The topic of the conference is the reach of free movement and the focus on what constitutes a restriction to free movement. The threshold remains low. In the field of goods suggestions to extend the Keck exception to Article 34 TFEU (ex Article 28 TEC) to use restrictions have not been adopted.
The interplay between the fundamental freedoms is a central cross-cutting theme.
Is discrimination still a core concept or will it be replaced by a more neutral, general and sweeping ‘market access’ criterion? Does the concept of ‘market access’ pave the way for another approach where the ambition is to eliminate burdensome and inefficient regulation in a matured internal market? What are the implications for the review of proportionality? Does the market access test confirm a uniform approach towards the fundamental freedoms, and would a uniform approach be desirable?
The developments in the case law of the ECJ raise important constitutional questions. What are the constitutional foundations for the jurisprudence of the ECJ? What are the implications for the balancing of power between the Union and the Member States, and between legislators and courts? The question of legitimacy is relevant to the determination of the outer limits of what constitutes a restriction.
Draft programme outline
We have adopted the following format: Speakers send out a full paper, an outline or some other work which introduces their topic. They will then have 15 minutes to present and summarise their arguments at the conference. With four sessions of 1 hour and 30 minutes, and with two to three speakers each, this would allow between one hour and 45 minutes for discussion.
Speakers’ papers, outlines or other work introducing their topic, are posted on our website.
Deadline for papers for the subsequent publication is 1 September.
We aim at a follow-up event at the IALS in London October/November 2011.
Please see an updated programme.