10 moot court
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Transcript of 10 moot court
MOOT COURT
Today, Monday, Tuesday
Act as legal counsel for the two sides of the case
Not exam Not a competition Participate to find out about applying
EU law
Participation
Work in groups Group members will change Everyone has to contribute
Participation
If you don’t want to do this, you can sign up with your name
-15% of total points (out of total 100 you can only get 85)
You can be absent today, on Monday and Tuesday
Fictional case
Not real countries Not real football teams Not real people
Analyse the case
Prepare the timeline Identify relevant and irrelevant facts Identify relevant and applicable law
Prepare the written arguments Both parties can submit their opinion
of the case in writing Contest the facts Argue from their side Point out relevant law and precedent Have 2 months
Here
Don’t have 2 months
No problem with the facts, just argue the law
I have done most of the research You will have to recognise the
relevance of the law texts I give you Put together an argument
Today
Applicants’ reasoning
Mr. Kwame Eko, Mr. Kofi Eko and F.C. Tomalona
Monday
Respondents’ reasoning
FIFA, UEFA, and the Football Association of Ghana and Vittoria
Tuesday: oral argument
Based on written submissions 2 times Group prepares the argument Chooses representatives to present
the argument Exact procedure will be discussed Random selection into groups
Questions?
Today
Form groups of minimum 5 people! 1st task: draw a timeline of
important events
Timeline
timeline2
1973 Kwame was born 2000-kwame signed a five-year deal with
A.C Floriana July, 2005 Mr. Kwame Eko and F.C.
Tomalona were able to round off the negotiation and agreed upon a 3 year contract .
2005 UEFA devised ‘Homeground rule’ FC Tomalona decided to commence
proceedings.
2nd task: find relevant facts Just dealing with question 1 a and b
(Kwame Eko)
Question 1/a
a) Can an international sporting federation apply to a professional sportsman from Ghana a rule according to which clubs must field in league and cup matches a minimum number of domestically trained players, even though this rule applies irrespective of nationality?
Question 1/b
b) Are the specific requirements imposed by the Vittoria F.A. to register certain professional football players compatible with the immigration policies relating to free of movement of persons in the EU?
3rd task: make up arguments Choose a piece of paper New groups according to color of
paper Read your paper Tell the others about it Discuss all pieces of law Make up an argument Make a poster
4th task: share with your original group If you are done in the color group,
note your argument Go back to original group Tell them about it Together make up a complete
written submission (poster)
Procedure
Question asking about Vittoria FA rules, UEFA rules Jurisdiction of ECJ The Court of Justice of the European Union shall
have jurisdiction to give preliminary rulings concerning:
(a) the interpretation of the Treaties; (b) the validity and interpretation of acts of the
institutions, bodies, offices or agencies of the Union; But Court has power to extract from a question
imperfectly formulated by the national court those questions which alone pertain to the interpretation of the treaty
Vittoria F.A.’s regulations citizenship of Ghana ACP country Partnership agreement The treatment accorded by each Member State to
workers of ACP countries legally employed in its territory, shall be free from any discrimination based on nationality, as regards working conditions, remuneration and dismissal, relative to its own nationals.
Has direct effect (because similar agreements, ECJ cases
directly discriminatory measures can only be applied in the cases for which express derogations were provided in the Treaty
UEFA homegrown rule – indirect discrimination Clubs must play with at least six
domestically trained players during official matches. A player can be qualified as domestically trained by a club when he has been at the club for three years between the age of 15 and 21, irrespective of his nationality. Minimum three of these domestic players must have received their training at the club itself; the other domestically trained players must have received their training at another club in the same EU Member State
Additional comments
Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents
role of sport “as a means of promoting greater involvement of immigrants, for example, in the life of society”, of combating racism and intolerance, as recognised by the document “The European Model of Sport”
Monday – observations of respondents Fill in the blank references with the
documents provided Some are used 2 times
For Tuesday
I will upload the argument of both sides
Read both so you understand
Today
Finish groupwork till 1 pm Preparation for Moot court
presentation Preliminary ruling procedure ECJ in general Teamwork!
Preliminary rulings – Art 267
The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings concerning: a. the interpretation of the Treaties; b. the validity and interpretation of acts of
the institutions, bodies, offices or agencies of the Union;
No jurisdiction…
to apply that law to the factual situation underlying the main proceedings
to decide issues of fact raised in the main proceedings
to resolve differences of opinion on the interpretation or application of rules of national law
In ruling on the interpretation or validity of European Union law, the Court makes every effort to give a reply which will be of assistance in resolving the dispute, but it is for the referring court to draw the appropriate conclusions from that reply, if necessary by disapplying the rule of national law in question.
National courts or tribunals may refer a question to the Court of
Justice on the interpretation of a rule of European Union law if it considers it necessary to do so in order to resolve a dispute brought before it
against whose decisions there is no judicial remedy under national law must, as a rule, refer such a question to the Court, unless the Court has already ruled on the point or unless the correct interpretation of the rule
of law in question is obvious
European Court of Justice
27 Judges 8 Advocates-General
persons whose independence is beyond doubt
and who possess the qualifications required for appointment to the highest judicial offices in their respective countries or who are jurisconsults of recognised competence
ECJ Judges – job interview! appointed by common accord of the
governments of the Member States for 6 years every 3 years – partial replacement of the
Judges and Advocates-General a panel set up in order to give an opinion
on candidates’ suitability 7 persons chosen from among former
members of the Court of Justice and the General Court, members of national supreme courts and lawyers of recognised competence
ECJ formations
The Court shall sit in the following formations: the full Court, composed of all the
Judges; the Grand Chamber, composed of 13
Judges, Chambers composed of 5 or 3 Judges
President of Court Presidents of Chambers Judge-Rapporteur
Precedence Judges and Advocates General rank
equally in precedence according to their seniority in office.
Where there is equal seniority in office, precedence shall be determined by age.
Retiring Judges and Advocates General who are reappointed retain their former precedence.
Procedure in the ECJ
Written procedure Oral procedure
Separate procedure for preliminary rulings and direct actions!
Texts governing procedure
Treaties Statute of the Court of Justice of the European
Union Rules of Procedure of the Court of Justice Supplementary Rules Instructions to the Registrar of the Court of Justice Practice directions relating to direct actions and
appeals Information note on references by national courts
for preliminary rulings Notes for the guidance of Counsel
Written procedure purpose: to put before the Court an
exhaustive account of the facts, pleas and arguments of the parties and the forms of order sought
new pleas may not be raised in the course of the proceedings, exception of those based on matters of law and
fact which come to light in the course of the procedure
does not have the same flexibility as that allowed by certain national rules of procedure
Written observations after receiving a copy from the Court Registry
of the request for a preliminary ruling, the "interested parties"
the litigants before the national court, the Member States, the Commission , and, if appropriate, the Council, the Parliament and
the European Central Bank and, in some cases, the other EEA States and the
EFTA Supervisory Authority or a non-member State which is a party to an agreement
may submit a document, referred to as written observations, within a period of two months extended on account of distance by a period of 10
days in all cases
Written observations
suggest the answers which the Court should give to the questions referred to it,
and to set out succinctly, but completely, the reasoning on which those answers are based.
bring to the attention of the Court the factual circumstances of the case before the national court
and the relevant provisions of the national legislation at issue
Written observations
none of the parties is entitled to reply in writing to the written observations submitted by the others
submission of written observations is strongly recommended since the time allowed for oral argument at
the hearing is strictly limited However, any party who has not
submitted written observations retains the right to present oral argument
Oral procedure
1. respond to any requests made for the oral submissions to concentrate on particular issues;
2. provide a more detailed analysis of the dispute, by clarifying and expounding the points which are most important for the Court’s decision;
3. submit any new arguments prompted by recent events occurring after the close of the written procedure
4. answer the questions put by the Court
Oral procedure
allow the parties and other interested persons to reply to the arguments put forward by other participants in their written pleadings
no repetition of what has already been stated in writing
Before the sitting
Court invites Counsel to a brief private meeting in order to settle arrangements for the hearing.
Judge-Rapporteur or the Advocate General, or both, may indicate other matters which they would like to be developed in the oral submissions
Oral procedure
oral argument from Counsel for the parties
questions put to Counsel by the Members of the Court
brief responses from those Counsel who wish to make them
Members of the Court frequently interrupt Counsel when they are speaking in order to clarify points which appear to them to be of particular relevance.
Decision-making
deliberate in closed session every Judge taking part in the
deliberations shall state his opinion and the reasons for it
the conclusions reached by the majority of the Judges after final discussion shall determine the decision of the Court.
votes are taken in reverse order to the order of precedence
Lawyers before the court
Speaking time: maximum of 20 minutes, maximum of 15 minutes before Chambers
composed of three Judges Decide if oral argument is really necessary or
whether a simple reference to the written observations or pleadings would suffice
only one person per party to the proceedings is permitted to present oral argument
must wear a gown
Today – oral arguments
2 groups Each group select 3 people to
present an argument Prepare together 2x3 people will speak – max 20
minutes What your suggested answer is Main lines of argument Replies to the other side’s reasoning
Tomorrow
EU politics, European politics
For Thursday
Prepare to talk about your research on the EU Member State you chose on the first week
Which pictures have you identified
Why are they important for the Member State in question
Write it up in maximum 1 page
Email it to me
Final exam
Multiple-choice Open book Questions from everything in the 3
weeks Easy