elsa 40 years vienna summit

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ELSA ALUMNI TOWARDS A JUST WORLD - LEADING BY EXAMPLE ELSA 40 YEARS VIENNA SUMMIT RULE OF LAW CONFERENCE 11 – 14 NOVEMBER 2021

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ELSA ALUMNITO WA R D S A J U S T W O R L D - L E A D I N G BY E X A M P L E

ELSA 40 YEARS VIENNA SUMMIT

RULE OF LAW CONFERENCE

11 – 14 NOVEMBER 2021

CONTENT

Experience the future of law, today

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TIMETABLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

PREFACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

RULE OF LAW CONFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18

SPEAKER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26

THE FOUNDING OF ELSA IN 1981 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42

EVENTLOCATIONS & HOTEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48

INFORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50

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10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 00:00

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Reception by the Federal Minister Karoline Edtstadler (18:00 – 20:00)

Conference Rule of Law (13:00 – 18:00)

Gala Reception & Dinner (19:00 – 01:00)

ELSA Alumni General Assembly (09:30 – 12:00)

Farewell Brunch (10:00 – 13:00)

Dinner & Get together (19:00 – 02:30)

01:0009:00

11 – 14 November 2021

11 November 18:00-20:00Reception by the Federal Minister Karoline EdtstadlerFederal Chancellery of Austria, Ballhausplatz 2, 1010 Vienna

12 November 13:00-18:00Conference Rule of Law WKÖ, Wiedner Hauptstraße 63, 1040 Wien

12 November 19:00-02:30Dinner & Get together WU Mensa, Welthandelsplatz 1, 1020 Vienna

13 November 09:30-12:00ELSA Alumni General AssemblyWirtschaftsuniversität, Welthandelsplatz 1, 1020 Wien

13 November 19:00-01:00 Gala Reception & DinnerPalais Ferstel, Strauchgasse 4, 1010 Wien

14 November 10:00-13:00Farewell BrunchCourtyard by Marriott Vienna, Trabrennstraße 4, 1020 Wien

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ELSA 40 YEARS VIENNA SUMMIT

11 – 14 November 2021

In 1981, the European Law Students Association (ELSA) was founded in Vienna by law students from Germany, Hungary, Poland, and Austria. Today, this organisation represents more than 60,000 students in 44 countries and has grown to the largest independent law student’s association in the world. ELSA is also recognised by international organisations such as the Council of Europe and the UN. Lawyers of many generations have been active in ELSA and today work successfully in all legal professions, politics and business.

The highlight of this anniversary is the conference on „Rule of Law“ taking place on 12 November this year. An attractive social programme will complement this conference.

Since its foundation, ELSA has been committed to the principles of democracy and the rule of law. This is also reflected in the conference programme. About 500 lawyers of all generations from all over Europe are expected. The entire conference will be broadcast on the internet and is intended to have a broad impact on society.

In addition, representatives of the press and specialised media will be invited as well as various organisations of the legal profession.

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“Austria is a democratic republic. Its law emanates from the people.” This is Article 1 of the Austrian Federal Constitution. This and the other articles form the foundation which governs Austria as a constitutional state and sets out how people live together in Austria – the Austrian Federal Constitu-tion serves as a model for many other constitutions in Europe.

The separation of powers is anchored in law. However, the functioning of our constitutional state requires that citizens of different political views and professional backgrounds actively participate and engage in a common dialogue about how to protect and develop it. Such dialogue can sometimes be contradictory and controversial. Only as long as we are aware of the great responsibility of maintaining this dialogue, can we strengthen the rule of law, which is indispensable for peaceful and functioning coexistence. It is therefore all the more gratifying that many young people choose to study law: lawyers and legal experts play a decisive role in the functioning of a modern state.

In addition to studying, further education and networking are central elements of personal and professional development. The European Law Students’ Association - ELSA, a politically independent, non-profit or-ganization of students for students and graduates of law, plays a central role here. For 40 years now, ELSA has served as a liaison and contact point for its members, facilitating international contacts and projects as well as providing insight into various legal systems within Europe. On the occasion of ELSA’s 40th anniversary, I would like to offer my sincere congratulations and thanks for its tireless commitment. I wish the association as well as all responsible persons and members all the best for the future.

Alexander SchallenbergChancellor

ALEXANDER SCHALLENBERG

Dear ladies and gentlemen, dear members of ELSA and Alumni, First of all, I would like to congratulate you all on the 40th anniversary of ELSA.

As Federal Minister for the EU and the Constitution, it is a great pleasure and honour for me that this anniversary is celebrated in Vienna. It is not by chance, as ELSA was founded right here in Vienna 40 years ago.

ELSA is a network of enormous importance. In 44 national groups, but above all in international exchange, law students and alumni contribute significantly to the further development of democracy, the rule of law and human rights.

These values are the cornerstones of the European Union. I would therefore like to invite you all to participate in the Conference on the Future of Europe. Let us shape a future-oriented European Union together.

I wish you all the best for the anniversary celebrations and at the same time thank you for your very valued contribution!Yours sincerely,

Karoline EdtstadlerFederal Minister for the EU and Constitution

KAROLINE EDTSTADLER

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Dear ladies and gentlemen, dear members of ELSA and fellow Alumni,

I am delighted for the opportunity to congratulate you on the 40th anniversary of ELSA and for being part of this remarkable event.

ELSA’s vision of a just world in which there is respect for human dignity and cultural diversity has not lost any of its relevance. Today, we face constant challenges and threats to the rule of law, which is the corner stone of a democratic and free society. This principle does not only protect minorities but is essential for every member of society.

In tim es of division and global crises, it is all the more important to have an international network such as ELSA holding up those values and continuing to promote a culture of solidarity, transpar-ency and diversity.

I wish you all the best for your future endeavours and the upcoming anniversary celebrations!

Yours sincerely,

Drin Alma Zadić, LL.M.Federal Minister of Justice

ALMA ZADIĆ

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In 1981 when ELSA was founded, Europe was divided by ideol-ogies and separated by an iron curtain. And it was in Austria and in Vienna where, despite this division, Europe’s dialogue and the common search for a new democratic Europe started. It was therefore no coincidence that it was precisely at this time that a European youth student organization was founded in Vienna. At that time ELSA was already a symbol for the striving for a common Europe based on the rule of law and democra-cy, even though at that stage this goal still seemed utopian.

40 years later we live in this democratic und united Europe, which fills me and so many Europeans with deep gratitude. At the same time this democratic and united Europe, the values and principles that bind us together, the strong pillars upon this Union is built need to be nurtured and protected. As lawyers, we are particularly committed to upholding the rule of law. It is not just the current developments in some Member States, which are a cause for concern and which remind us that we need to be vigilant to any developments which may undermine these strong foundations. This is precisely why ELSA is as important today as it was when it was first founded.

ELSA’s vision, namely the pursuit of a just world where respect for human dig-nity and cultural diversity prevail, was always inspirational for me. Equally, the people, the bright young lawyers I had the privilege to meet, work with and in many cases also become friends with have been an even bigger source of inspiration and something I am still grateful for today. I therefore wish ELSA, its representatives and all those who are involved in and for ELSA all the best so that you continue to have the amazing energy and spirit that is so typical and vital for this organization.

Susanne RaabFederal Minister or Women, Family, Youth and Integration

SUSANNE RAAB

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ALEXANDRU CAPRAU

Dear ELSA members, Dear ELSA Alumni members, Dear Friends,

on behalf of ELSA Austria I am very pleased to welcome you in Vienna. This year our association, which we all love and appreciate, celebrates its 40th anniversary. You will be able to participate in the Rule of Law Conference and many other events in the magical city of Vienna.

Take the opportunity to see old friends again, meet the new gener-ation of ELSA members and get in touch with people from all over Europe. The Vienna Summit is a unique opportunity to meet the industry, network and discuss current professional topics.

I hope we have the chance to talk! Stay safe and healthy!

Best Regards

Alexandru Caprau President 2021/22, ELSA Austria

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“In a world divided by differences of nationality, race, colour, religion and wealth the rule of law is one of the greatest unifying factors, perhaps the greatest, the nearest we are likely to approach to a universal secular religion.” Tom Bingham, The Rule of Law

As we are all aware, the meaning and value of the Rule of Law is in dis-pute across Europe and around the world. The World Justice Project Rule of Law Index 2020 reports a 5-year decline in international respect for the principle, particularly regarding constraints on Government powers. So, a conference exploring the meaning and operation of the Rule of Law in Europe is timely. It is in this context that the European Commission Report ‘Strengthening the Rule of Law within the Union: State of play and possible next steps (2019)’ encourages greater co-operation and debate

ANDY UNGERPR

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Eto uphold it. We as ELSA lawyers must respond. To be upheld and respected, the Rule of Law needs to be understood by citizens, which is why ELSA and ELSA Alumni are launching the Rule of Law Education (ROLE) Campaign, a Campaign aimed at making a tangible contribu-tion to the ELSA Vision: promoting a just world in which there is respect for human dignity and cultural diversity. The Campaign will invite ELSA students and Alumni to come together, to organise and offer public legal education projects on the Rule of Law at local and national levels. The Campaign will be introduced to you during the Conference. This conference is also an opportunity for us as citizens and lawyers to refresh and deepen our commitment to the Rule of Law ourselves and to take concrete ac-tion by offering our support to the ELSA ROLE campaign. As you can see, many of the speakers are ELSA Alumni and all of them have experience of the practice of Law at the highest level, as Judges, Minis-ters, Officials, Academics and Partners in Law Firms. It’s been a long time since we last had the chance to come together in person, so we hope you enjoy it.

Best wishes and welcome to Vienna, Andy UngerAcademic Director of the ELSA 40th Anniversary Celebration Rule of Law Conference

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SPEAKERS

RULE OF LAW CONFERENCE

Friday 12 November 2021, 1pm-6pm

Chamber of Commerce, 1040 Vienna, Wiedner Hauptstraße 63

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• Formal welcome and opening of the ELSA 40th Anniversary Celebration

• Keynote Speech

• Panel response and discussion of the relationship between Democracy, Good Government and the Rule of Law, reflecting on the current state of the Rule of Law in different countries around the World, taking into account challenges to the Independence of the Judiciary and the impact of Technology and the Coronavirus Pandemic.

INITIAL PLENARY SESSION (1.00 PM)

Welcome & Session on Democracy, Good Government and the Rule of Law

• Alma Zadić Federal Minister of Justice, Austria

• Tuomas Pöysti Chancellor of Justice, Finland

• Georg Krakow DLA-Piper and Transparency International, Austria

• Alexandru Caprau President ELSA Austria

• Andy Unger Associate Professor and Head of the Law Division at London South Bank University

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CEPLENARY 2 (1.45 PM)

This session will debate the role of business in supporting the Rule of Law in the context of the UN Sustainable Development Goals, the UN Global Compact, the UN Guiding Principles on Business & Human Rights and the UN Business for Rule of Law Framework.

It will provide an opportunity to hear from Corporate Counsel and leading Commercial Law Firms on the impact of human rights and Rule of Law on the practice of commercial law, including the impact of the UNGP on Law Firms themselves (see IBA Practical Guide on Business & Human Rights for Business Lawyers).

Business and the Rule of Law

• Marlene Halikias Grant Thornton, Austria

• Wojciech Wiewiórowski European Data Protection Supervisor

• Moritz Am Ende Partner Schima Mayer Starlinger attorneys-at-law

• Barbara Seelos Austrian Competition Authority

• Kolfinna Tómasdóttir Legal Affairs Trainee at EEA & Norway Grants in Brussels

HAPPY BIRTHDAY, ELSA!

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The Rule of Law and effective anti-corruption measures underpin the necessary con-ditions for stable trade and investment. See UN GA Res 69/115. and UN Convention against Corruption. This session will debate efforts to tackle corruption and promote the Rule of Law within the UN, the WTO, the OECD and national jurisdictions.

BREAKOUT SESSION 1A (2.30 PM)

Trade, Corruption and the Rule of Law

• Bojan Fras, Vice Governor, Croatian National Bank

• Marc Lager, Jank Weiler Operenyi Rechtsanwälte, Austria

• Jonas Enkegaard, Partner Horten Copenhagen

SPEAKERS

SPEAKERS

Panel discussion on the challenges and opportunities that globalization poses for the Rule of Law. The concept of the Rule of Law has been developed in the context of individual sover-eign states and enshrined in national constitutions, but globali-zation has taken power away from individual states.

How can the Rule of Law be protected when the largest corporations have greater wealth and bigger economies than most states and countries have ceded significant sovereignty to powerful supranational bodies such as the WTO. The panel are asked to consider whether any form of global constitution is possible or desirable and how the Rule of Law can be best protected in the future.

BREAKOUT SESSION 2A (2.30 PM)

Session on Globalization and the Rule of Law

• Siniša Rodin Justice of the European Court of Justice

• Jörg Karenfort Dentons, Germany

• Nana Narmin Aliyeva Governmental Advisor & Entrepreneur

• Veronika Bilková Member of the Venice Commission of the Council of Europe

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This session will discuss the relationship between the Rule of Law, respect for Human Rights and Public Legal Educa-tion. It will also introduce and discuss the new ELSA Alumni Rule of Law Education Project.

ROLE aims to teach adolescents in their most formative age interactively about systemic fairness and justice through law students giving them the knowl-edge, skills, dispositions, and confidence to engage on and advocate for improved Rule of Law in their communities.

PLENARY 3 (4.00 PM)

The Rule of Law, Human Rights and Public Legal Education (inc. ELSA Alumni ROLE Project)

• Thérèse Prisse Business and Project Development Manager

• Francisco Arga e Lima, President ELSA International

• Michael Abiodun Olatokun, Head of Public and Youth Engagement, Bingham Centre for the Rule of Law

• Didier Reynders, European Commissioner for Justice (Video)

„In a world divided by differences of nationality, race,

colour, religion and wealth the

rule of law is one of the greatest

unifying factors, perhaps the great-

est, the nearest we are likely to

approach to a universal secular

religion.“ Tom Bingham, The Rule of Law

FINAL PLENARY SESSION (4.45 PM)

The European Commission Report ‚Strengthening the Rule of Law within the Union: State of play and possible next steps (2019)‘ offers a definition of the rule law and encourages greater co-operation and debate to uphold it. This session will explore national traditions of the Rule of Law, Etat du droit and „Rechtsstaat“ across Europe and consider whether they present any obstacles to efforts to maintain respect for the rule of law in Europe.

National Traditions of the Rule of Law in Europe: conflict or consensus?

SPEAKERS

• Christine Pesendorfer, Head of the European and International Rights Department, Human Rights Protection, Federal Chancellery, Austria

• Siniša Rodin, Justice of the European Court of Justice

• Michael Flaherty, Director of the EU Fundamental Rights Agency (FRA)

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ATTORNEYS AT LAW

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SPEAKER

ALMA ZADIĆDr. Alma Zadić, LL.M. is Federal Minister of Justice of the Republic of Austria. She was a member of the Austrian Parliament and previously worked as a lawyer in an interna-tional law firm in Vienna. Furthermore, she worked at the International Criminal Tribunal for Former Yugoslavia and the International Organization for Migration and was a research scholar at the Har-riman Institute (Columbia University). She completed her doctoral studies in law at the University of Vienna and a postgraduate degree (LL.M.) at Columbia University in New York, USA.

GEORG KRAKOWGeorg Krakow is a partner and heads the Compliance and White Collar Crime practice at DLA Piper in Vienna. He is a board member of a major non-profit organization in the field of Rule Of Law and anticorruption, a lecturer at the International Anti-Corruption Academy in Laxenburg, the University of Vienna and Sigmund Freud University. He previously held a senior cabinet position at the Federal Ministry of Justice and worked as a senior public prosecutor and public prosecutor in white-collar criminal cases in Vienna. Prior to that, he worked for ten years in the private sector, including in contract law. He is author and partly co-editor of several publications in the field of criminal law, AMLregulatory law, compliance, and lobbying. As a lawyer, Georg advises and represents companies, institutions and individuals in all areas of white-collar criminal law and compliance issues. One of his main areas of expertise is the assessment and evaluation of criminal law cases through internal investigations in multidisciplinary teams. The holistic support of all necessary steps in criminal law matters is his specialty. Another focus is on shortening or completely avoid-ing lengthy proceedings in advance of trials with the help of comprehensive risk analyses and the implementation of efficient compliance systems.

INITIAL PLENARY SESSION (1.00 PM)

Welcome & Session on Democracy, Good Government and the Rule of Law

28 LAW FIRM | NORWAY www.bahr.no

Congratulations on your 40th Anniversary, ELSA!

TUOMAS PÖYSTIDr. Tuomas Pöysti, Doctor of Laws (University of Lapland 1999), Master of Laws (University of Lapland 1995), Title of Docent in Administrative law (University of Helsinki), Doctor of Philosophy h.c. (University of Lapland 2019) is since 2018 the Chancellor of Justice of the Government of Finland, the Supreme Guardian of Law in Finland. The Chancellor of Justice oversees the legality of the official action of the Government and the President of the Republic; oversees that courts of law, public authorities and all those charged with public tasks comply with the law and fulfill their duties, and ensures the realization of fundamental rights and human rights in Finland. He also oversees the professional conduct of attorneys-at-law (advocates), public legal aid attorneys and licensed attorneys. A specific remit of the Chancellor of Justice is the prior constitutionality review of draft statutes. Dr. Pöysti is decorated with the Grand Cross of the Order of the Lion of Finland (2020).

Dr. Pöysti has served as the Under-Secretary of State of Governance Policy and Digitalization & Social and Health Services Reform in the Government of Finland, the Auditor General of Finland, and Member and Chairman of the Supervisory Committee of the European Anti-Fraud Office OLAF at the European Commission. Prior to 2007 he worked in the Ministry of Finance, Finland, and in academia at the Law Faculties of Universities of Helsinki and Lapland. He actively carries out academic research and teaching in European administrative, information and ICT law. As a law student, Pöysti was President of ELSA Rovaniemi 1992, SecGen of ELSA Finland 1993, President of ELSA Finland 1994 and Treasurer of ELSA International 1995.

ALEXANDRU CAPRAUAlexandru Caprau is the President of ELSA Austria and a final year law student at the University of Vienna. He started his ELSA Journey back in 2017 as a member of ELSA Vienna. He was a Director for Study Visits and the Vice President in charge of Seminars & Conferences of ELSA Vienna. Last year he was the Vice President in charge of Seminars & Conferences of ELSA Austria. Next to his ELSA engagement, he is a Trainee Student at Weber & Co. Attorneys at Law and has completed internships at Wolf Theiss Attorneys at Law and Dentons Europe. He is interested in Corporate Law, Data Protection Law and European Law. He and the Board of ELSA Austria are looking forward to meeting you in Vienna.

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ANDY UNGERAndy Unger is an Associate Professor and Head of the Law Division at London South Bank University. He teaches International Human Rights Law and Law & Technology.

His interest in Human Rights and the Rule of Law dates from the period of the fall of the Berlin Wall (1989) and the end of State Communism in Europe, when, working with ELSA colleagues, he saw at close hand the efforts to reconstruct the constitutions and legal systems of Central & Eastern Europe and the Former Soviet Union. He was a founding member of ELSA UK and the first President of ELSA Alumni.

His first ICM was Malta 1987, where he met and became life-long friends with Sinisa Rodin and Bojan Fras. Together, and with other members of ELSA Zagreb, they ran an ELSA Summer School in Dubrovnik and later Zadar. He is looking forward to meeting good friends old and new in Vienna.

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MARLENE HALIKIASMarlene Halikias is partner and Head of Advisory at Grant Thornton Austria leading a dedicated advisory team in the field of business consult-ing, risk management, transaction and restructuring services as well as forensic and cybersecurity services. She is a certified auditor, tax advisor, court-certified expert witness as well as business consultant and has been advising companies for more than 14 years. Marlene specialises in the field of valuation, blockchain and audit-related services.

Her project experience includes various valuation occasions, such as company valuations, purchase price allocations, valuation of intangible assets as well as the valuation of cash compensations of exiting sharehold-ers. Marlene is an expert in accounting standards with long experience in leading audit engagements of year-end and special purpose financial statements according to UGB and IFRS of major Austrian companies. Marlene holds a master degree in business administration from the Vienna University of Economics and Business Administration (WU).

MORITZ AM ENDEMoritz Am Ende is a German attorney (admitted to the bar in Frankfurt am Main) and, since 2015, enrolled in the list of established European attorneys of the Vienna bar. He is a partner at SMS.law, where he advises and rep-resents Austrian and international clients, many from the media or energy business, on matters regarding competition law, State aid law, energy law, as well as EU/EEA law in general. Before his career in private practice, he served for five years as chef de cabinet of the President of the EFTA Court (Luxembourg). He has published on a wide range of issues of European economic and business law; inter alia, he is a co-author of the section on the procedure before the European courts for the prestigious Munich Com-mentary on European and German Competition Law.Moritz is a Founding Member of ELSA Luxembourg and has served as President of ELSA Alumni Deutschland e.V. and President of ELSA Lawyer’s Society (ELS).

PLENARY 2 (1.45 PM)

Business and the Rule of Law

BARBARA SEELOSDr. Barbara Seelos, MBA is Deputy Head of Staff at the Austrian Competition Agency. She has extensive experience in the field of cartel enforcement, market inquiries and international affairs. She is one of five team leaders of cartel inspections. Former professional stages brought her to the European Court of Justice in Luxemburg, the legal department of the Ministry of Economy and working on different expert projects with the European Commission. She studied in Innsbruck, Vienna, Taipei and California (UC Berkeley, Cal Lutheran). Her dissertation focused on IT forensic tools of cartel enforce-ment agencies and the relationship with fundamental rights like privacy, data protection and privilege against self-incrimination. During her time at the UC Berkeley, she com-pared the cartel enforcement tools and the legal protection systems of the US, the EU and Austria. She is expert lay judge at the Federal Administrative Court for procurement law. Additionally, she is author of numerous publications.

KOLFINNA TÓMASDÓTTIRKolfinna Tómasdóttir holds an MA degree in International Law and the Settlement of Disputes from the United Nations mandated University for Peace along with mag. jur. and a bachelor’s degree in law from the University of Iceland. She is also finishing a diploma in Middle-Eastern Studies from the same university. Kolfinna is currently a Legal Affairs Trainee at EEA & Norway Grants in Brussels, Belgium. Alongside her work she is a board member of the Association of Icelandic Students Abroad (SÍNE) and a deputy board member of the Icelandic National Broadcasting Service (RÚV).

Before moving to Brussels, Kolfinna was a Legal Intern at the Iceland Chamber of Com-merce and the Icelandic Association of Local Authorities as well as having been a youth representative for Iceland appointed by the Icelandic Women’s Right Association. Further-more, Kolfinna was a board member of Young Professional Women in Iceland and a board member of the UN Women Youth Council in Iceland as well as having been the Interna-tional Secretary of Orator law student’s association, President of the Nordic Law Students Association (Nordiska Sekretariatet) and a re-founder and President of ELSA Iceland.

Kolfinna’s interest in law, business, human rights and international affairs have led her to write multiple articles on related matters as well as focusing her studies on it, but her master’s thesis in law was on effectiveness and unintended consequences of sanctions with a focus on North-Korea, Russia and the Taliban.

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WOJCIECH RAFAŁ WIEWIÓROWSKIWojciech Rafał Wiewiórowski is the European Data Protection Super-visor (EDPS) from 5 December 2019. Doctor habilitatus of Laws, PhD 2000. Adjunct professor in the Department of Legal Informatics at the University of Gdansk. 1996-2004 worked for law publishing and co-au-thored legal information retrieval systems. He also taught European and constitutional law at the Gdansk School of Public Administration and Gdansk University of Technology. 2006-2008 Wiewiórowski served as an advisor on e-government in the political cabinet of the Minister of In-ternal Affairs and Administration and then as Director of the Department of Informatisation in the Ministry of Internal Affairs and Administration (2008-2010), and by virtue of this position he also became Secretary of the Committee of the Council of Ministers for Informatisation and Communications. In 2010 he represented Poland in the Committee on Interoperability Solutions for European Public Administrations at the European Commission (ISA Committee).

European Data Protection Assistant Supervisor (2014-2019). From Febru-ary to November 2014, he served as Vice-Chair of the Article 29 Working Party (currently known as the European Data Protection Board). Wiew-iórowsk’s main research interests include Polish and European law of new technologies, information processing and cybersecurity, LegalTech, infor-matisation of public administration, development of legal information re-trieval systems, personal data protection, and application of semantic web and artificial intelligence in legal information processing. He is co-author of works in this field and of the textbook „Legal Informatics. Information technology for lawyers and for public administration“. In January 2021, he was awarded a habilitation degree on the basis of a series of studies under the collective title: „Legal guarantees of sustainable information process-ing in the era of Big Data“ published between 2008 and 2019.He is a member of the programme committee of the journals The European Data Protection Law Review and the Scientific Quarterly Electronic Media Law. He is a member of the Polish European Law Association and the Scientific Association of the Law and Information Centre.1991-1997 Member of the European Law Students‘ Association ELSA (Vice President for Academic Activities 1992-94 and SecGen 1994-95 of the national board, and direc-tor for IT in the International Board 1995-97). 2000-2002 President of the ELSA Lawyers’ Society (ELSA alumni association).

BREAKOUT SESSION 1A (2.30 PM)

Trade, Corruption and the Rule of Law

BOJAN FRASBojan Fras was appointed Vice governor of the Croatian National Bank by the Croatian Parliament on 5 July 2013 and was reappointed for the second term of office as Vice governor on 12 July 2019. Mr Fras coordinates and oversees legal function and the monitoring of con-sumer protection at the Croatian National Bank. He is also involved in regulatory work, including with regard to the implementation of EU legislation in the fields of banking and finance. Before joining the Croatian National Bank Mr Fras spent his entire professional career as a practicing lawyer and was a co-founding partner of Žurić i Partneri, one of the leading commercial law firms in Croatia, where he remained active as partner until appointment to the current position. During that period, he regularly advised local and international companies and financial institutions in their Croatian dealings, primarily in relation to banking, financing, investment and M&A legal work. Mr Fras also frequently acted in commercial disputes, including international arbitration. He was the principal legal advisor and leader of legal teams on a number of financing, investment and infrastructure projects in Croatia, as well as on bank privatization assignments in the re-gion. Mr Fras graduated from the Faculty of Law in Zagreb with a degree in Law in 1988.

MARC LAGERMarc is the head of the global trade and competition/antitrust group in the Vienna office of Deloitte Legal. He has more than 15 years of experience (11+ years PQE) in all aspects of EU antitrust law, EU & US trade and sanctions law, and general compliance. He has extensive ex-perience in leading delicate cross-border compliance investigations and has advised numerous international clients on setting up and implementing compliance systems and conducted related trainings. Prior to joining Deloitte Legal in 2020, Marc was a partner at Baker McKenzie where he was a key member of the global Internation-al Commercial & Trade and Competition/Antitrust groups and lead global initiatives. He is a featured speaker at international conferences, author of numerous books and articles on EU competition law and EU trade law.

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BREAKOUT SESSION 2A (2.30 PM)

Session on Globalisation and the Rule of Law

SINIŠA RODINBorn 1963 in Zagreb (Croatia), Siniša Rodin obtained his law degree from Sveučilište u Zagrebu (University of Zagreb, Croatia) in 1987 and continued his university studies in the United States of America, where he obtained a Master of Laws from the University of Michigan in 1992. Returning to Croatia, he continued his studies at Sveučilište u Zagrebu, where he became a Doctor of Laws in 1995. From 2001 to 2002, he was a Fulbright Fellow and Visiting Scholar at Harvard University, USA. He began his professional career in 1987 at Sveučilište u Zagrebu as a tenure track professor. Since 2003, he has been a Professor of EU law at Sveučilište u Zagrebu, where, in 2006, he was awarded the Jean Monnet Chair, of which he became an ad personam holder in 2011. In 2012, he became a visiting professor at Cornell Law School, USA. During his university career, Mr Rodin published numerous works that contributed to the dissemination of EU law in Croatia. Between 2006 and 2011, Mr Rodin was a member of the Croatian team that defined the negotiating framework and the process regarding the accession of Croatia to the European Union whilst also being, from 2009 to 2010, a member of the Croatian Constitutional Amend-ment Committee and President of the working group on Croatia’s EU member-ship. The first Croatian judge to be appointed at the Court of Justice, Mr Rodin has served as a Judge at the Court since 4 July 2013.

VERONIKA BÍLKOVÁVeronika Bílková is associate professor in international law at the Faculty of Law of the Charles University and the head of the Centre for International Law at the Institute of International Relations in Prague. She is member of the European Commission for Democracy Through Law (Venice Commission) of the Council of Europe and of the Managerial Board of the EU Fundamental Rights Agency on behalf of the Czech Republic. She is also the Vice-President of the European Society of International Law and the chair of the Committee for Hu-man Rights of Older Persons under the Czech Government’s Council for Human

Rights. She has authored several books and more than 100 articles in Czech, English and French on international law (mainly the use of force, international humanitarian law, international criminal law, and human rights) and international relations (mainly security topics and the UN).

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T +43 1 877 55 43E [email protected]

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UNIQUE relations – die ausgezeichnete Agentur für Preisträger und solche, die es werden wollen.

„Wer sich im Dreieck Wirtschaft – Medien – Politik bewegt, sollte wissen, wovon er spricht.“ Josef Kalina, UNIQUE relations

JÖRG KARENFORTDr. Jörg Karenfort, LL.M. (LSE), is former President of ELSA Germany (1991/92), Member of the ELSA Alumni Advisory Board and Global

Head of the Competition and Antitrust practice group (Berlin/Brussels). He advises clients in European and German competition and regulatory, including on ESG matters. Jörg has comprehensive expertise in dealing with German and European merger control as well as in cartel and abuse of dominance proceedings before European and national competition authorities and courts. He also advises national and international compa-nies and trade associations in connection with compliance issues and regulatory proceedings both at national and EU level. Jörg is an experienced litigator in complex competition cases and an expert for com-plex settlement matters. Jörg is a lecturer on EU and German Competition Law at the University of Potsdam and regularly publish-es on EU and national competition and reg-ulatory matters. Jörg is also Co-Founder and CEO of YUVEDO Foundation, a non-profit organization fighting for better cure and care for neurodegenerative diseases such as Parkinson and Dementia.

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Fort Worth, Texas

U.S.A.

Master of Laws (LLM)

NANA NARMIN ALIYEVANana Narmin Aliyeva is a lawyer, governmental advisor and former restaurant owner. As a Schwarzman Scholar, Nana earned her master of Management Science in Global Affairs degree from the University of Tsinghua in Beijing, China and a bachelor of Laws from Baku State University in Baku, Azerbaijan where she worked on restructuring of the traditional Students’ Organisation to create a more agile platform for students during her term as vice-chairperson. In 2017, she became the first person from Azerbaijan to be elected as Secretary General of ELSA – the largest young lawyers’ association in the world. After completing her term in Belgium, Nana managed multiple government projects in Azerbaijan in youth policy implementation at the Youth Foundation as well as increasing youth employment in agriculture at the United Nations Food and Agriculture Organisation. Additionally, Nana has experience in the field of de-fense and security working mainly in the UK. To nurture her creativity, in 2019 she created a signature restaurant in Baku. Nana is currently working on several entrepreneurial projects and the law blog which she co-founded in 2018. She is very passionate about the topics of women’s empowerment and the effects of globalization alongside performing arts and Russian literature.

The Rule of Law, Human Rights and Public Legal Education (inc. ELSA Alumni ROLE Project)

FRANCISCO ARGA E LIMAFrancisco Arga e Lima is the current President of the International Board of ELSA, being active in the Association for the past five years, both locally and nationally. Originally from Portugal, he has a Bachelor of Law and is currently a Ph.D. candidate at NOVA School of Law, in Lisbon, Portugal, focusing on European Law and Data Protection. Additionally, he is a member of the NOVA Consumer Lab and was a member of the Por-tuguese Presidency team of the European Council at the Working Party on International Environmental Issues, as well as an observer at the Small Intersessional Working Group of the Basel Convention on Technical Guidelines for the Environmentally Sound Manage-ment of Wastes containing or contaminated by Mercury. Lastly, he was an intern at the Court of Justice of the European Union, at the office of Judge Nuno Piçarra.

DIDIER REYNDERSA father of four, Didier Reynders was born in Liège on 6th August 1958. In 1981, he obtained a degree in law at the University of Liège. Guest lec-turer at the universities of Liège and Louvain, he has never really left the academic life until he became on 1th December 2019 European Commis-sioner for Justice. After presiding the Belgian railways and the Belgian Air-ways Agency, he was elected Deputy Chairman of the PRL (Liberal party), before becoming a Member of Parliament in 1992. On 12th July 1999, he became Minister of Finance (until 6th December 2011) and, on 18th July 2004, (concurrently) Deputy Prime Minister (until 30th November 2019). He was Chairman of the Mouvement Réformateur (liberal party alliance) from 11th October 2004 until 14th February 2011. He was Minister of Foreign Affairs, Foreign Trade and European Affairs from 6th December 2011 until 11th

October 2014. He became Minister of Foreign Affairs and European Affairs, in charge of Beliris and Federal Cultural Institutions on 11th October 2014 (until 30th November 2019). He has also been Minister of Defense since 9 December 2018. Since 1th December 2019 he is European Commissioner for Justice, in charge of Rule of Law and Consumer Protection.

PLENARY 3 (4.00 PM)

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MICHAEL ABIODUN OLATOKUNMichael Olatokun is a lawyer, academic and campaigner committed to helping the most marginalised groups in society to change the world. He leads the Public and Youth Engagement Programme of Bingham Centre for the Rule of Law (BIICL), supervising the volunteers in teaching schoolchildren across the country about law and politics. He is Course Director of ‚Citizenship and the Rule of Law‘, an online hu-man rights course run by BIICL in collaboration with the University of London. Outside of the Bingham Centre, Michael is a Lecturer in Law at London South Bank University.

Prior to joining the Bingham Centre Michael worked as a political organ-iser encouraging young people and disenfranchised groups to participate in public life. He has led voter registration projects that have success-fully registered hundreds of thousands of first-time voters, working with the Cabinet Office in the UK and other partners to promote voter engagement in the run-up to the 2016 European Union Referendum. The University of Nottingham gave Michael an‚ Alumni Laureate Award‘ to recognise his democratic engagement work and he was named a (fee-waiving) Fellow of the Royal Society of the Arts in 2017.

Outside of his citizenship work, Michael has been a non-executive director of four charities. He has also served as an advisor of public education authorities. Michael works together with ELSA and ELSA Alumni in the Rule of Law Education (ROLE) Programme.

Michael has a personal webpage. This can be viewed at abiodunolatokun.com.

THÉRÈSE PRISSEThérèse was VP Activities in the International Board of ELSA that was responsible for ELSA’s mission statement of ‘A just world in which there is respect for human dignity and cultural diversity’ (1991-1992). After being a corporate commercial attorney at Trenité van Doorne lawyers in Rotterdam for four years, Therese joined Shell International. While she worked as company lawyer for 3 years, she found she en-

joyed most the commercial angle to business and project development. Since, she has been a commercial ad-visor as well as business and project development manager at Shell Inter-national new business development departments for 21 years. In this ca-pacity she has negotiated contracts for sustainable partnerships with governments and other companies in North and sub-Saharan Africa, the Balkans and the Middle East. Lately, she delivered new energy projects in Europe (latest in the offshore wind business), conducted assurance on large deals and developed young commercial staff.

Recently she has decided to apply her skills and experience in the ecosystem restoration sector and is transitioning there, taking courses at Wageningen University, and building her network. At the same time, she is enjoying setting up the Rule of Law Education (ROLE) project on be-half of ELSA Alumni. She is responsi-ble for creating the curriculum, secu-ring funding and helping ELSA with implementation frameworks and tools for ROLE. Feeling honoured to work on such a wonderful project for grassroots legal empowerment she looks for wide support and an even wider reach to young people everywhere.

Jung, digitalunterwegsund weiblich. Der Notar* ist auch nichtmehr das, waser mal war.

* Und die Notarin schon gar nicht.

Inserat ELSA_74x105.indd 1Inserat ELSA_74x105.indd 1 14.10.2021 14:09:3514.10.2021 14:09:35

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National Traditions of the Rule of Law in Europe: conflict or consensus?

CHRISTINE PESENDORFERChristine Pesendorfer studied law at Vienna University and EUI Florence, Doctor of Laws (1982), and was Assistant Lecturer at the Institute of Public Law at Vien-na University; Legal Secretary at the Austrian Constitutional Court (1986-89); and Lecturer at the Vienna University for Business (1992–99). Since 1989 she worked in the Federal Chancellery of Austria, Constitutional Service (Verfassungsdienst) as a member of the preparation team for Austria’s accession to the EES and the EC (1989-94).She is a legal advisor on constitutional law and European law in the Federal Chancellery of Austria; she represented the Austrian Government in numerous cases before the Austrian Constitutional Court; as Permanent Agent of the Republic of Austria before the Courts of the European Union (since 1998) she intervened for the Republic of Austria in numerous cases before the ECJ. Head of Unit EC Litigation (2001-07); Head of Department Legal Affairs of European Inte-gration and International Economic Law (2007-17); Head of Departement Legal Services in the Directorate EU-Coordination (2018-2020); and Head of Depart-ment European and International Law, Protection of Human Rights (since 2020).

MICHAEL O’FLAHERTYMichael O’Flaherty is Director of the European Union Agency for Fundamental Rights since 2015. He is a former Professor of Human Rights at the University of Nottingham and the National University of Ireland, Galway. From 2004 to 2012 he was a member of the United Nations Human Rights Committee, latterly as Vice-Chair. Mr O’Flaherty has held a variety of other positions at the United Nations, both at headquarters and in the field, in which connection he witnessed, reported on, and sought to mitigate human rights abuses in such places as Bosnia and Herzegovina and Sierra Leone. He has also served as Chief Commissioner of the Northern Ireland Human Rights Commission, as Chairperson of the Irish Penal Reform Trust, and as Vice-Chair of the Universal Rights Group. A solicitor of the Irish Courts, O’Flaherty received his Doctor of Laws from the National University of Ireland and holds degrees in international relations, philosophy, and theology.

FINAL PLENARY SESSION (4.45 PM)

© F

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43

THE FOUNDING

OF ELSA IN 1981

(Maya Gomez, based on interviews with Jürgen Sattler, Wojciech Kostrzewa, Attila Tárkány Szücs, and Michael Goldinger)

Though ELSA was officially founded in 1981, its beginnings can be traced back to 1979, where relations between the students of the University of Vienna and the University of Budapest were already being held in full swing. Michael Goldinger and Ernst Wurz first raised the idea of an international organisation for lawyers in Austria, a concept modelled after the AIESEC, which at that time was already efficient in building a cross-cultural economic unders-tanding between students all over the world.

In March 1980, the still raw idea found itself being modulated in Salzburg during a ski-week of Christian Democratic students. It was met with great enthusiasm by Jürgen Sattler, who was the speaker of the „Bundesfachtagung Jura“ in Germany. He had also obtained the OK of the national board of the „Ring Christliche De-mokratischer Studenten“ (RCDS) to push this idea further.

At the same time, there was a strong interest in Hungary to expand the contact with western universities - this under the title of a „scientific exchange“ to shield their cooperation with the western Universities from conflicting with their communist government.

Meanwhile, in Poland, the independent student organisation NZS had been developed as part of the highly political Solidarnosc movement. Independently of the NZS, so-called scientific student clubs were active, dedicated to legal issues including human rights in the context of the study of law and from there also sought in-ternational contacts. Wojciech Kostrzewa was a member of the scientific student club at Warsaw University and of NZS.

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transpired at the Hotel Regina. The conference was held in German, which at the time was ELSA‘s official langua-ge alongside English. Above all, Ernst Wurz was then chairman of the Natio-nal Union of Students at the Univer-sity of Vienna, tried to involve other Western organisations since he feared the dominance of those countries un-der the control of the Soviet Union. For this reason, Swiss representatives were also invited, who then also parti-cipated in Vienna.

Intense negotiations led by Michael Goldinger dominated the founding congress in Vienna. The goal was to agree on party political independence, while above all, cooperating on a pro-fessional level and still feeling connec-ted to the shared values that were to be included in the agreement. To make matters more complicated, the Polish delegation led by Wocieck Kostrzewas could not join the congress in Vienna, as they had not received any pass-ports. Despite the unforeseen difficul-ties, a joint paper was finally drawn up between Germany, Austria and Hun-gary, the official founding document of the ELSA.

The Swiss delegation never signed the document due to its lack of Christian Democratic values. A practical agree-ment was made with Attila, but under the instructions of the Hungarian mi-nistry, he was denied permission to

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In November 1980, Attila Tárkány Szücs invited various student representatives of Law faculties to Budapest, where they would continue to seek closer interna-tional cooperation within the framework of a „scientific cooperation“. The Dean of the faculty of law, who was, by all me-ans, a member of the communist party, thoroughly supported this initiative. The Hungarian secret service was officially informed about the cooperation, and it was assumed that the KGB had undoub-tedly been notified of this unusual course of events.

Official representatives from Austria, Germany, Poland, Czechoslovakia, and the DDR were invited. Throughout this event, it quickly became apparent that there were rather notable differences between the visions of the German re-presentatives and those representing the communist organisations of the GDR and Czechoslovakia. And it became increa-singly clear that only a party-indepen-dent organisation would have a chance to prevail throughout. Momentarily these differences seemed quite detrimental to the survival of the idea that had brought all delegations together. Still, throughout the seminar, friendships were formed that would come to be of great import-ance for the founding of ELSA.

In addition to these personal connec-tions, bilateral cooperation between the Universities of Budapest, Vienna and Kiel was successfully formed that paved the

way to and simplified regular visits by the representatives of the Hungarian law students.

The following spring of 1981 brought an „international constitution seminar“ to the University of Warsaw, organised by Wojciech Kostrzewa and the stu-dents from the scientific club. The event was held without representatives from the GDR and Czechoslovakia but with Germany, Austria, and Hungary. At this seminar, it was agreed that a European law student organisation would have to be focused on professional, non-par-ty cooperation. However, this associa-tion would desperately need a common foundation of values, such as democra-cy, the rule of law, and judicial indepen-dence.

A few months later, on May 5th, 1981, the official student organisation at the Faculty of Law at the University of Vien-na (ÖH) proceeded to invite delegations from Hungary, Poland, Germany and Switzerland to Vienna to finalise a writ-ten agreement and officially found the „European Law Students Association“ (ELSA). As the capital of a politically neu-tral country, Vienna served as a gateway to the West and into a world free of any communist influence. The meeting took place in the former seminar rooms of the ÖH at the University of Vienna at Roo-seveltplatz No. 5. The celebratory dinner hosted by the Dean of the Faculty of Law in Vienna, Prof. Hausmaninger, was

sign the document, which is why Hun-gary initially only received the status of an observer when ELSA was founded. Wojciech then signed it for Poland a few weeks later, and with that signatu-re, Poland became the founding mem-ber of ELSA. The first ELSA International Board was composed of Ernst Wurz as its Chairman and Wojciech Kostrzewa and Juergen Sattler as Vice Chairmen.

A few months later, in December 1981, martial law was declared in Poland, and the work of ELSA-Poland was made ef-fectively impossible for two years. Woj-ciech was in Germany at the time of the

declaration of martial law and remained there until he finished his studies

Germany, too, was granted a bumpy start to their cooperation with ELSA. The RCDS had withdrawn its support because ELSA had not been formed into a Chris-tian Democratic organisation as they had hoped. They were leaving Jürgen Sattler to consolidate ELSA in Germany as a sin-gle person and as a law-student council chairman in Kiel, being backed by only a few other representatives of the law students from Bamberg and Bayreuth. However, he was able to create a bond to Denmark, where Christian Mallet sub-

sequently took over ELSA management. From there, ELSA was founded in Fin-land, Sweden and Norway. Throughout his time as a student in Kiel, Jürgen Satt-ler remained connected to ELSA.

In Austria, ELSA was able to thrive and develop further, thanks to the strong support of the National Union of Austrian Students. After stepping down from his function as chairman of the faculty of law, Michael Goldinger became chairman of the National Union of Austrian Students (ÖH) and continued to support ELSA‘s de-velopment and promote ELSA‘s vision fi-nancially. Tarkanyi-Szücs Attila later con-

solidated ELSA in Hungary, but Hungary was not until 1987 that it was allowed to join ELSA as an official member.

In the light of ELSA‘s 40th anniversary this year in November 2021, most humble appreciations and thanks are due, above all, to the generation that followed after the founders: Christian Mallet, Rüdiger Gatermann, Eero Rautalahti, Frederik Messel, Paul Hochbaum, Agaath Kuipers (now Brand), Johan Åkermarck and Krzy-sztof Kubala. They all were significant in shaping and developing ELSA and thus added essential building blocks to its success story.

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4948EVENTLOCATIONS & HOTEL

EVENTLOCATIONS & HOTEL

1 Reception by Federal Minister Karoline Edtstadler Federal Chancellery of Austria, Ballhausplatz 2, 1010 Vienna

2 Conference Rule of Law WKÖ, Wiedner Hauptstraße 63, 1040 Wien

3 Dinner & Get together WU Mensa, Welthandelsplatz 1, 1020 Vienna

ELSA Alumni General Assembly Wirtschaftsuniversität, Welthandelsplatz 1,1020 Wien

4 Gala Reception & Dinner Palais Ferstel, Strauchgasse 4, 1010 Wien

5 Farewell Brunch Courtyard by Marriott Vienna, Trabrennstraße 4, 1020 Wien

Vienna Summit official Hotel Courtyard by Marriott Vienna, Trabrennstraße 4, 1020 Wien

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For the preparation and organization of the congress as well as the evening reception on Friday, November 12, we would like to express our special thanks to: (in alphabetical order)

• Alexandru CAPRAU• Michael GOLDINGER• Markus GRUBER• Janine JIRA• Johanna KAUPPINEN• Daniel MAYR• Eero RAUTALAHTI• Eva SZEKERES• Andy UNGER

INFORMATION

CONTACT For any logistical emergencies during the meeting please contact: GPK live GmbH, Valentina MayerP +43 699 19291152

This event will be implemented under consideration of all applicable COVID-19 security measures.

COVID-19-AUTHORIZED REPRESENTATIVE: GPK live GmbH, Tina Saxer P + 43 664 120 69 33

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Rule of Law Conference Curation | Content | Agenda planning

ELSA Alumni Rue des Cottages 14

BE-1180 Brussels, Belgium www.elsaalumni.org

ELSA AustriaJordangasse 7/4, AT 1010 Vienna

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ELSA International Boulevard Général Jacques 239

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Rule of Law ConferenceDinner & Get together WU Mensa

Reception at the Federal Chancellery Concept | Planning | Organisation | Implementation

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