“Open Justice”

Luxembourg, 1st - 2nd February 2018

Conference organised in cooperation with Saarland University

The Open Justice conference intends to contribute to the ongoing discussion about open justice in a constructive manner, by re-examining the traditional ideas of the principle of the public hearing in light of modern day challenges (especially the growing use of information technologies). If public awareness of what happens in courts serves to reinforce public confidence in the administration of justice, the question posed today is how best to achieve increased awareness whilst, at the same time, paying heed to the values of integrity and fairness of the process.

Over the two days of the Conference, the participants will explore a variety of issues pertaining to the problematics of open justice, such as: the scope and content of the right to a public hearing as enshrined in various constitutional and supra-national instruments; the organisation of public oral hearings in civil and criminal proceedings and the relevant contemporary challenges of the information society; the level of transparency in the processes of appointing and selecting judges, as well as the phenomenon of vanishing trials and the privatisation of justice in the form or arbitration and ADR mechanisms. The Conference will be closed by a roundtable discussion on the ways and the extent to which justice should be communicated to society. Among others, matters such as televising and broadcasting of judicial proceedings and the relationship between the judiciary and journalists shall be reflected on.

The Conference will bring together judges of European and national courts, academics, legal practitioners and legal journalists and provide them with a platform on which to express their understanding of the principle of open justice today, and exchange their views on how to tackle the aforementioned challenges. Given that there are different ways in which courts deal with these challenges in practice, and that rules vary from one jurisdiction to another in regulating the application of the open justice principle, it is hoped that this comparative element to the conference will add to the quality of discussion in this field.

Thursday, 1 February 2018

13.00Registration
13.30Welcome Address and Introductory Remarks:
Prof. Burkhard Hess, Max Planck Institute Luxembourg for Procedural Law
13.45Panel I: Right to a Public Hearing according to Art.6 ECHR and Art.47 Charter of Fundamental Rights of the EU: Constitutional Perspectives
Chair: Prof. Hélène Ruiz Fabri, Max Planck Institute Luxembourg for Procedural Law
Speaker: Advocate General Maciej Szpunar, Court of Justice of the European Union
Discussants:
Judge Angelika Nußberger, Vice-President, European Court of Human Rights
Judge Andreas Paulus, Bundesverfassungsgericht
Discussion
15.15Coffee Break
15.45Panel II: Public Hearings in Criminal Proceedings
Chair: Prof. Jan Henrik Klement, Saarland University
Speaker: Prof. Dr Tatjana Hörnle, Humboldt University Berlin
Discussants:
Prof. Katalin Ligeti, University of Luxembourg
Prof. Ruth Herz, Birkbeck, University of London, former judge, Cologne
Discussion
17.00Coffee break
17.30Panel III: Public Hearings in Civil Proceedings
Chair: Prof. Burkhard Hess, Max Planck Institute Luxemburg for Procedural Law
Speaker: Prof. Cécile Chainais, Université Paris 2 Panthéon-Assas
Discussants:
Judge Jean-Claude Wiwinius, Président de la Cour Supérieure de Justice Luxembourg
Judge Roman Poseck, President, Oberlandesgericht Frankfurt am Main
Discussion
18.45 Keynote Speech: The Rt Hon Lord Justice Ryder (Sir Ernest Nigel Ryder), Senior President of Tribunals, United Kingdom
19.30Dinner

Friday, 2 February 2018

09.00 Panel I: Transparency and the Appointment of Judges
Chair: Prof. Tiziana Chiusi, Saarland University
Speaker: Prof. Thomas Giegerich, Europa-Institut, Saarland University
Discussants:
Prof. Alberto Alemanno, HEC Paris and New York University School of Law
Judge Allan Rosas, Court of Justice of the European Union
Discussion
10.30Coffee Break
10.50Panel II: Privatization of Justice and Transparency: Arbitration, ADR
Chair: Prof. Dame Hazel Genn, Director Centre for Access to Justice, University College London
Speaker: Prof. Judith Resnik, Yale Law School
Discussants:
Prof. Maxi Scherer, Queen Mary University of London
Dr John Sorabji, Principal Legal Adviser to the Lord Chief Justice and Master of the Rolls
Ana Koprivica, Max Planck Institute Luxembourg for Procedural Law
Discussion
12.15Coffee Break
12.35 Roundtable: Communicating Justice: Courts in a Democratic Society
Moderator: Dr Joachim Jahn, Neue Juristische Wochenschrift
Participants:
Judge Ferdinand Kirchhof, Vice-President, Bundesverfassungsgericht
Joshua Rozenberg QC (hon), Legal Commentator and Journalist
Prof. Dame Hazel Genn, Director Centre for Access to Justice, University College London
Prof. Jan Henrik Klement, Saarland University
13.45Closing of the conference

If you are interested in participating in this conference, please send your reservation request with your contact details (first name, surname and affiliation) to events@mpi.lu or contact Martina Winkel: (+352) 26 94 88 923.

The participation is free of charge.

Venue:
Max Planck Institute Luxembourg
4, rue Alphonse Weicker
L-2721 Luxembourg