“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
| 13.00 | Registration |
| 13.30 | Welcome Address and Introductory Remarks: Prof. Burkhard Hess, Max Planck Institute Luxembourg for Procedural Law |
| 13.45 | Panel 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 | |
| 15.15 | Coffee Break |
| 15.45 | Panel II: Public Hearings in Criminal Proceedings Chair: Prof. Jan Henrik Klement, University of Mannheim Speaker: Prof. Katrin Gierhake, University of Regensburg Discussants: Prof. Katalin Ligeti, University of Luxembourg Prof. Ruth Herz, Birkbeck, University of London, former judge, Cologne |
| Discussion | |
| 17.00 | Coffee break |
| 17.30 | Panel 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 PD Dr Robert Magnus, Institute for Foreign and International Private and Economic Law, Heidelberg University |
| Discussion | |
| 18.45 | Keynote Speech: The Rt Hon Lord Justice Ryder (Sir Ernest Nigel Ryder), Senior President of Tribunals, United Kingdom |
| 19.10 | Reception |
| 20.00 | Dinner (on invitation) |
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 Siofra O'Leary, European Court of Human Rights |
| Discussion | |
| 10.30 | Coffee Break |
| 10.50 | Panel 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 | |
| 12.15 | Coffee 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, University of Mannheim Advocate General Michal Bobek, Court of Justice of the European Union |
| 13.45 | Closing of the conference |
Event Poster Download
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