Maastricht Law Messages Highlights 2013

Maastricht Law Messages 2013 | Faculty of Law

Reaccreditation bachelor’s programme Hasselt March 2013 | The bachelor’s programme offered by the Maastricht Faculty of Law in cooperation with the Faculty of Law in Hasselt (Belgium) and the KU Leuven (Belgium) was subject to a reaccreditation inspection on 15 and 16 November 2012. One full year before the inspection, a dedicated editorial team worked hard to draft a self-evaluation report, recruiting several Maastricht colleagues involved in the Hasselt programmes as well. Sarah Schoenmaekers, a member of the interfaculty council, oversaw the collection of countless documents and information about specific programme components organised by UM in Hasselt. Several colleagues were invited to hold interviews with members of the committee. The programme received an outstanding assessment, scoring ‘good’ and sometimes ‘excellent’ on many aspects. On Friday 15 March, the visitation committee has submitted its final report in Brussels.

European Patent Office re-accredits the Advanced Master Intellectual Property Law and Knowledge Management December 2013 | The Examination Board of the European Patent Office has granted candidates who have successfully completed the Advanced Master Intellectual Property Law and Knowledge Management (IPKM) offered by the Faculty of Law in the academic year 2013-2014 a reduction of six months in the duration of the period of professional activity defined in the Regulation on the European Qualifying Examination (EQE) for European

Patent Attorneys. This annual accreditation is highly beneficial for IPKM students with a prior degree in science and technology wishing to meet the professional qualification requirements for patent attorneys.

The IPKM was first offered in 2009 and is one of the few (two or three) programmes in Europe to meet the standard for this accreditation.

Valentine’s messages are pouring in February 2013 | The first Valentine’s messages have been put on the Facebook pages of the faculties of Law and Psychology.

Today only, the faculties are renamed as “Faculty of Love”.

The faculties’ students, staff and alumni can have their poems, declarations of love or cries from the heart published anonymously on the Facebookpages.

Prizes Dr. Marcel Schaper Schaper, European Academic Tax Thesis Award 2013 Dr. Mariken Lenaerts, Jacques Rozenberg prijs Stichting Auschwitz for her PhD thesis Prof. Michael Faure, Senior Scholar Award 2013 IUCN Academy of Environmental Law Team FdR UM wins Studenten Parliament 2013 European Law Moot Court team: best written plea (for the entire European Law Moot Court competition) and Amélie Habets won the ‘Ole Due’ Special Achievement Award for the best counsel Phillip Jessup Moot Court Competition: Abby Ryan won the prize for best counsel in the finals European Tax Law Moot Court Competition: Daniela Hartley won the prize for ‘best individual defendant’ Team Universiteit Maastricht winner first international moot court competition Common Frame of Reference (DCFR)

Maastricht Law Messages

Faculty of Law | 2013

This is an annual publication of the digital newsletter Maastricht Law Messages of the Maastricht University Faculty of Law. In this publication you will find a selection of news items of the past year.

NWO grant for research Susan Rutten into marital captivity

Dalai Lama presents Light of Truth award to prof. Theo van Boven

September 2013 | NWO granted funding for the research proposal Marital Captivity; Bridging the Gap between Religion and Law submitted by Susan Rutten. The grant involves an amount of € 500,000. The project was submitted within the framework of the NWO programme Religion in modern society. Four social partners, being the foundation Femmes for Freedom, the Proefprocessenfonds Clara Wichmann, Atria (knowledge institute for emancipation and women’s history) and the Association for Women and Justice, will work together. The research consists of four separate projects for which three researchers will be appointed. The total duration of the research is five years.

On Saturday, 13 April 2013, The International Campaign for Tibet (ICT) honoured five individuals and organisations with the Light

Marital captivity is a current social problem occurring mostly among migrant women and within religious communities (Judaism, Islam, Hinduism and Catholicism). Marital captivity is when a spouse (generally the woman) is unable to dissolve her marriage in accordance with the rules of her religion or in her country of origin. A divorce declared by a Dutch judge cannot bring about this result. The supposed continuation of her marriage within the religious community and in the land of origin keeps the woman socially imprisoned in a false marriage, curtails her freedom of movement and may obstruct her free and independent development.

This research aims at mapping the issues of marital captivity in the Netherlands and looks at the required legal policy to be developed. All issues are looked upon from an (inter)national legal, IPR and comparative point of view.

of Truth Award. His Holiness the Dalai Lama presented the awards during a ceremony in Fribourg, Switzerland.

Honorary doctorate Prof. Christine van den Wyngaert

Oxford Brookes - Maastricht Graduate Diploma in Law (GDL)

August 2013 | In August 2014 the unique and challenging Graduate Diploma in Law (GDL) will start. Maastricht University Faculty of Law and the Oxford Brookes University School of Law will collaborate closely to offer this programme. The GDL offers students a solid academic foundation for pursuing a career as a solicitor or barrister in England and Wales.

Oxford Brookes University has over twenty years’ experience of delivering the Graduate Diploma in Law, which is known for its strong academic focus. The Oxford Brookes and Maastricht Universities now offer that GDL programme, adapted to be taught in the Maastricht setting, to students in Maastricht, where high quality programmes, excellent teachers and student-centred learning lie at the heart of the teaching philosophy.

The one-year GDL programme makes it possible for students with a bachelor’s degree in a subject other than law, a non-qualifying law degree, or a foreign (non-UK) degree to complete the academic stage of their legal training in order to then begin the professional stage of training as either a solicitor or barrister in England and Wales.

Colofon Maastricht University Faculty of Law Editorial office: Esther Ronda Bouillonstraat 1-3, 6211 LH Maastricht P.O. Box 616, 6200 MD Maastricht T: +31 043 3883259 E: esther.ronda@maastrichtuniversity.nl

June 2013 | On Friday, 31 May the Faculty of Law presented an honorary degree to Professor Christine van den Wyngaert for her excellent job combining her academic skills with her practical qualities. She is a renowned professor in the field of National Criminal and Procedural Law, Comparative Law, European Criminal Law and International Criminal Law.

Conferences 2013

Photography: Manuel Bauer, Joey Roberts Graphic concept and design: Graphic design agency Emilio Perez, Geleen Print: Drukkerij Pietermans, Lanaken

www.maastrichtuniversity.nl/law

• Fiscaal Symposium, Maastricht (1 November 2013) • Twenty Years Treaty on European Union - Reflections from Maastricht (25 October 2013) • Annual Conference Montesquieu Institute (25 October 2013) • European Year of Citizens - The Citizen in European Private Law: Regulation, Enforcement and Choice (18 October 2013) • The Maastricht International Pricing Summit 2013 (10 October 2013) • European Year of Citizens - Citizens’ Rights and Economic Crisis (20 September 2013) • IIIRG Conference, Maastricht (1-5 July 2013) • Workshop on (Il)legitimate differential treatment (27-28 June 2013) • Summer School EU External Relations Law - CLEER (24-28 Juni 2013) • Cultural and International Economic Law Conference (20 and 21 June 2013) • The interrogation of juvenile suspects: a psychological perspective” (6 Juni 2013) • Between flexibilty and disintegration: The State of EU Law today - conference at Maastricht University, (29-31 May 2013) • Procedural Rights of Suspects and Accused in the European Union (30 and 31 May 2013) • Research colloquium on “The Future of European Disability Scholarship as a Tool for European for European Policy-Making” (09 April 2013) • Art and Heritage Disputes (24-25 March 2013) • European Year of Citizens - 20 Years of European Citizenship - Changes and Challenges (8 March 2013) • European Year of Citizens - The Right to Citizenship: Towards Fuller Implementation of Art. 15 UDHR (7 March 2013) • European Year of Citizens - Treatment Equal or No-Less Favourable of Citizens in a Globalising World, Maastricht (31 January - 1 February 2013) • DREAM Training Event (28 January - 1 February 2013) (invitation only) • Foundations of Ius Commune, Maastricht (28-30 January 2013) • Pensioencongres, Maastricht (28 January 2013) • EuNaCon Closing Conference (20-22 February 2013) • Annual Ius Commune Conference (28-29 November 2013)

The ICT grants the Light of Truth Award to individuals and institutions that have made important contributions to the public understanding of Tibet and the struggle for human rights and democratic freedoms for the Tibetan people. The award, a Tibetan butter lamp, symbolises the light shed on Tibet by each honoree.

We are proud to announce that one of the five people receiving this prestigious award was Professor Theo van Boven. Van Boven is professor emeritus in International law with Maastricht University’s Faculty of Law, former director Human Rights of the United Nations and special UN rapporteur against torture.

He was granted the award for his dedication to the Tibetan cause within and beyond the United Nations.

First place for UM bachelor’s programmes in the ‘Keuzegids Hoger Onderwijs’

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November 2013 | ‘More than half of all law students are satisfied with their learning of general skills and career preparation, but genuine compliments were only given to Maastricht, newcomer to the top.’

Following the recent successful results of the National Student Survey (Nationale Studenten Enquête; NSE) and the Elsevier survey, our three bachelor’s programmes took first place in the Guide to Higher Education (Keuzegids Hoger Onderwijs).

We worked hard for this fantastic result and the faculty is enormously proud of it.

According to the guide, the programmes’ lecturers were rated above average. The content of the programmes and their practical orientation also scored above average.

Dutch Law The bachelor’s programme in Dutch Law earned appreciation for the content of the programme and the methods used. The focus on skills education was also appreciated. Students are satisfied with their lecturers and the ways in which they teach.

Dalai Lama presents Light of Truth award to prof. Theo van Boven.

Minister Opstelten appoints Taru Spronken as Attorney General of the Supreme Court June 2013 | On the proposal of Minister Opstelten (Security and Justice), the Council of Ministers have nominated Prof. T.N.B.M. Spronken as Attorney General of the Supreme Court. The appointment will be effective as of 1 September 2013. Spronken is professor of Criminal Procedural Law at Maastricht University and a deputy judge at the Court of Appeals in Den Bosch. She also served as a deputy judge at the Arnhem Court of Appeals from 2005 to 2011 and at the District Court of Maastricht from 1995 to 2007.

She has worked as an attorney throughout her career. Prof. Spronken will continue to teach part-time at the UM Faculty of Law.

‘Maastricht is thus distinguished, among other things, by the programme’s content.

That is not only because of the focus on skills; the level of substance and the methods used are also appreciated. In addition, Maastricht received praise for the quality of its lecturers. This was also a strong point in Nijmegen (and, lower down the list, in Groningen).’

Tax Law According to the guide, students in the bachelor’s programme in Tax Law are satisfied with the content of their programme and its practical orientation.

The guide said: ‘That’s because the students there are satisfied with the content of their study programme and its practical orientation. The level of the study material is good and the students receive a thorough preparation for the professions in which you can practice as a tax specialist.’ Furthermore, students can count on receiving good academic training and sufficient attention is paid to developing skills. ‘Maastricht also stands out above the rest in the area of academic

training. In the other degree programmes, students find that they cannot do enough research themselves and also insufficiently acquire the necessary skills. In addition, Maastricht stands above the rest because it has a substantive, good programme and provides thorough preparation for professional practice.’

European Law School ‘Only the European Law School in Maastricht can count on compliments for their lecturers, the practical nature of the programme and the available study facilities.’ According to the guide, teachers here also earned high marks and got a higher than average score.

We are very proud of yet another good result and will continue to work hard to maintain it and to further improve. All the results can be found on the website of the Keuzegids Hoger Onderwijs.

Maastricht Law Messages 2013 | Faculty of Law

Cutting-edge research at the Faculty of Law MACIMIDE Macimide, submitted under the responsibility of Prof. Hildegard Schneider (FL), wants to bring together existing lines of research at UM to contribute to a better understanding of the dynamic of transnational migration and citizenship in Europe and in a global context.

With input from various staff members from FL, the Faculty of Arts and Social Sciences (FASoS), the Faculty of Humanities and Sciences (FHS) and SBE, the links between migration, mobility, citizenship, family life and development policy will be analysed. The project will also examine problematic issues with crossborder work caused by differences in pension and tax systems, social security, and immigration and nationality legislation. MACIMIDE will develop a regional expertise centre in this field, based in the EUREGIO with a focus on the globalising world.

TRANSMIC The Faculty of Law has been awarded with a highly competitive Marie Curie Initial Training Network grant on Transnational Migration, Citizenship and the Circulation of Rights and Responsibilities (TRANSMIC). With a success rate of about 7%, the project is the seventh ITN of Maastricht University in the 7th Research Framework Programme. In the framework of this network, supervision and training will be

Human Rights lecture minister Frans Timmermans

September 2013

April 2013 | On Wednesday, 17 April the Dutch Minister of Foreign Affairs, Frans Timmermans will present a Human Rights Lecture at the Faculty of Law. In his lecture, Timmermans will discuss his human rights policy. The presentation is part of a varied and personal programme of speakers who will address such issues as women’s rights; lesbian, gay, bisexual and transgender rights (LGBT); human rights advocates; and the controversy surrounding human rights policies. The audience is invited to participate in the discussion both on and offline (using #MR2013 on Twitter). The lecture is also broadcast live online.

provided for 10 PhD students and 4 post doc’s by staff members of the Faculty of Law in close cooperation with the Maastricht Graduate School of Governance, FASoS, six academic partners and seven non-academic partners from eleven European countries, The project will be implemented in the framework of MACIMIDE, the Maastricht Centre for Citizenship, Migration and Development, which was established earlier in 2013 with substantial funding from the university’s Executive Board.

ILEC ILEC (Involuntary Loss of European Citizenship) is a two-year research project co-funded by the European Commission’s Directorate General Justice, Citizenship and Fundamental Rights.

The project counts with a new network of experts, scholars and practitioners working on loss of nationality and European citizenship.

ILEC is coordinated by the Justice and Home Affairs Section of the Centre for European Policy Studies (CEPS) (Belgium) in cooperation with the Faculty of Law of Maastricht University.

The project aims to fill the knowledge gap concerning the rules and administrative procedures applicable to loss of nationality across the Union, and their relation to existing European and international legal standards.

Successful first meeting Alumni Advisory Board Faculty of Law

Promotions Faro Sobczak: “Liability for Asbestos-Related Injuries” Kim J.H. Hoofs: “Doorbreking van de natrekking: in rechtsvergelijkend perspectief.”

Eveline Ramaekers: “EUROPEAN UNION PROPERTY LAW; From fragments to a system” Christian N. Syrier: “The investigative function of the European Parliament; holding the EU executive to account by conducting investigations” Johannes Keiler: “Actus reus and participation in European criminal law.”

Rogier Wolf: De kapitaalverschaffer zonder stemrecht in de BV Arno Eversdijk: Kiezen voor publiek-private samenwerking Sandor Loeffen: Parlementair onderzoek, een studie van het onderzoeksrecht in Nederland, het Verenigd Koninkrijk en de Verenigde Staten Marc Provera: The Detention of Asylum Seekers in the European Union and Australia, a comparative analysis Katharina Eisele: The External Dimension of an EU’s Migration Policy: different legal positions of ThirdCountry Nationals in the EU. A Comparative Perspective M.K. Ozigré Privat Modeste: Les Organes Restreint Des Organisations Internationales Bekim Nuhija: “Expropriation and restoration of real property rights in the Federal Yugoslav Republic of Macedonia and in the Republic of Macedonia (FYROM): a legislative-historical study” David Collins: “The BRIC States and outward foreign direct investment in services” Emanuel G.D. van Dongen: “Contributory Negligence; A historical and comparative study” Jing Liu: “Compensating Ecological Damage: Comparative and Economic observations” Tina Orsolic: Socializing Europe - Solidifying EU Citizenship Sascha Hardt: Parliamentary Immunity - a Comprehensive Study of Parliamentary Immunity in the United Kingdom, France and The Netherlands Anke Moerland: Why Jamaica wants to protect ‘champagne’: Intellectual property protection in EU bilateral trade agreements Tamara Lewis: The Universal Periodic Review Mechanism of the United Nations Human Rights Council: Transforming the Human Rights Discourse Ardit Memeti: “Membership in International Organizations: Inequality among Equals” Fernando Souza de Man: “Taxation of Cross-Border Provision of Services in Double Tax Conventions between Developed and Developing Countries: A proposal for new guidelines”

Twenty years of European Union: Reflections from Maastricht Final conference in European Year of the Citizen series April 2013 | What do employers value in our faculty’s graduates? What are their strengths and weaknesses? And what is the future and significance of internships? The very first meeting of the Alumni Advisory Board was held on Friday 5 April. Fifteen FL alumni from different professional sectors came together to discuss the quality of our graduates and our study programmes and to share their practical experiences and suggestions.

Diverse group After a delightful lunch and introduction session, the group headed to the faculty boardroom.

Professor Raymond Luja opened the meeting with a presentation on our current academic programmes, our research organisation and several national developments. He then gave the floor to the alumni, asking them what professionals value and and what they miss in our alumni.

Lawyers, policymakers, judges, EC and EP personnel and members of the business community discussed the quality of our students and alumni and the content of our programmes.

Specialisations, skills and internships The conclusion was that our faculty produces outstanding alumni; individuals known for their excellent practical skills, their pragmatic approach and their solution-oriented mindset.

Of course, there were also some critiques.

Students should improve their orientation on the labour market and, despite the attention already paid to writing skills, receive even more thorough training to teach them how to write clear and structured memos and recommendations for clients. Their final piece of advice for students: specialise as much as possible and steer clear of excessively broad programmes. According to the board, this will enhance your immediate value and employability.

An internship is an excellent way to do this.

Advice The Alumni Advisory Board meets once a year, but will also convene in a smaller setting as required. The faculty greatly values their professional advice and insights on its programme quality and actively pursues them.

October 2013 | On 1 November 2013 it will be exactly 20 years since the Treaty of Maastricht entered into force. To mark this occasion Maastricht University organised a conference in partnership with the Municipality of Maastricht on 25 October: Twenty Years Treaty on European Union: Reflections from Maastricht. The conference will host a number of different speakers, such as former Prime Minister Ruud Lubbers, who will reflect on the changes that the treaty has brought about in the past twenty years.

What has the treaty meant for the economic and monetary union (introduction of the euro) over the past twenty years and how has it shaped the concept of ‘European citizenship’?

How has the treaty affected the world around us today?

The conference provides scholars, policy makers and politicians with a platform for dialogues on lessons learned from the past in relation to further development and the future of the EU. The speakers include former Prime Minister

Ruud Lubbers, former European Commissioner Pascal Lamy (until recently director-general of the World Trade Organisation), Christiaan Timmermans (former judge at the European Court of Justice) and Stephen Weatherill (Jacques Delors Professor of European Law at the University of Oxford).

European Year of the Citizen The EU has designated 2013 as the European Year of the Citizen, with a central focus on ‘European citizenship’. In relation to this, UM’s Faculty of Law has organised a series of conferences that have been held throughout 2013 and have dealt with different perspectives on this theme. Various topics have been addressed such as international trade, human rights, nationality law and free movement and EU law.

Appointments

March 2013 | Prof. Dr. Aalt-Willem Heringa appointed European co-dean China EU School of Law (CESL) As per 1 January 2013 prof. Dr. Aalt Willem Heringa has been appointed European co-dean of the China EU School of Law (CESL) in Beijing.

Since 2007 CESL is a project of a consortium of European law faculties and a number of Chinese partners. The project is funded by the EU. CESL offers master programmes for Chinese and international students, funds and conducts research and offers trainings for legal professionals in China.

EURANET Transnational Migration in Transition: Transformative Characteristics Temporary Mobility of People March 2013 | Prof. Fons Coomans appointed visiting professor at University Cape Town Prof. Fons Coomans (head of the department International and European Law and coordinator of the Maastricht Centre for Human Rights at Maastricht University) has been appointed visiting professor at the University of Cape Town, School of Public Health for the coming 3 years. He will continue and extend the cooperation with this faculty in the field of research as well as education with respect to the right to health.

September 2013 | Prof. Sjef van Erp re-elected for Counsel European Law Institute At the elections for the Council and the Executive Committee of the European Law Institute prof.

Sjef van Erp was re-elected as a member of the Executive Committee. Not only was Van Erp a candidate but he was also the election committee’s Chairman. Subsequently, the executive committee chose Diana Wallis (former vice-president of the European Parliament) as President, Christiane Wendehorst (professor of civil right in Vienna) as Vice-president and Johan Gernandt (chairman of the Swedisch national bank) as Treasurer.

September 2013 | What are the transformative characteristics and development impacts of the temporary mobility of people and what are their policy implications on European and global scales?

Maastricht University’s Faculty of Law takes part in an extensive research consortium (EURA-NET) aiming at mapping current characteristics and related policy impacts of temporary transnational migration and mobility between national borders.

Peter van den Bossche reappointed as judge at the World Trade Organization December 2013 | Professor Peter van den Bossche has been reappointed as judge at the Appellate Body of the World Trade Organization (WTO). This was decided at a recent meeting in Geneva by the 159 WTO Members. Van den Bossche was appointed for a second four-year term. The Appellate Body is the highest international court for trade disputes.

Documentary about Theo van Boven and his role in protecting Human Rights at the United Nations

Peter Van den Bossche joined the Faculty of Law of Maastricht University (UM) in 1992 after he had worked at the European Court of Justice in Luxembourg. Since 2001, he is professor of International Economic Law at (UM). In addition, he is professor at the College of Europe in Bruges and the World Trade Institute in Berne. He is the author of the most used textbook on international trade law, The Law and Policy of the World Trade Organization, of which the third edition was published in 2013 by Cambridge University Press.

December 2013 | On 10 December, prior to the Theo van Boven Lecture, the 30-minutes lasting film about Theo van Boven will be shown for the first time. Anyone interested is warmly invited to attend (Faculty of Law, Statenzaal, 18.00 hours). The film is an extended version of the one shown during the Theo van Boven Lecture in 2012 and is about Van Boven’s life in the 70s and 80s. In his position at the United Nations he struggled to bring about changes and fought for ameliorations of Human Rights. Following the film, Carlos Villán Durán, President of the Spanish Society for International Human Rights Law and former staff member of the UN High Commissioner for Human Rights will deliver the Theo van Boven lecture about the human right to peace.

Moot Court Competities

(Willem Loof and Catalina Goanta). Reaching the final, Maastricht University was announced the winner of the competition after a challenging session against Silesia. Armin Lambertz also received a prize for one of the best oralists in the competition.

June 2013 | This year, the faculty has been represented in the following competitions: - European Law Moot Court Competition - International Client Counselling Competition (ICCC) - Philip C. Jessup International Law Moot Court Competition - European Tax Law Moot Court Competition - Common Frame of Reference - Rene Cassin Moot Court - Willem C. Vis Moot Court Competition

In the other competitions, the Maastricht team in de European Law Moot Court Competition reached the semi-finals and won the prize for ‘best written pleading’. Amélie Habets won de ‘Ole Due’ Special Achievement Award for the best oral pleader. In the Phillip Jessup Moot Court Competition the Maastricht team reached the finals but lost by negligible points. Abby Ryan won the Best Oralist Award in the final round. And in the European Tax Law Moot Court Competition our team ended in fourth place. Daniela Hartley won the prize for ‘best individual defendant’.

Since 1996, the Appellate Body, consisting of seven judges among whom one European, has ruled in 110 trade disputes between WTO Members. This makes the Appellate Body the most active of all international courts. In comparison: the International Court of Justice in The Hague rendered in the same period 54 judgments.

In the past four years, Van den Bossche was a final appeals judge in disputes that attracted much public attention, such as the dispute regarding the tens of billions of euros of alleged European subsidies to the aircraft manufacturer Airbus and the dispute regarding a US prohibition on the sales of certain flavoured cigarettes (kretek), which appeal in particular to young smokers.

successful again Common Frame of Reference

The Maastricht European Private Law Institute decided to send a team to the first International Moot Court Competition Draft Common Frame of Reference (DCFR). The team consisted of five students (Tom Dopstadt, Maryam Salehijam, Stephanie Kohl, Katja Zimmerman and Armin Lambertz) and two coaches

Current affairs lecture prof. Liesbeth Lijnzaad on Arctic Sunrise case November 2013 | On 27 November Professor Liesbeth Lijnzaad will give a current affairs lecture on the Arctic Sunrise case (Netherlands v. Russia) that is currently pending before the Law of The Sea Tribunal in Hamburg.

Professor Lijnzaad is agent of the Netherlands in this dispute. She is Legal Adviser of the Netherlands Ministry of Foreign Affairs and professor on the practice of international law at the Faculty of Law.

Inaugurations June 2013 prof.mr.dr. A.J. van Doesum, extraordinary professor Value Added Taxes “Ondanks een onlosmakelijke samenhang”

May 2013 prof.dr. Wouter Devroe, extraordinary professor Competition Law “The protection of noneconomic interests in European competition law”