewhat lacked balance. Overall, the candidate dealt most effectively and creatively with the challenges posed by the internet. WINNERS OF THE PHOTO COMPETITION On the following page, you can see a sample of the winning pictures from the photo competition, to see the full gallery go to: http://www.ourrightsourfreedoms.org/gallery.php

The 6 winners at the awards ceremony at the Council of Europe in Strassbourg: Left to right: Mark Thuillier, Anne-Cécile Leyvraz, Silvia Suteu, Maud De-Boer Buquicchio Evelin Wauters, Ema Mendusic Skugor(ELSA Zagreb), Catalin Petrescu 28

1st Prize - 5,000 € ELSA Zagreb 'A world we believe in'

2nd Prize - 3,000 € ELSA Geneva, Anne-Cécile Leyvraz 'Family Portraits'

3rd Prize - 2,000 € ELSA Bucharest, Catalin Petrescu - Untitled

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Secretary General - Council of Europe

The development and challenges of

Living together in 21st century Europe

The international agenda in the last several months has been dominated by the ThorbjĂ¸rn Jagland Secretary General economic issues. The world has been goCouncil of Europe ing through the most serious economic recession in many years. It is natural that for both the politicians and the ordinary people the most important imperative has become to protect the economic conditions of the life of the society - jobs, wages, pensions, cost of living. Politics becomes more pragmatic. Yet, as the world and Europe are now recovering from the crisis, we should remind ourselves of the key lesson of the past 60 years: that the sustainability of the civilizational progress can only be based on upholding the universal values of the human civilization â&#x20AC;&#x201C; the respect for human rights and fundamental freedoms. At the global level, the Universal Declaration of Human Rights, proclaimed by the General Assembly of the United Nations in 1948, entails essentially political commitments, whereas the Eu-

"We can be proud of the achievements: the concept of a liberal society rooted in democracy with relative peace and prosperity has been developed and broadened to ever more countries on the European continent." 30

ropean Convention on Human Rights is a legally-binding charter with a specific Court judging on human rights violations. The recent 60th anniversary of the European Convention served as an opportunity to send an important signal â&#x20AC;&#x201C; the Convention has become unalienable part and parcel of the European identity. Its provisions are the compass for the progress of the European project. The Strasbourg hemicycle is the only pan-European forum where the 27 European Union countries are on an equal footing with 20 other European nation states such as Russia, Turkey, and states in the Balkans, and the Caucasus. We can be proud of the achievements: the concept of a liberal society rooted in democracy with relative peace and prosperity has been developed and broadened to ever more countries on the European continent. The Council of Europe continues to pursue normative standardsetting and monitoring of legislation in our 47 Member States, in order to prevent violations happening. Our mission is the protection of fundamental rights, tolerance, intercultural dialogue, social cohesion, respect for minorities, prevention of extremism, racism and torture, combined with intergovernmental co-operation against crime, terrorism, corruption, money laundering, and trafficking of human beings. Today, the main threats to the democratic acquis of Europe originate within States rather than between them. Many Council of Europe

Secretary General - Council of Europe member states have seen a deterioration of social ties, growing religious radicalism and inter-ethnic tensions leading too often to violence. Certain groups such as the Roma are excluded from society. Distrust, doubt and fear have increased divisions between different communities and are entering our hearts and minds. We must have confidence in our democratic core values – the values for which we have fought. Europe is a continent of minorities. The important question now is how are we going to “live together”? A group of nine eminent persons, chaired by former German Minister of Foreign Affairs, Joschka Fischer, is helping the Council of Europe, under the current Turkish Chairmanship, to advise on how we can best address the new challenges and safeguard our core values of democracy, human rights and the rule of law. The purpose of the Group is fundamentally to look deeper beneath the surface of current political developments in Europe and examine their root causes. I am persuaded that it is

necessary to take a closer look at what is happening to our societies, analyse the anxieties of the people, their needs, and their preoccupations. Without understanding the changes occurring in our societies, without listening attentively to the expectations of European citizens, no organisation will be able to provide relevant answers and be judged as useful in times of rapid change. The pace with which European societies are changing will not recede. The Council of Europe will be busy for the years ahead. Its role as the guardian of the common values is as important as ever.

"Today, the main threats to the democratic acquis of Europe originate within States rather than between them. Many Council of Europe member states have seen a deterioration of social ties, growing religious radicalism and inter-ethnic tensions leading too often to violence"

Hamburg is germany’s gateway to tHe world – bucerius could be yours.

bucerius law school’s internationally renowned faculty, innovative focus on transnational and comparative business law and high academic standards have led it to become one of germany’s top law schools. it attracts students from all over the world and is embedded in a strong network of international law firms, companies and organizations.

Bucerius summer Program in international Business law • intensive four-week course for international and german law students, graduates and practitioners • application deadline: april 30, 2011 Bucerius/wHu master of law and Business – JoacHim Herz Program • intensive one-year program for law and business graduates with work experience • application deadline: march 31, 2011

Bucerius law school, Jungiusstrasse 6, 20355 Hamburg, www.law-school.de

synergy magazine

IFP - Health Law

Law:

An essential tool to advance WHO's agenda This article is kindly wtirren by WHO as part of ELSA's International Focus Programme, and discusses the possibilities of further cooperation

Authors: Helena Nygren-Krug, Health and Human Rights Advisor ,WHO Nyree Celebi Barkmeijer, Technical Officer (Human Rights), WHO

The rule of law refers to a principle of governance in which all Consultant, WHO persons, institutions and entiPascal Le Quéré, ties, public and private, includEditor, Health Law, WHO ing the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. Specifically, health law refers to a statute, ordinance or code that prescribes sanitary standards and regulations for the purpose of promoting and preserving the community's health. Law is increasingly recognized and used as a tool for improving the health of populations at global, national, and sub-national levels. Sarah Galbraith-Emami,

The importance of health law is reflected in many national Constitutions and in the World Health Organization's Constitution. Under article 63 of the latter each Member State is required to "communicate promptly to the Organization important laws, regulations… pertaining to health which have been published in the State concerned." Under this mandate, WHO has operated a programme of technical cooperation and information transfer for more than 60 years. Since 1948 WHO has been collecting and disseminating data in two databases on health law, called the International Digest of Health Legislation (IDHL) and the Recueil international de Législation sanitaire (R.I.L.S.), in printed form from 1948 to 1999, in electronic form since 2000 at http://idhlrils.who.int/index.cfm. These databases cover national, sub-national and international legislation, the main sources being official gazettes and governmental sites. They encompass topics as diverse as primary health care planning, health 1

insurance, the regulation of the health professions, HIV/AIDS, organ transplantation, stem cell research, gene therapy, the care of the disabled, mental health, tobacco control, patients' rights, clinical trials, occupational diseases, environmental protection, etc. In order to respond effectively to contemporary public health risks, governments need functioning public health systems that are supported by a strong legal framework. Therefore, it is essential for countries to design, adopt, and implement effective and comprehensive public health laws. These laws should both promote and protect the public’s health, guided by internationally recognized human rights norms and principles. The World Health Organization (WHO) and the International Development Law Organization (IDLO), in collaboration with the O’Neill Institute for National and Global Health Law at Georgetown University, have initiated collaboration aimed at enhancing the role of law as a tool for improving population health. Specifically, the development of a public health law manual has been identified as a tool to assist governments to modernize and implement their public health laws as many counties are currently engaged in public health law reform processes. The manual is currently being developed through a broad and participatory process and is expected to be disseminated and implemented next year. Besides supporting countries at the national level in the development of appropriate legislation, WHO also has developed international legal instruments. Article 19 of the WHO Constitution authorizes the Organization to develop and adopt conventions or agreements.

(S/2004/616) Report of the United Nations Secretary-General on the Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies. Black's Law Dictionary, 8th ed. 2004

IFP - Health Law

The WHO Framework Convention on Tobacco Control is the first treaty negotiated under this mandate; it is an international legal instrument designed to circumscribe the global spread of tobacco and tobacco products through both demand reduction strategies and supply issues; provisions include the issues of: advertising, promotion and sponsorship; illicit trade; liability; packaging and labeling; training and education; and research and surveillance. It was adopted by the World Health Assembly on 21 May 2003 and entered into force on 27 February 2005; as of January 2010 it had 172 Parties. Article 21 of the WHO Constitution grants the Health Assembly the authority to adopt regulations concerning procedures designed to prevent international disease spread as well as nomenclatures and certain standards for diagnostic procedures, product safety and advertising and labeling of biological, pharmaceutical and similar products moving in international commerce ; In accordance with article 21, WHO adopted in 1951, the International Sanitary Regulations, the product of the nineteenth-century international sanitary conferences and conventions. In 1969, these were renamed as the International Health Regulations (IHR), and modified slightly in 1973 and 1981. The IHR are a legally-binding set of regulations adopted under the auspices of WHO as an international organization, and are one of the earliest multilateral regulatory mechanisms strictly focusing on global surveillance for communicable diseases. The original IHR were a set of regulations for the control and sharing of epidemiological information on the transboundary spread of communicable diseases such as cholera, plague, and yellow fever. The revised International Health Regulations were adopted in 2005 and have entered into force on 15 June 2007. This legally-binding instrument significantly contributes to global public health security by providing a new framework for the coordination of the management of events that may constitute a public health emergency of international concern, and will improve the capacity of all countries to detect, assess, notify and respond to public health risks . The international response to the H1N1 pandemic was managed under the International Health Regulations (2005).

such as communicable and non-communicable disease, intellectual property, child health, mental health and road safety. Accordingly, WHO has established a cross-cluster Health Law Working Group which meets on a regular basis to further explore how public health can be advanced through law and to strengthen the role of WHO in this regard.

"In this context, WHO and ELSA are exploring possibilities to collaborate and to support each other" ELSA's International Focus Programme (IFP) contributes to legal education and introduces an opportunity to work on a specific topic which is selected by the International Council Meeting of all National Groups of ELSA. During the period 2010-2013, the IFP focuses on Health Law. In this context, WHO and ELSA are exploring possibilities to collaborate and to support each other in areas such as providing traineeship positions for ELSA members at the WHO, an essay competition on health law and study visits to WHO.

Work in the area of health law adds value to WHOâ&#x20AC;&#x2122;s public health agenda by providing a robust framework for accountability in the field of public health. The overall objectives of WHO's work on health law are to assist countries in the development of appropriate legislation adapted to their needs; develop tools for technical cooperation such as legislative guidelines and ensure global transfer of information on health legislation. Currently there are a number of departments within WHO which carry out law-related work in areas http://www.who.int/governance/eb/who_constitution_en.pdf, accessed 22 January 2011. http://www.who.int/fctc/about/en/, accessed 22 January 2011. http://www.who.int/governance/eb/who_constitution_en.pdf, accessed 22 January 2011. 6 http://www.who.int/trade/glossary/story060/en/index.html, accessed 22 January 2011. 7 http://www.who.int/topics/international_health_regulations/en/, accessed 22 January 2011. 3

synergy magazine

Roma Minority

Council of Europe action for social inclusion and respect of human rights

The Roma Minority in Europe

Henry Scicluna Advisor to the Support Team to the

The Roma – Council of Europe work up to the year 2000

Special Representative of the Secretary General for ROMA Issues

The Council of Europe’s concern over the marginalisation of the Roma in its member states arose out of its specific vocation of defending human rights and the dignity of the individual in all areas of life. The Parliamentary Assembly was the first Council of Europe body to react to the discrimination to which the Roma were subjected. Recommendation 563 on the situation of Gypsies and Travellers in Europe (September, 1969) is the first text ever adopted by a European institution on the situation of the Roma.

The political changes in Europe in the early nineties marked a turning point in the work of the Council of Europe – and other European institutions - on the marginalisation of the Roma. Western Europe discovered that Central and Eastern Europe harboured, within its frontiers, millions of Roma whose living conditions, in many cases, were worse than those of a third-world slum. It also discovered that, within its own borders, the discrimination of this population was equally prevalent. Once again the Parliamentary Assembly was the first to react. It called for the creation of a Specialist Group on Roma, Gypsies and Travellers, which was subsequently set up in 1995 .

Roma Neighborhood in Ferentari, Bucharest. Thomas Hammarberg, Commissioner for Human Rights, discusses living conditions with resident. 34

Meanwhile, the then Secretary General Mme Catherine Balmier sensed the importance not only of stepping up work on Roma issues but particularly of having a coordinated approach, and for this purpose appointed a Coordinator to ensure a common orientation within the Organization and with other European institutions. With the enlargement of the Council of Europe, including new member states from Central and Eastern Europe, these monitoring bodies increasingly reported on the conditions of the Roma in the countries visited and issued recommendations. Acceleration of activities from 2000 onwards The Committee of Experts on Roma and Travelers (MG-S-ROM) has, since 2000, adopted recommendations, subsequently adopted by the Committee of

Roma Minority Ministers and addressed to member states, covering education, employment, housing, health care, movement and encampment of Travelers and a general recommendation on policies for Roma and Travelers. These recommendations serve as reference documents for developing a model strategy at the national level. It monitors their implementation through national reporting and promotes the development of national strategies on Roma. In the educational field, a project on the education of Roma children in Europe was started in 2002. The aim was to implement the 2000 Recommendation on the education of the Roma in Europe by supporting and guiding the integration of Roma communities into the mainstream educational system. The Parliamentary Assembly has, throughout the years, maintained pressure for change in numerous recommendations and resolutions and the Council of Europe Commissioner for Human Rights regularly intervenes on Roma issues and has made numerous declarations condemning the situation in various member states. The Council of Europe realised the importance of involving the Roma community in its work. Since 2001 it assisted in setting up a European

"The Council of Europe realised the importance of involving the Roma community in its work." Forum which would be representative of all the Roma organisations in the Council of Europe member states and give the Roma a voice at the European level. The European Roma and Travellers Forum (ERTF) came into existence in 2004 and that same year the Council of Europe signed a Partnership Agreement with it. The ERTF today encompasses delegations from 33 member states. International Coordination – cooperation with the European Commission Coordination became increasingly evident not only within the Organisation but also with other international institutions which were involved in Roma issues. An Informal Contact Group of International Organisations/Institutions on Roma, Sinti and Travellers was set up in 2000., including representa-

synergy magazine

tives of the Council of Europe, the European Commission, the OSCE/ODIHR, the UNHCR, the UNDP the World Bank and major NGOs in order to exchange information, develop common orientations and ensure that Roma issues remain on the political agenda. The Council of Europe Roma and Travellers Division implemented between 2000 and 2007, a joint project with the European Commission “Equal rights and Treatment for Roma in South-East Europe”. The project aimed at developing national strategies for Roma, participative monitoring and evaluation mechanisms, as well as combating prejudices, in Albania, Bosnia and Herzegovina, Montenegro; Serbia, and “the Former Yugoslav Republic of Macedonia”. A similar project on Moldova and the Ukraine was carried out in 2008-2009. In 2006 the Council of Europe launched, jointly with the European Commission, an awareness - raising campaign against prejudices and stereotypes called DOSTA! (meaning “enough”). The Council of Europe took over the Dosta! campaign on its own and has now extended it to more countries. Public Awareness – seeking redress The political changes in the early nineties also created a public awareness of this deplorable situation. The Roma themselves became conscious that it was not fate but society which was responsible for their misery. They could act and the international legal instruments were in place. The European Court of Human Rights (ECHR) has been dealing with cases brought by Roma individuals against member states since the midnineties. So far it has given judgment in 21 cases and 12 cases are pending. The violations found by the Court concern the authorities’ failure to protect Roma from both the police and civilians, to investigate racial motives of attacks and to provide redress, segregated schooling of Roma children, attacks on Roma settlements and destruction of property, and prohibition from standing for elections. The European Social Charter has likewise been an agent of change. Under the collective complaints procedure, the European Committee on Social Rights has so far found violations in 8 cases concerning Roma, mostly on discrimination in housing, evictions, lack of access to health services, and measures concerning migrants. »»»

Roma Minority

Priority actions for the Council of Europe itself The High-Level Meeting agreed not only on priorities for member state action but also on activities that can be implemented in the short term. As a priority, it chose two: - The training of Roma mediators in different fields –school, health, employment; - Develop an easily accessible database of the collection, exchange and dissemination of good practices and policies regarding Roma in the member states.

Roma neighborhood in Ferentari, Bucharest

The 2010 Strasbourg Declaration – innovation and continuity 2010 was a landmark in the development of Council of Europe activities on Roma. Following the expulsion from France of thousands of Romanian Roma, the Secretary General of the Council of Europe decided to call a High-Level Meeting on Roma in Strasbourg in October, 2010. It became obvious that it was poverty, discrimination and marginalisation that was pushing thousands of Roma to leave their country and settle elsewhere. It became urgent for member states to recognise this fact and to redouble their efforts to address the many problems these communities face. In a Declaration adopted on 20 October, 2010, the Council of Europe member states recognised that “the primary responsibility for promoting inclusion lies with the member states of which Roma are nationals or long-term legal residents”. They state, however, that “recent developments concerning Roma in Europe have demonstrated that some of the challenges we face have cross-border implications and therefore require a pan-European response”. The member states agreed on a list of priorities for more consistent efforts, ranging from non-discrimination, women’s and children’s rights, empowerment, and access to justice to social inclusion through education, employment, housing and health care. Transversality for better coordination For the Council of Europe to better contribute to the implementation of these priorities, the Secretary General decided to re-organise resources within the Organisation’s Secretariat in a transversal manner, ensuring better coordination both within the Organisation and with national and regional authorities and international organisations, pooling of expertise in the various sectors and more effective use of human and financial resources.

The setting up of a European Training Programme for Roma mediators is another good example of adaptation and improvement of current practices and activities. Mediators are individuals trained to assist in relations between the Roma community and government entities such as educational, health and employment services. The Training Programme is scheduled to start in early 2011 and will initially cover some 300-350 mediators. Work Programme for 2011 These are the two projects agreed to by the High Level Meeting and will be the top priority for the 2011 work programme. On that occasion the Secretary General made a number of proposals for action by national governments, local and regional authorities. Most of these proposals, based on good practices in education, will be considered within the context of the Training Programme for Mediators. Other activities which will be pursued by the Council of Europe are: - Trainings for lawyers representing Roma and Travellers seeking domestic remedies for alleged violations of the European Convention on Human Rights and the European Social Charter; - Consolidation and dissemination of the DOSTA! awareness campaign in member states. Working with others The Council of Europe cannot, and will not, work in isolation. Work has to be done in cooperation and coordination with governments, international organisations, non-governmental organisations and the Roma population itself. The Strasbourg Declaration made this clear when it set down as an important priority the “effective cooperation regarding Roma, at the pan-European level between member states, regions, local authorities and European organisations”, and especially with the European Union and the OSCE. THE FULL VERSION OF THE ARTICLE CAN BE FOUND AT: http://www.elsa.org/synergy/otherpublications/articles.html

China and Dubai Law School

ELSA - CBL International

Law School in China or Dubai

For the second consecutive year ELSA and CBL International are joining forces Pablo Carvallo Regional Manager for providing ELSA members with a true CBL-International unforgettable international experience, where participants will step out of the classroom to experience the world. Last summer, ELSA had the chance to experience, Chinese language and culture, climb the Great Wall and participate in courses with very interesting topics such as Start up in China, WTO law and Chinese Dispute settlement. Most importantly they had the opportunity to make new friends from all over the world. China is the second largest economy in the world making it the most important country in the Asia Pacific Region, “I have to say that China is definitely the place to be in the next 10 year” says Valentina Pavel, ESLA Romania (synergy No. 48, p 43), former participant. This year’s programme will take place from July 31st to August 20th 2011.

Together with CBL International, ELSA is capable of offering the best opportunities for legal international education around the world. If you have an idea or an initiative you would like to come forward with, we invite you to contact us (elsa@cbl-international. com). Please log on to www.cbl-international.com/elsa for more information on prices, dates and special discounts.

Due to the great success of the ELSA – CBL International China Law School last summer, Dubai has been added to this year’s list of destinations as a new twist in international education. Being the single most actively commercial city in the Middle East, Dubai represents the gate to the region for many western companies who wish to serve these markets. A conglomerate of the most important companies and firms on the planet have set up base in this city famous for it extravagant building and its giant capitals. In 2011, ELSA members will not only have the opportunity to repeat last years experience but also, will have the chance to study Islamic Finance, Start up in the UAE and Islamic Law. During their stay in Dubai, ELSA members will enjoy a day trip to the UAE Capital, Abu Dhabi, as well as an optional desert tour. ELSA – CBL International Dubai Law School takes place from December 27th 2011 to January 8th 2012. During the winter months, Dubai’s temperatures are around the 20’s making it a perfect winter getaway. synergy magazine

Expansion

New National Group

"Introducing ELSA Azerbaijan"

A group of law students from various universities were inspired and really thrilled Kamal Jafarov about ELSAâ&#x20AC;&#x2122;s opportunities. Taken into President ELSA Azerbaijan account there was no existing ELSA member or observer in Azerbaijan, we decided to take initiative to establish one of the successful ELSA groups in Azerbaijan. As a result of successful correspondence with ELSA International, we were given all the necessary information about the application proce-

dure and questions which is aimed to know whether or not there is a real interest of students of the law faculties to establish ELSA. By looking at this presentation, it is easy to note that the majority of the law students are specifically interested in increasing their knowledge base, participating in various events in Europe and expanding their network and connections by setting up professional relationships with the members of this organization abroad. The law students from Baku State University, Elshan Bayramov and Kamal Jafarov attended the International Council Meeting in Alanya, to present the application for being member of the ELSA Network. We were very excited about the atmosphere we saw at the ICM and the people we met from ELSA. The ICM in Alanya was where Azerbaijan got its observership status, and the greatest moment of ICM was when Azerbaijan was accepted as part of the ELSA Network with the majority of the votes. I would like especially to thank Khanlar Agalarov, Elnur Humbatov and Aflatun Huseynov who did a great job in the preparations for applications and presentation. We were happy and motivated to contribute to this Network, and this success was all of Azerbaijani law students. Recently ELSA Azerbaijan has launched 2 web portals; www.rusum.az which is the first and only information

ELSA International with representatives of the initiator group of ELSA Azerbaijan 38

Expansion

Kamal Jafarov holding speech for the Council of ELSA at the International Council Meeting in Alanya, prior to the voting of membership of Azerbaijan

source about all duties and tariffs, and www.sukan.az which aims to keep people informed on traffic and safety rules through permanent, quick and operative means, publicizing of problems connected with traffic rules, introducing road safety education to Azerbaijan schools, increasing of responsibility of relevant organizations, agitating of driver and pedestrian ethics, prepare and persuade people obtain driving licenses without offering bribes and by taking exams, as

zation give thoughts about the last year changes in legislation and discussed future mutual projects. In February we had the first National Council Meeting of Azerbaijan. The President of ELSA International Mr. Oscar Lema Bouza who had motivated and supported us since beginning of corresponding till today, and President of ELSA Germany Phillip Hagedorn and ELSA trainer Rudolf Christoph Reiet were present. Conference and meetings with law stundents and professors, judges of the Constitution Court of Azerbaijan Republic, congressmen of the Parliament of Azerbaijan Republic and other high state officials were held.

â&#x20AC;&#x153;The aim of these portals is to raise transparency and contribute to combat against corruption, encourage active participation of the civil society in this sphere.â&#x20AC;? well as mutual respect among drivers and in regard with pedestrians. The aim of these portals is to raise transparency and contribute to combat against corruption, encourage active participation of the civil society in this sphere. ELSA Azerbaijan has established a new coalition (Support to Law Reforms) with other well-known law NGOs, and had its first meeting in the beginning of January 2011. Presidents from each organi-

synergy magazine

We believe that law students will gain academic quality with foreign legal systems and business practices through the wide range of activities and international cooperation of ELSA. Global challenging, good administration, management and teamwork skills, practical business experience and sharing European values will be some of the new opportunities for Azerbaijan law students.

STEP

Student Trainee Exchange Programme

STEP Summit Turkey 2010

I already heard a lot of positive things about extraordinary STEP Summit in Turkey (15 trainLucia Palusova STEP Trainee eeships for 15 trainees at the same time), when ELSA Slovakia I was filling in the STEP Application form and I simply hoped I would be selected. Fortunately I was one of the lucky one and I could spend a wonderful summer month in Turkey with other trainees from Austria, Denmark, Finland, Germany, Montenegro, Poland, Romania, Slovakia, Spain and Ukraine. I have to honestly say, I came to Ankara with a lot of expectations, but reality was much better! Members of ELSA Ankara picked us up at the airport, they accommodated us and took us to a welcome dinner to get know each other.

All trainees have been working in important international law firms in Ankara. Our work depended on the specific law firm, but also from our educational background, experiences and language skills. I was fully involved in tasks in my law firm Şahin Dursun Eren Özfırat, attorney at law, especially in some important cases of international private law (mainly international arbitration) and I also did a huge research on the civil law system of the Slovak Republic. I took part in the daily routine of the law office, and I wrote an article about legal education in Slovak republic, which will be published in Ankara Bar Review, provided by the Ankara Bar Association. It is hard to explain our free time in Ankara, because every day was different and new and we enjoyed new experiences every day. I was never that close to any local group of ELSA (of course except my own one) than ELSA Ankara. Special big thanks belong to A. Elif Yıldırım, N. Gülşen Kutlu, Mustafa Kemal Karahan, Murat Ozmen, Isa Say and Eren Belli, who were taking care of us like about babies. They spent every single day and night with us and thanks to them we were fully involved in Turkish history, culture and daily life style. Social programme was the best I ever had – we had a programme every day and all our weekends were booked with travelling. We were invited to the Atatürk mausoleum, who is a national hero for all Turkish people, and we got an introduction to Turkish history and the importance Atarürk man for the Turkishpeople. In the same day

STEP trainees at their Law Firm in Turkey 40

STEP taurant and pub in the city. Already after a couple of days we were getting closer and closer with trainees and ELSA members as well. Travelling time was really great for all trainees – we had possibility to visit lovely Alanya, unforgettable Capadocia and breath-taking Istanbul. We could see a lot of things in our short time in Turkey, which actually passed away so fast.

STEP trainees with ELSA Turkey and ELSA Ankara at one of the many social programmes

we had traditional Turkish brunch and water pipe and we had wonderful dinner in Ankara castle with traditional Turkish music and dance. During our time in Ankara (August 2010) I had the feeling, we visited every res-

"Social programme was the best I ever had – we had a programme every day and all our weekends were booked with travelling."

synergy magazine

To say goodbye to the people I met in Turkey was one of the hardest things I ever did. It was almost unbelievable how close we were to each other after quite a short time, we already felt like a big family. It was no surprise that some of us came in one month to Turkey again – to see other trainees and Turkey as well during ICM Alanya. STEP Summit in Turkey is one of the best international experience I was ever part of. ELSA Ankara did a great job – everything was simply perfect, without any problems or delays. We had wonderful experiences – in professional, travelling and especially “to meet new friends” way. And all of us fell in love with Turkey and can’t wait to visit Turkey again! Do not lose such a wonderful opportunity and apply for STEP Summit Turkey 2011! It will be one of the best things you will ever do!

STEP

Student Trainee Exchange Programme

Valuable STEP experience in Serbia

STEP sector in Serbia has recently experienced a big improvement, mainly due to Goran Milojevic the hard working people leading the activi- President ties in this key area in Serbia - Uros Sekulic, ELSA Belgrade VP STEP ELSA Novi Sad, Jelisaveta Tasev, VP STEP ELSA Belgrade and Nikola Bozanovic, VP STEP ELSA Serbia . We are currently implementing a STEP traineeship in Novi Sad, and more is coming soon. It is a five-month practice in the institution of the Provincial Ombudsman of Vojvodina, which began in September and is going to last until the end of January. The practitioner is Vanja Bjelancevic, who comes from Copenhagen. He is now sharing his valuable experience with us. ELSA: Why did you apply for this STEP traineeship? Vanja: I applied for several reasons. First of all, I wanted to gain experience working at the institution of the ombudsman. I was also informed beforehand by the Law Faculty of Copenhagen that they would reckon the practice as 30 ECTS points (3 exams), meaning a whole semester. So I wouldn’t have to study and pass exams, but only do one "practice related paper". Finally, I wanted to spend time in the Balkans, because I am originally from there - so I took a chance to spend time with friends and family. ELSA: How did you like the traineeship? Vanja: My impressions are great. Colleagues are really fantastic, they deal with important issues and let me to participate in everything. Through this work I have created a global picture of the situation in Serbia. synergy magazine

ELSA: What is the most important thing you have learned during the traineeship? Vanja Bjelancevic Vanja: It's hard to say. The most important Trainee ELSA Denmark thing for me was to gain insight into how the system works in Serbia and what the situation with human rights is like. A lot of these issues are addressed on television and newspapers, but for young people from abroad it is difficult to get a picture of the real situation in Serbia. Summer vacations and fun times are one thing and working in state institutions and gaining some real experience is something else. ELSA: How much time a week is necessary to set aside for the traineeship? Vanja: It’s been 30 hours per week, 6 hours a day. I’ve also been reading at home and asking friends and family about some issues, to understand better. ELSA: Are you satisfied with the choice of the institution where you went for this traineeship? Vanja: I'm super happy with the choice. This institution deals with important issues and colleagues are great, so it couldn’t be better. ELSA: What can this traineeship bring to you? Vanja: In Denmark it is important what you work on during your studies. The institution of Ombudsman is very recognized and highly respected in Denmark, so I hope that his reference in my CV will help me to land my first job. Not "just" this traineeship, but it along with other related activities of mine. »»» 43

STEP Finally, this is a valuable experience that helps me to better understand the situation and way of life in Serbia and also an opportunity to spend some time with family and friends. ELSA: Were your expectations met? Vanja: In the beginning it was difficult to have some particular expectations. So I talked to the Danish Ombudsman and students working there to see what they were doing and how much of independent work they were granted, so that I could you develop some expectations. In the meantime, I got even more than I expected at the Institution of the Provincial Ombudsman, because I’ve been given a free hand, so I could get a better insight and closer look. For example, I spent quite some time out in the field with the Deputy Ombudsman Stevan Arambasic and these field "inspections" have meant a lot to me. Everyone has been very friendly and helped me to get answers to all my questions. I’ve been able to attend all the activities and have been invited to many events. I was able to delve into the topics that I’m interested in and to collect data formywork. ELSA: How did you get along with the members of ELSA Serbia? Vanja: The contact has been good and on a personal basis, I got help for whatever I needed. They were inviting me to ELSA events and private gatherings and I felt I was always welcome, so I developed a feeling they are people I could rely on. ELSA: How do you like Serbia and Novi Sad? Vanja: Novi Sad is a beautiful city. I spent a lot of time walking around, the city is wonderful and there are always some events in the center. There have also been plenty opportunities to go out, I went to Guca Festival and to various places with live music which I’m very fond of. I had the opportunity to see how people in Serbia celebrate their holidays, Christmas, New Year… It's really wonderful to be here! ELSA: Would you recommend having this traineeship to other members of ELSA? Vanja: Of course I recommend it for many different reasons. You get an insight into another culture and work, and of course you "grow as

a person" through it all. It’s good to stand on your own feet and take charge. During the practice you can also learn new working methods and gain experience that can be applied later in life. ELSA: Do you plan to sign up for another STEP traineeship? Vanja: I would really love to, but I currently have just one more semester to graduate, which means to write a practice related paper and graduation thesis, and I'm done with the school. So I'm going to the job market and will not have any more time for traineeships. But certainly if I had more time until my graduation, I would search for more traineeships.

Summer Law School - Italy

ELSA Summer Law School 2011, Lignano, Italy

"Protection of children against violence" Four Local Boards for the first Summer Law School by ELSA Italy

We are very proud to announce that this year, for the first time, ELSA Italy invites Alessandro Orgiano all ELSA members, students and gradu- Summer Law School ates from different countries, to one of the Organiser, ELSA Italy most interesting ELSA events: a Summer Law School on Human Rights , which will take place during the week 23rd-29th of July 2011 in Lignano, a beautiful town in FriuliVenezia Giulia, a region of north-eastern Italy. Inspired by the last campaign launched in Rome on last November by the Council of Europe to stop sexual violence against children

Filippo Tosti Summer Law School Organiser, ELSA Italy

(One in Five), the four Italian Local Boards of Cagliari, Ferrara, Trento and Trieste decided to start working together and to organize this great event under the supervision of the National Board.

Not only this project leads to a technical publication on children’s protection and makes young people sensitive to this very relevant subject, but it has also many other interesting aspects. A Summer Law School, as it is the case for any other action that ELSA organizes, aims at making people look beyond the borders, enabling them to get to know other cultures, traditions and legal systems and understand that we can no longer think and work exclusively from a national point of view. On the contrary, we should learn, think and act in an international perspective. This is why these four ELSA Italy Local Boards have decided to face the challenge of organizing a Summer Law School for the first time; we are strongly motivated to give the possibility to future professionals to start working in a broader environment than the one they are used to, in order to prepare them for the world they will face at the end of their studies. »»»

The town of Udine

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Summer Law School - Italy The choice of such a delicate legal topic as the fight against the violence on children at a national and international level will contribute to achieveing the following goals: to promote the rights of children and the respect of Conventions that protect them among students and young lawyers, to identify the best strategies for the prevention of violence, to study and compare national legislations and to promote debate and exchange of information between students. Because of the social relevance of the matter, we have decided to focus our attention not only on the issue of sexual abuses, but also on all other forms of violence against children, with the aim to offer to all participants the chance to study the national and international measures of protection and the different strategies adopted by governments and institutions to improve them. The Academic Program will focus on many different issues like the actions of the Council of Europe and all its campaigns to prevent violence, protect children and persecute the abusers; we will promote the discussion on the most frequent forms of violence, like sexual abuses, pornography, grooming, prostitution, children trafficking, corporal punishments, forced labour, domestic violence. This debate will be supported by the related case law. Participants will attend lectures delivered by national and international experts and professionals focused on the international cooperation in fighting the violence children are victims of, results already achieved and goals that the international community wants to attain. Lectures will be followed by workshops, which provide emphasis and in-depth analysis of different areas of interest. The Summer Law School will be preceded by an artistic/photographic competition that will award the best proposals for the Campaign against Children’s Abuse, the best logo and the best gadget. Participation to the competition is open to anyone interested: every member of ELSA can participate, even if they won’t take part in the final event. Winners will be selected by a special commission. However, as we all know, a Summer Law School is not simply a moment to expand students’ knowledge on a specific legal topic, but it's also an important opportunity to come into contact with other cultures and other ways of working, a unique option which enables

Evening at Trieste

them to learn and share on a personal level; it will also contribute to createing a network that will be useful for their professional future. This is why we have chosen Friuli-Venezia Giulia to host this event. This region is a small area culturally enriched by many populations who passed through and lived there. Its natural environment, ranging from mountains, lakes, wonderful bays and beaches full of entertainments, is amazingly suitable for young people. In particular, we have chosen Lignano as seat for our first Italian ELSA Summer Law School because this little town, situated by the Adriatic Sea, is perfectly prepared to welcome students, graduates and young lawyers from any part of Europe with its modern touristic structures and its nightlife, that make Lignano one of the favourite summer resorts for young people, especially from Italy, Austria and Balkans. One of our first goals will be getting participants in touch with this astonishing territory. During this summer week we will organize daily visits to Trieste and Udine, two little jewels of the region, with their castles and historical monuments, such as the Miramare Castle. Moreover, we are going to give the participants the possibility not only to know the cultural aspects of this beautiful territory, but also to try wines and typical food that make this region famous all over Europe. We are in touch with local producers who are really interested in making their wonderful products more visible at an international level. For all these reasons, we are sure you won’t lose this chance to enjoy with us an amazing week. See you in Lignano!

Summer Law School - Croatia

ELSA Zagreb

Croatian style International Summer Law School

The International Summer Law School(ISLS) "Human rights and gloNina Marinkovic Summer Law School balization", organized by ELSA Zagreb Organiser, ELSA Zagreb was held from 26th July to 2nd August 2010. in Zadar. This is the 11th year in a row that ELSA Zagreb is hosting this event, the one we are most proud of.

ELSA Zagreb continued its topic of human rights with this project because this ISLS was a logical continuation of everything we dealt within the last year such as: «Little School of Human Rights», photo competition at the Council of Europe, “Jagoda case” and others. Driven by an extremely positive experience of cooperation in the earlier years, the project was implemented within the university campus in Zadar. Inside the campus were organized accommodation, evening lectures and thematic meetings. The whole project was attended by 39 students from eight European countries (Czech Republic, Slovakia, Italy, Greece, Romania, Ukraine and Croatia) who received 4 ECTS points for their participation in the project. In this way, participants not only acquire new knowledge, but also have the opportunity to meet other cultures and participate in the exchange of experiences. Informal atmosphere at this type of seminar leads to a more relaxed and more direct contact between professors and students, which contributes to a more open exchange of opinions. The main idea for this project was to bring a lot of professors, experts and activists »»»

Organising Committee of ELSA Zagreb Summer Law School 2010.

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Summer Law School - Croatia ditional space for action in this area. We therefore believe that the organization of such seminars should invite speakers who are not only part of the legal profession: political scientists, sociologists, historians, representatives of NGOs and other experts provide the participants a deeper knowledge of matter and open a new and different perspectives. Dealing with issues in the field of human rights in modern times, once again showed the great interest of students for these themes, but also showed the poor representation of them in the higher education system. Combining the formal part of the program, which satisfied the desire of participants to know the legal matters in the field of human rights and globalization, and the informal, that satisfied the need for participants to meet new people and understanding their cultures, created the basis for further cooperation.

Seminar 2011 International Summer Law School on Human Rights and Globalization Zadar, Croatia, 24th - 31st July Contact: Ida Dojcinovic, email: isls2011@gmail.com Lecture at the Seminar.

www.elsa-zagreb.hr

who would present this topic from a specific point of view with an emphases on practical examples and their own experience. This turned out to be a very good decision because it opened a lot of discussions and debates where we could find out more about our colleagues, their countries and a way how human rights are violated, instruments that are used to protect them and what do young people think about the importance of human rights. Furthermore, it should be noted that the availability and immediacy of teachers created a positive atmosphere which animated the participants to work during the seminar. Most students expressed a desire for a deeper and more intensive study of this matter that shows there is an adParticipants of the summer law school enjoying Zadar. 48

Network Report

ELSA Bergen

Students on a trip to Cuba In the beginning of the fall semester 2010, a group of 20 students from the Law Faculty of Bergen went on a student trip to Cuba. We met Oswaldo Paya, who is one of Cubas most prominent dissidents and a Nobel Peace Price nominee.

Lea Coates Study Trip Participant

Paya is most known for founding the Varela Project in 1998, which was an attempt to obtain a national referendum in Cuba.

ELSA Bergen

According to Article 88 g) in the Cuban Constitution, a law proposal can be made by the people of Cuba. The prerequisite is that the proposal is signed by "at least 10 000 citizens" with the right to vote. But when we submitted the first 11 000 signatures, the authorities changed the law. This shows how the Constitution doesn't protect the fundamental human rights of the citizens of Cuba. In 2002 he recieived the Sakharov Price for Freedom of Thought, for the Varela Project. The price has been given by the European Parlament since 1992. Paya has also been a Nobel Peace Price nominee several times for his work, the last time in 2010.

- The radical part of our work, and the part that defines our work, is the fact that we are not simply criticizing the authorities, or preaching about Cuba's future. We are offering an alternative path, so that we can achieve a peaceful transition and rights for all citizens. Organizing a trip to Cuba meant having to think outside of the box to make a satisfactory academic program. Making an appointment over the phone was not possible. When trying to contact institutions by e-mail, we learned that the e-mail addresses we were given, didn't actually excist. I would recommend choosing an exotic destination for student trips. Even though it is more of a challenge, the group will be left with an experience that makes it worthwhile.

He has been arrested several times, and still the regime is paying close attention to every move he and his family makes. - There is not a single aspect of my life where the regime does not intervene. They supervise us â&#x20AC;&#x201C; they even have surveillance cameras in front of my house. If people come to my home, the national security service follows them. And they are followed to their workplaces or to their homes, where they are threatened. That was why only a small part of the group could visit his house. We told the taxi driver to stop at a different address, and walked the last distance. Todos Cubanos - an extension of the Varela Project - is becoming a powerful tool to gather the citizens of Cuba, which the regime fears. Oswaldo Paya, 59, is considered the most prominent political activist in Cuba, and has been nominated for nobels peace price several times. ELSA Bergen had the honor of meeting him on their visit to Cuba

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In Memoriam

Christian Mallet 1957 - 2010, President of ELSA International 1983-85

In Memoriam

Christian Mallet, the second president of ELSA International passed away unexpectedly on 6th December 2010. Christian was born on 4th September 1957, and he became a member of the Board of ELSA International in 1982, and President in 1983, in which capacity he served for two years. During Christian’s term as President, ELSA expanded from the original three founding countries to the Nordic countries and The Netherlands, and many essential activities of ELSA were initiated during his term, most notably STEP and Academic Activities. Christian was survived by his wife Susanne and sons Peter and Frederik. The funeral took place on 11th December 2010, and ELSA and ELS were represented in the funeral by Michael Goeskjaer. Our thoughts are with Christian’s family who have so unexpectedly and suddenly lost a husband, a father and a brother. Eero Rautalahti has written the following personal in memoriam of Christian. Eero was Secretary General of ELSA 1983-84 and one of Christian’s closest associates in the early days of ELSA: I have learned that my friend Christian has passed away.

staying in a flat in Copenhagen that had no bathroom, he took me to the Danish Parliament in Christiansborg Palace to have a shower – and he gave me absolutely no inkling beforehand what he was planning to do or why. I remember sitting absolutely terrified in the small bathroom in the top floor of the Palace imagining the headlines of the tabloid press in Helsinki “Finnish Law Student Caught Trespassing in a Bathroom in the Danish Parliament”. But as usual, Christian was completely in control of the situation and nothing happened. As it turned out, he used the Palace quite often for this purpose – he even had hidden a bottle of shampoo in the Palace for his personal use. Our lives took different paths after we had finished our work in ELSA. But the ground-breaking work that Christian did as President lives on. ELSA has grown to be an organisation operating in 42 countries and recognised by the United Nations. Christian’s visionary pioneering work was instrumental in opening the path that has given international experience and exposure to thousands of law students and lawyers across Europe. He played a major role in helping the legal profession to cross borders and to transform law from a national profession into an international one. This work lives on in the experience and careers of thousands of lawyers that may had never heard of Christian Mallet.

Christian was an important part of my life for many years, when we as young students were setting up ELSA. For three formative years of my life, I spoke with Christian almost daily. We travelled together, and for our monthly meetings either he stayed in my flat in Helsinki, or I stayed in the various peripatetic residences he those days had in various parts of Copenhagen. Looking back now, almost 30 years later, I do not think I have ever enjoyed working with anybody as much as I did with Christian. I learned to respect and admire his absolute dedication to the matters he believed in, his incredible charisma, his intelligence, his ability to deal with people of all walks of life – and his distinctly mischievous sense of humour. Once, when Christian Mallet and Eero Rautalahti at the International Council Meeting in Helsinki in 1983.

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