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Preliminary Rulings Under Article 267 TFEU – using it and applying it in Cyprus

Price

EURO 164 + VAT

Total Hours

8

Course Description

The seminar is an online course, funded by the HRDA and offers 8 verified CPD points by the Cyprus Bar Association.  By the end of the seminar, participants will be able to:


Aims of the seminar:


1. To understand and explain article 267 TFEU

2. To understand and explain article 267 TFEU contents

3. To understand why article 267 TFEU and its procedures are important

4. Be able to use the preliminary referencing procedures

5. To develop practical skills in order to use preliminary referencing in the European Union Court

6. To develop practical skills in order to use preliminary referencing in Cyprus Courts


Why this seminar is important for you?


· The participants of the seminar will gain knowledge relevant to Article 267 TFEU and preliminary rulings


· They will develop knowledge and practical skills to ensure that an EU law has the same meaning in the Member states.


· They will develop practical skills regarding the procedures used in cases where the interpretation or the validity of an EU law is in question


· Participants will learn the obligations of the member states and national courts in the context of the referral process and how it affects the right to effective judicial protection.


· Practical advice will be given on the referral process and appearing before the court.

Course Accreditation

The course is accredited and funded by the HRDA and offers 8 verified CPD points by the Cyprus Bar Association.

Funding Available

300 + VAT
If you are eligible for the HRDA funding: 138EUR funded and your employer only pays 164 + VAT on the full amount (+ 63.84)

Start Date

22/05/2023

End Date

30/05/2023

Dates and Times

Dates: 22/05, 24/05 26/05, 30/05
Ώρες: 17:00-19:00

Course Content

UNIT 1: What does article 267 TFEU provide. 


· Introduction to the program

· Introduction of the trainer

· Introduction of trainees

· Explanation of article 267 TFEU and its contents

· Why is the use of the preliminary referencing procedures important

· Case study examples from the European Union

· Case study examples from Cyprus

· Purpose of preliminary referencing

· Function of preliminary referencing according to EU institutions and ECJ

· Procedure set out in Cyprus law and EU law for preliminary referencing

· Case studies and practical exercises 


UNIT 2: Jurisdiction of the ECJ in preliminary referencing procedure


· Explanation of jurisdiction of the ECJ

· ECJ Case law regarding ECJ jurisdiction

· Cyprus case law on jurisdiction issues.

· Case studies

· Practical exercises.

· Explanation of when ECJ can exclude its own jurisdiction

· Relevant ECJ case law

· Case studies and practical exercises.


UNIT 3: When can a national court request a preliminary ruling 


· According to ECJ cases, EU cases, and use in other jurisdictions

· Important cases where preliminary reference guidelines have been developed

· How these cases have been applied

· Explain when Cyprus national courts must apply for a reference

· The doctrine of Acte Claire using case law

· The application of the doctrine of Acte Claire in Cyprus

· When Cyprus courts have discretion

· How has this discretion been applied in Cyprus

· Case studies


UNIT 4: Arguing the need for preliminary reference in your case before court 


· Practical advice on requesting a preliminary reference at the Cyprus Courts

· Advice on how to structure an application and arguments

· Structure of court application and documentation to be filed with the court.

· What to do next?

· Case studies

· Practical exercises

· Group discussion – how to apply in Cyprus

Language of Instruction

English

Course Methodology

Live distance learning via Zoom. This method enables the instructor to continuously assess the receptivity of the trainees and to be constantly updated accordingly. During the training, appropriate techniques will be developed and assist the subject of training. The lecture and the regular discussion challenge are the main pillar of the training techniques in this program.

Trainer

Ms. Anastasia Karatzia

Admission Requirements

Must be a lawyer, advocate, trainee lawyer, corporate administrator, other professional and or paralegal.

Discounts/Offers Applicable

30% discount for employees who do not qualify for funding with the HRDA.

Who is the course aimed at

-Lawyers
-Advocates
-Trainee lawyers
-Corporate administrators
-Other professional and or paralegal.

Certificate Awarded

A Training Certificate will be awarded to those participants who will successfully complete the training. The Training Certificate, at the bottom, will state: "The program was approved by the Human Resources Development Authority".
The certificate will indicate the total CPD points awarded.

Application Procedure

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