Archivio mensile:dicembre 2013

Brussels, December 17th 2013

The kick-off meeting has been held on December 17th in Brussels, hosted in the premises
of the European Trade Unions Confederation (ETUC).
All partners have participated in the meeting:
CGIL – Confederazione Generale Italiana del Lavoro:
- Lorenzo Fassina – Legal Office (Project Administrator)
- Monica Ceremigna – European Secretariat (Financial Manager);
- Andrea Allamprese – Legal Office (Project Expert);
- Fabrizio Paloni (Project Assistant)
CGT – Conféderation Générale du Travail:
- Renate Tetriakova
DGB Rechtsschutz- Gemeinutziges Bildungswerk des Deutschen Gewerkshaftsbundes
- Rudolf Buschmann
CCOO – Confederación Sindical de Comisiones Obreras:
- Bienvenido Javega
LO – Landsorganisationen I Sverige Ideel Firening:
- Anders Wilhelmsson
ETUC, which has hosted the kick-off meeting has also taken part in the meeting with
Wiebke Warneck – Legal Advisor.
Two professional interpreters (EN-IT-EN) have fully and efficiently supported the
development of the meeting, allowing participants to understanding and exchanging
opinions and comments.
The meeting has followed all the points listed in the Agenda set up by CGIL.
1. Welcome
Wiebke Warneck, as representative of ETUC, the organization hosting the meeting, has
welcomed all participants, also informing them that ETUC is very interested in the “Courts
and Charters” project, for it is complementary to the activities carried out in its Litigation
Network and Netlex. The interest is focused in establishing synergies; one possibility is
offered by the Final Conference of the project, which could be linked to the Netlex annual
meeting, so as to join the two groups of participants.
2. Project introduction
Lorenzo Fassina has introduced the project and thanked the partners for their presence
and participation, wishing a fruitful cooperation during the whole Action.
3. Project presentation
Andrea Allamprese has reminded that the beneficiaries are 26 officers from the Legal
Bureaus of the partner organizations. Ten of them will come from CGIL, while each other
partner will appoint four people. A gender balance has to be assured. Trainees chosen by
CGIL have to meet the following three requirements: knowledge of EU Law; belonging to
Legal Bureau; English speaking. A participatory approach will be applied, moving from a
national level of dispute for going through the two European Courts (ECrtHR, ECJ). The
project is anyway proposed as an opportunity opened to modifications and contributions
coming from the partners.
Fabrizio Paloni has proposed a short slide presentation giving the main features of the
Action. A second step has been the detailed analysis of the Action Plan.
Renata Tetriakova (CGT) has asked about the possibility of modifying the first workshop
method, as 1) Legal Bureaus officers know the EU Law and b) what is missing is the
exchange of national practices and procedures. Andrea Allamprese has confirmed that the
approach is opened to modifications according to the partners’ needs and contributions;
anyway the knowledge level is not homogeneous and should be verified and uniformed,
moreover each Country has its own specificities, while the project should underline which
features Countries have in common, so as to use it for strengthening the being part of EU.
Moreover, the project is designed for bringing the partners to find a common language.
4. Organization issues and financial information
Monica Ceremigna has proposed and explained the planning for the two workshops and
the final conference.
In order to avoid overlapping of the project activities with the juridical ones carried out by
ETUC (it is to mention that the meeting of the ETUC Litigation Network is planned for the
last days of March 2014 and some participants are also involved in the meeting), the first
workshop will be held in Rome on 31 March and 1st April, 2014.
The second workshop will last one day only; CGIL will verify the availability of ILO
premises in Turin for hosting the workshop.
The final conference will be held hopefully in Brussels. At this proposal, Wiebke Warneck
(ETUC) has proposed to link the final conference to the Netlex annual conference; she will
try to arrange the dates. As for the date of the conference, Rudolph Buschmann (DGB)
has reminded that most University activities start in late October, so mid-October is a
better period for holding the final conference.
As for budget aspects, CGIL is going to be directly in charge of all expenditures, except for
travelling, that will be reimbursed to the partners upon submitting the proofs of
expenditures, such as train tickets, boarding cards etc. in original (not copies). Partners
are formally invited to submit everything within a month from the event carry out.
Work languages are English, Italian, French and Spanish. An interpreting service will be
assured on the occasion of the main events.
5. Discussion
Andrea Allamprese has opened the debate on the training contents and methodology:
a) the first module of the first workshop concerning EU Law could be reduced, giving more
room to the national experiences;
b) the second module will be devoted to non-discrimination. Non-discrimination is to be
intended as a principle, as the field of application of the EU right and as its instrument,
finally as a vector for improving the application of Charters of Rights (ECFR and ECHR).
This second part will start with a comparison of national case studies: individual rights and
collective rights in the frame of the non-discrimination principle.
c) the third module will be devoted to Tools. How accessing the ECJ and the ECrtHR;
which procedures have to be applied. At this proposal, Wiebke Warneck has proposed to
devote some of the third module time, to the role of the CES: when can it be involved in
the procedures addressed to the ECJ?
d) the project has the ambition of starting disputes in the period comprehended between
the two workshops, if possible.
Following, the partners representatives have provided their contributions in terms of
comments and remarks:
a) as proposed by Rudolf Buschmann, the definition of discrimination should be widened
so as to include the dismissed workers in Germany. Moreover, the training will be
important for influencing the judge on EU legislation as well as for developing the lawyers’
attitudes to provide good arguments demonstrating the appropriateness of EU Law.
b) Renate Tetriakova has asked for the role of the trainees: should they be lawyers or
Legal Bureau officers? Andrea Allamprese has clarified that trade-unionists in charge of
Legal Bureaus play an antenna role on the possibility of opening litigations, while the
lawyers apply later on this way. It is verified that Legal Bureau officers often have a good
preparation and sensibility.
c) Rudolf Buschmann has underlined the importance of selecting the staff, but as lawyers
the participants need a strategy for dealing with cases. The level of preparation needed for
accessing the training has to be homogeneous (as asked by Anders Wilhelmsson and
Rudolf Buschmann), but how to verify it? Andrea Allamprese has proposed that the
trainees have the same preparation level and to select their level through a questionnaire
to be sent very soon to the partners, allowing them to choose their trainees. Bienvenido
Javega (CC.OO.) has proposed the Spanish case of discrimination of workers, where a
law has stated that their right to legal assistance is subject to taxes; on the other hand, the
High Court has defined that workers enjoy the right of free juridical assistance; is this
conflict a matter of the “Courts and Charters” project? Andrea Allamprese has confirmed
that it is definitely a case falling in the project core.
6. Composition of the Steering Committee
CGIL has nominated Andrea Allamprese as its SC member. Anders Wilhelmsson and
Rudolf Buschmann will respectively represent LO e Rechtsschutz DGB in the SC. All other
partners have not nominated their member in occasion of the kick-off meeting, due to
organizational reasons; their representative should anyway be appointed and
communicated to all project partners within January 2014.