16th Annual Irish EuropeanLaw Forum - ChangingSovereignty in EuropeFriday 6th December 2013UCD Sutherland School of Law, University College Dublin, Belfield, Dublin 4

PUBLIC LECTURE:Sovereignty, the Nation-State, and Integration History

Date: Thursday 5th December 2013

Delivered by: Peter L. Lindseth, UConn School of Law and chaired by The Hon. Ms Justice Mary Laffoy, Supreme Court, Ireland.

Where: The Royal Irish Academy

Time: 5.30pm - Registration (tea/coffee), 6.00pm - Public lecture

Fee: Waived/Free - Students welcome

Programme Schedule

Chair: Dan O’Brien, UCD

Speakers: Eoin Carolan, UCD

Ton van den Brink and Jan Willem van Rossem, University of Utrecht

Discussant: Imelda Maher, UCD

Thursday 5th December, 2013

5.30pm Registration and coffee

6.00pm Sovereignty, the Nation-State, and Chair: The Hon. Ms Justice Mary Laffoy, Integration History Supreme Court, Ireland

Peter L. Lindseth, UConn School of Law

Friday 6th December, 20139.15 - 9.30am Registration and coffee

Welcome Colin Scott, Dean, UCD Sutherland School of Law

Introductory Remarks Imelda Maher, UCD Sutherland Professor of European Law

9.30 - 11.00am What is Sovereignty

• The Rootlessness of Modern Sovereignty

• The Pluralist Conception of Sovereignty and the Theory of European Union

• The Reflexive Relationship between Internal and External Sovereignty

11.00 - 11.30am Coffee

11.30 - 12.45pm Sovereignty in Times of Crisis

How has the economic crisis affected the boundaries of state sovereignty; how the relationship between the EU and the state has shifted; reflections on prominent cases such as the Pringle case.

• The Evolution of Sovereignty in the Irish Legal Order

• Sovereignty, Stability and Solidarity: Conflicting and Converging Values in a Time of European Crisis

12.45 - 1.45pm Lunch

PUBLIC LECTURE: SOVEREIGNTY, THE NATION-STATE, AND INTEGRATION HISTORY

Chair: Aindrias Ó Caoimh, European Court of Justice

Speakers: Maria Cahill, UCC

Matej Avbelj, Graduate School of Government and European Studies, Slovenia

Christina Eckes, Amsterdam Centre for European Law and Governance, University of Amsterdam

Discussant: Julien Sterck, TCD

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1.45 - 3.45pm Sovereignty in Twenty Years Time

What will be the nature of sovereignty in twenty years time? Using a futuristic lens the aim is to draw on experiences thus far, to highlight what the unexpected changes, why change has happened and to identify externalities that may further change our understanding of sovereignty in the future.

• In search of the core of Constitutionalism: How to reply to the argument from national sovereignty

• The EU as a postnational sovereign: practices of norm promotion

• The Future of Sovereignty – A Challenge for International Law

• Is an Inter-Disciplinary Ontology of Sovereignty Possible? Law, Political Science, and the Evolving EU Constitutional Order

3.45 - 4.15pm Concluding remarks and close

Chair: Chair: Niamh Hardiman, UCD

Speakers: Bartosz Krzysztof Marciniak, European University Institute

Elaine Fahey, Amsterdam Centre for European Law and Governance University of Amsterdam

Joseph McMahon, UCD

Andrew Glencross, University of Stirling and Cormac Mac Amhlaigh, University ofEdinburgh

Discussant:Dario Castiglione, University of Exeter

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Dr. Matej Avbej (Graduate School of Government and European Studies, Slovenia)

Matej Avbelj is an Assistant Professor of European Law at theGraduate School of Government and European Studies,Slovenia, where he also acts as a Dean. He graduated fromLjubljana Faculty of Law, obtained an LL.M at NYU School ofLaw and defended his PhD at the European UniversityInstitute. Dr. Avbelj has written extensively in the field of EUlaw, constitutional law and legal theory. As an active memberof the academic community he has co-organized severalsuccessful research conferences, served as a member ofeditorial boards of various legal journals and participated in anumber of professional associations. He has advised theSlovenian National Assembly on constitutional amendmentsand served on strategic boards of the Ministry of Justice andthe Ministry of Foreign Affairs of the Republic of Slovenia.Dr.Avbelj is also active in various Slovenian civil societyorganizations.

Dr. Maria Cahill (University College Cork)

Dr. Maria Cahill is a graduate of Trinity College, Dublin (LLB,2003) and the European University Institute (LLM, 2004; PhD2008). She lectured at the National University of Ireland,Galway, before joining the Faculty of Law at UniversityCollege Cork in August 2008. She researches in the areas ofconstitutional law and constitutional theory, and haspreviously published on various aspects of the concept ofsovereignty both nationally and internationally:“Constitutional Exclusion Clauses, Article 29.4.6 and theConstitutional Reception of European Law” in the DULJ,“Judicial Conceptions of Sovereignty” in the Constitution ofIreland collection edited by Dr. Eoin Carolan, and theratification of the Lisbon Treaty in Ireland in the German LawJournal, with a further two articles on the impact of thePringle decision and the residual constituent power of thenation state forthcoming in 2014. Her teaching specialismsare constitutional law and theory, advanced legal reasoning,jurisprudence, and legal history. Comments welcome:maria.cahill@ucc.ie.

Eoin Carolan (University College Dublin)

Eoin Carolan is a barrister and lecturer in law at UniversityCollege Dublin. He is an expert in Irish constitutional law,administrative law and media law. Eoin is a graduate andformer Scholar of Trinity College Dublin, where he lecturedconstitutional and administrative law for a number of yearsbefore joining UCD. He is also a graduate of the University ofCambridge and a former Visiting Researcher at Harvard LawSchool.

Eoin’s research interests include constitutional law and theory,administrative law and theory, democratic governance andinstitutional design, comparative law, freedom of expressionand privacy rights, public law and political theory, and sportslaw. He has authored or co-authored a number ofpublications, including "The Right to Privacy: A Doctrinal andComparative Analysis" (Round Hall, 2008), "The IrishConstitution: Governance and Values" (eds) (Round Hall,2008), "The New Separation of Powers: A Theory for theModern State" (Oxford University Press, 2009) and "MediaLaw in Ireland" (Bloomsbury, 2010). He was awarded the 2011Kevin Boyle Prize for Outstanding Legal Scholarship for "TheNew Separation of Powers: A Theory for the Modern State".The book was also shortlisted for the 2010 Peter Birks Prize forOutstanding Legal Scholarship.

Dr. Dario Castiglione (University of Exeter)

Dario Castiglione studied graduated from the University ofPalermo, and previously worked as a journalist. He conductedpostgraduate studies at the University of Sussex, and obtaineda D.Phil. with a thesis on David Hume's Political Philosophyand joined the Department of Politics at Exeter in 1989 wherehe is currently and associate professor. He was SeniorResearch Fellow at Center for Democracy and the Third Sector,Georgetown University from 2003 to 2005 and the GaetanoMosca Chair for the Department of Political Science of theUniversity of Turin in 2007-2008

His field of interest is political theory and its history, withparticular application to contemporary Europeandevelopments. His main areas of research comprisedemocratic theory, the interconnection between state andsociety, the history of early modern political thought, anddemocracy and constitutionalism in the EU. He is currentlyone of the Editors of the ECPR Press.

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Dr. Christina Eckes (University of Amsterdam)

Christina Eckes is associate professor in EU law at theUniversity of Amsterdam and senior researcher at theAmsterdam Centre for European Law and Governance(ACELG). In her current research, she aims to demonstratehow the Union’s participation in international relationsreflects back onto its internal constitutional landscape. For herresearch project Outside-In: Tracing the Imprint of theEuropean Union’s External Actions on Its ConstitutionalLandscape she was awarded a personal research grant by theDutch Scientific Organization NWO (2011). The academicyear 2012/2013, she spent as Emile Noël Fellow-in-residenceat the Jean Monnet Center at New York University.

Before joining the University of Amsterdam in September2008, she worked as lecturer in EU law at the University ofSurrey, UK (2007-2008). She holds a PhD from the Universityof London (2008) and an LL.M (2003) from the College ofEurope in Bruges. In 2002, she passed the First StateExamination in Law in Germany. Based on her PhD research atKing’s College London, she published a monograph with thetitle EU Counter-Terrorist Policies and Fundamental Rights -The Case of Individual Sanctions (Oxford University Press,2009). Her recent publications include 'EU Accession to theECHR: Between Autonomy and Adaptation', Modern LawReview 2013, and ‘Protecting Supremacy from ExternalInfluences: A Precondition for a European Constitutional LegalOrder?’, European Law Journal 2012.

Dr. Elaine Fahey (University of Amsterdam)

Dr. Elaine Fahey is a Postdoctoral Researcher (SeniorResearcher) and Lecturer at the Amsterdam Centre forEuropean Law and Governance and works on the project 'theArchitecture of Postnational Rulemaking'. In 2013-2014 she isa Visiting Scholar at the European Legal Studies Department,College of Europe, Bruges. She was previously a Lecturer inLaw, Dublin Institute of Technology, Ireland and a Max WeberPostdoctoral Fellow, European University Institute. Herresearch examines Global Governance and EU law,Postnational Rule-Making, the EU’s Area of Freedom, Securityand Justice and EU Foreign Affairs including EU-US relations.Her recent and forthcoming publications include “Law andGovernance as Checks and Balances in Transatlantic Security:Rights, Redress and Remedies in EU-US Passenger NameRecords and the Terrorist Finance Tracking Program” (2013)Yearbook of European Law 1-21; "On The Use Of Law inTransatlantic Relations: Legal Dialogues Between the EU and

US" European Law Journal (forthcoming); and A TransatlanticCommunity of Law: Legal Perspectives on the Relationshipbetween the EU and US legal orders (Cambridge UniversityPress, 2014) (with Deirdre Curtin) (eds.).

Dr. Andrew Glencross (University of Stirling)

Andrew Glencross obtained his PhD from the EuropeanUniversity Institute (2007) and before that studied atCambridge University and Harvard University. Prior to joiningthe University of Stirling, he taught international relations atthe University of Pennsylvania and at the University ofAberdeen, where he was responsible for a Jean MonnetModule on European integration funded by the EuropeanCommission.

His main research focus is on the interplay of law and politicsin the European Union and the development of Europeanintegration more generally, including EU foreign policy. Hiswork has been published in journals such as Government andOpposition, International Theory, the Journal of CommonMarket Studies, the Journal of European Integration, and WestEuropean Politics. He is also the author of What Makes the EUViable? (Palgrave 2009), co-editor of EU Federalism andConstitutionalism: The Legacy of Altiero Spinelli (Lexington2010), and just finished writing a textbook, The Politics ofEuropean Integration (Wiley 2013).

Niamh Hardiman (University College Dublin)

Niamh Hardiman studied in UCD and at Nuffield College,Oxford.�She was Fellow and Tutor in Politics at SomervilleCollege, Oxford until 1992, and has taught in UCD School ofPolitics and International Relations since then. She worked fora time at the Economic and Social Research Institute inDublin. In 2012, she held a Research Fellowship at the GlobalResearch Institute, in the University of North Carolina atChapel Hill. �

She has research interests in comparative public policy andcomparative political economy. She led a project on theevolution of the Irish state which gave rise to the Irish StateAdministration Database. She recently edited IrishGovernance In Crisis (Manchester University Press, 2012). Sheis currently principal investigator of a project on The PoliticalEconomy of the European Periphery. Among the outputs ofthis project is a book which will be published by OxfordUniversity Press.�

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Among her current affiliations are these:�Research Fellow atUCD Geary Institute ; Associate of the Dublin EuropeanInstitute; Fellow of UCD Centre for Regulation andGovernance; Member of the blog collective Crooked Timber.

Ms Justice Ms. Mary Laffoy (Supreme Court of Ireland)

Ms. Justice Mary Laffoy is a judge of the Supreme Court ofIreland. She was educated at University College Dublin andKing’s Inns. She was called to the Bar in 1971 and to the InnerBar in 1987. She was appointed as a judge to the High Courtin 1995. She presided the Commission to Inquire into ChildAbuse from 1999 to 2003. She was appointed to the SupremeCourt of Ireland in July 2013.

Prof. Peter L. Lindseth (University of Connecticut)

Peter L. Lindseth is the Olimpiad S. Ioffe Professor ofInternational and Comparative Law at the University ofConnecticut School of Law, where he is also Director ofInternational and Graduate Programs. He holds a B.A. and J.D.from Cornell and a Ph.D. in European history from Columbia.His expertise lies at the intersection of European integration,comparative administrative law, international economic law,and the legal history of public governance. Professor Lindsethhas served as a visiting professor at Yale, Princeton, theUniversité Panthéon-Assas Paris II, and the Université d'Aix-Marseille III, and has also taught at Columbia Law School. Hehas served as a Daimler Fellow at the American Academy inBerlin, a Jean Monnet Fellow at the European UniversityInstitute in Florence, a Chatauebriand Fellow at the Conseild’Etat in Paris, and a Stipendiat at the Max Planck Institute forEuropean Legal History in Frankfurt. He is the founding chairof the European Law Section of the Association of AmericanLaw Schools (AALS) and the editor of the section’s new blog,europaeus|law. Professor Lindseth also contributes regularly toEUtopia Law, a London-based blog on the European Union. Hismost recent book is Power and Legitimacy: Reconciling Europeand the Nation-State (Oxford University Press, 2010).

Prof. Imelda Maher MRIA (University College Dublin)

Imelda Maher is the Sutherland Professor of European Law.She is a graduate of UCD and Temple University and wascalled to the Irish Bar. She has worked extensively incompetition law and also on EU economic governance.Before returning to UCD in 2006, she worked at the LSE, theAustralian National University where she was Director of theCentre for Competition and Consumer Policy, Birkbeck Collegein the University of London and Warwick University. Imelda’s main research interest is in law and governance andher work straddles the two domains of competition law andEU law. Her current work addresses the changing nature ofeconomic governance and its relationship with law in theEuropean context. She is also continuing her work oncompetition networks and their increasing prevalence inter-nationally. In 2007, she was appointed as academic directorfor the new UCD Sutherland School of Law building whichopened this year. She is general editor of Legal Studies, thejournal of the Society of Legal Scholars of the UK and Irelandand a member of the editorial board of the European LawJournal and of the Irish Yearbook of International Law. Imeldawas elected a member of the Royal Irish Academy in 2011.

Bartosz Krzysztof Marciniak (European University Institute)

Bartosz Krzysztof Marciniak – Polish Ph.D. researcher at theEuropean University Institute. He is most interested in legaltheory and comparative constitutional law; more precisely, inthe notion of sovereignty, procedures of constitutionalamendment, and the idea of disagreement about the law heldwithin liberal democracies. At the EUI, under the supervisionof Giovanni Sartor and Mattias Kumm, he is conductingresearch and creating a theory of the core of constitutional-ism and its relationship with the so-called hard core ofconstitutions. He received his master’s degree in Law fromUniversity of Warsaw (2010), a master’s degree in Classicsfrom University of Warsaw (2011) and an LLM degree fromthe European University Institute (2013). During his academiccareer, before being offered a position of Ph.D. researcher atthe Institute, he studied law for one year at Federico IIUniversity of Naples, Faculty of Law (2008-09), conductedresearch on constitutional jurisprudence (the position ofConstitutional Court within the Italian legal system) at theUniversity of Catania, Faculty of Law (2010), and on Romanlaw (the way Roman law was taught in antiquity) at FedericoII University of Naples, Faculty of Law (2011).

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Dr. Cormac Mac Amhlaigh (University of Edinburgh)

Cormac Mac Amhlaigh is Lecturer in Public Law at theUniversity of Edinburgh. He holds law degrees from Queen'sUniversity Belfast, University College Dublin and the EuropeanUniversity Institute in Florence, Italy, where he gained hisPh.D. His research interests lie primarily in the field of publiclaw and particularly the extension of the ideas of public lawbeyond the state context. He is currently researching theconcept of constitutional legitimacy in relation toconstitutional discourses beyond the state, particularly inrelation to the European Union, European Convention ofHuman Rights and International law . He is author of 'LateSovereignty in Post-integration Europe: Continuity andChange in a Constitutive Concept' in Rebecca Adler-Nissen,Ulrik Grad (eds) European Integration and PostcolonialSovereignty Games: The EU overseas countries and territories(Routledge, 2013) and is co-editor (with Claudio Michelonand Neil Walker) of After Public Law (Oxford University Press: 2013).

Dr. Joseph McMahon (University College Dublin)

Joe McMahon joined the UCD Sutherland School of Law in2004 as Professor of Commercial Law. He was previouslyProfessor of International Trade Law at the Queen's Universityof Belfast and has been a member of staff at both theUniversity of Leicester and Victoria University of Wellington inNew Zealand.

His research interests are in the area of agriculture and spanboth the European Union (the Common Agricultural Policy)and the World Trade Organization (the Agreement onAgriculture). He has published work in both of these areas,notably EU Agricultural Law (OUP, 2007) and more recently,The Negotiations for a New Agreement on Agriculture (Brill,2011). He is currently researching the interaction between thereform of the CAP and the Agreement on Agriculture withreference to the EU's Development Cooperation Policy, inparticular its obligation to promote policy coherence fordevelopment.

Dan O’Brien(University College Dublin)

Dan O'Brien is Chief Economist at the Institute ofInternational and European Affairs, one of Ireland’s leadingthink tanks. He is also Adjunct Senior Research Fellow at theSchool of Politics and International Relations at UniversityCollege Dublin and a columnist and economics analyst for theIndependent Newspaper group.

For three years from mid-2010 Dan was economics editor ofthe Irish Times, analysing and commenting on a wide range ofIrish, European and global issues. Prior to that he spent adozen years, based in London and Geneva, as senioreconomist and editor at the Economist Intelligence Unit, anarm of The Economist Newspaper Group. Dan has also workedfor the European Commission and as a consultant for theUnited Nations and Forfas, an Irish government in-house thinktank.

During his career, in which he has lived and worked in sevenEuropean countries, Dan has commented frequently in thedomestic and international media, for broadcasters such asCNN and the BBC and in print, for newspapers such as theInternational Herald Tribune and the Financial Times. His book"Ireland, Europe and the World: Writings on a New Century"was published in October 2009.

Judge Andrias Ó Caoimh (European Court of Justice)

Andrias Ó Caoimh graduated from University College Dublinin 1971 with a Bachelor in Civil Law, before obtaining aDiploma in European Law in from UCD 1977. He was called tothe Bar in 1972 and to the inner bar in 1994, after beingeducated in King’s Inn, where he also lectured in EuropeanLaw.

Judge Ó Caoimh was appointed as a judge to the High Courtin 1999 and to European Court of Justice in 2004, to which hewas appointed a second time in 2009. He has been a Bencherof the Honourable Society of King’s Inns since 1999 and isVice-President of the Irish Society of European Law.

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Prof. Colin Scott (University College Dublin)

Colin Scott is Dean of Law and Professor of EU Regulation &Governance at UCD. He studied law at the London School ofEconomics and at Osgoode Hall Law School in Toronto. Priorto his appointment at UCD in April 2006, he lectured at theUniversity of Warwick and at the London School ofEconomics. Between 2001 and 2003 he was the SeniorResearch Fellow in Public Law at the Research School of SocialSciences, Australian National University and a researchassociate of the ESRC Centre for the Analysis of Risk andRegulation (CARR), based at the London School of Economicsfrom 2000-2010. He was a Professor at the College of Europe,Bruges, from 2006-2009 where he taught on the interdiscipli-nary masters on European Law and Economic Analysis.

Colin is Director of the UCD Centre for Regulation andGovernance, established in 2010. He is a co-author of the IrishState Administration Database (2010). Colin’s main analyticinterests lie in questions concerning the limits of regulatorygovernance, processes of accountability and non-stategovernance. Substantive fields of interest include media andcommunications regulation, regulation of government, non-state governance and consumer law.

Dr. Julien Sterck (Trinity College Dublin)

Julien Sterck graduated from the Université MontesquieuBordeaux IV in 2001. He also holds a LL.B. from the Universityof Kent at Canterbury and a Master in Theory from theUniversté Paris X Nanterre and a Ph.D. His doctoral thesis, cosupervised by UCD School of Law and Université MontesquieuBordeaux IV analysed the relations between constitutionallaw and the supremacy of European Law in France and Ireland.Julien is currently an adjunct lecturer at Trinity College Dublin,where he teaches different modules on the Law and Frenchdegree programme.

Dr. Ton van den Brink (University of Utrecht)

Ton van den Brink studied European and International law inNijmegen and Stockholm. In 2004 he received a PHD at theErasmus University Rotterdam with a thesis on theimplementation of EU legislation in the Dutch law system. Hewas researcher at the Scientific Council for Government Policyof the Netherlands from 2005 to 2009. He is currentlyassociate professor of European Law at the Europa Institute ofUtrecht University. He is responsible for the dailymanagement of the Europa Institute and member of theManagement team of the Utrecht Centre for Regulation andEnforcement in Europe (RENFORCE). His research focuses onissues of European Constitutional Law, the national dimensionof the European integration process and the legal aspects ofthe current economic crisis.

Jan Williem van Rossem (University of Utrecht)

Jan Williem van Rossem is a lecturer and researcher inEuropean Constitutional law at the University of Utrecht. Hisresearch deals with the question of how and to what extentthe attitude of the EU towards the international legal ordercan help explain and reinforce the organization’s innerconstitutional make-up. He has published several peer-reviewed papers on this issue. His recent publications include“The Autonomy of EU Law: More is Less?” in R.A. Wessel andS. Blockmans (eds.) Between Autonomy and Dependence: TheEU Legal Order Under the Influence of InternationalOrganisations (The Hague: Asser Press/Springer 2013).

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University College Dublin

University College Dublin (UCD) is one of Europe’s leadingresearch-intensive universities where undergraduate education,postgraduate masters and PhD training, research, innovation andcommunity engagement form a dynamic continuum of activity.The university was established in 1854 by John Henry Newmanwhose classic work The Idea of a University is one of the mostenduring texts on the value of higher education and a source ofinspiration for UCD’s current educational philosophy.

Today UCD is Ireland’s largest university with almost 25,000students. The role of UCD within Irish higher education isunderscored by the fact that UCD alone accounts for over 30% ofinternational students, over 25% of all postgraduate students andalmost 28% of all doctoral enrolments across the seven Irishuniversities.

UCD is the national leader in research funding, attracting qualityinvestment that has helped the university to establish areputation as a world-class destination for leading researchers.The international standing of UCD has increased rapidly in recentyears and the university is currently ranked within the top 1% ofinstitutions world-wide by the Times Higher Education rankings.

UCD Sutherland School of LawUCD Sutherland School of Law has been delivering educationalprogrammes and research activity for over a century and wasidentified by the authoritative QS World University Rankings asbeing amongst the world’s one hundred and fifty leading lawschools in 2013. The School’s teaching and research activities arecharacterised by successful programmes of international andinterdisciplinary engagement at the forefront of contemporaryunderstandings of law. The School offers both general andspecialised masters programmes for law and non-law graduates.Specialised Masters in Laws (LLM) programmes include those inCommercial Law, Intellectual Property and InformationTechnology Law and the interdisciplinary programmes in HumanRights, European Law and Public Affairs and Criminology (LLM orMSc). LLM students have a study abroad option leading towardsthe award of a Certificate in Comparative, International andEuropean Law (CIEL). The School also offers the two year Mastersin Common Law (MCL) for non-law graduates. The Schoolattracts many international students to its structured PhDprogrammes in Law and in European Law and Governance. Thelong-standing Diploma programmes in Arbitration andEmployment Law offer the possibility of developing newprofessional expertise and have recently been complemented bynew programmes in International Financial Services Law andRegulatory Governance. The programmes are complemented byour provision of continuing professional development (CPD)training through the UCD Centre for Commercial Law.

The School’s outstanding reputation for research spans most ofthe main fields of law. The interdisciplinary and internationalcharacter of much of the School’s research is reflected in theschool’s main research centres, the UCD Institute of Criminologyand the UCD Centre for Regulation and Governance and ingroups addressing human rights and constitutional studies.Research in the School has a key role both in influencing thedevelopment of the legal system and in informing public policy,for example in the scrutiny of governmental activities in the fieldof human rights, employment law reform and the codification ofthe criminal law. The leading Irish law journal, the Irish Jurist, andLegal Studies, the journal of the Society of Legal Scholars ofUnited Kingdom and Ireland, are both edited in the School.

If you have any queries please feel free to email Deirdre Norris (deirdre.norris@ucd.ie)

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