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Academy of European Law

Judge Tamara Perišin delivers AEL Distinguished Lecture 2024

On 21 June 2024, Tamara Perišin, Judge at the Court of Justice of the European Union, delivered the Distinguished Lecture, ‘Vigilance of individuals before the Court of Justice of the European Union (CJEU)’, as part of the Academy of European Law's (AEL) Summer Course on the Law of the EU.

27 June 2024 | Event

AEL Distinguished Lecture_Persin

In her opening remarks, Judge Perišin expressed how the vigilance of the rights of individuals has been at the core of the jurisprudence of the CJEU since the early 1960s. Indeed, in referencing the first and exemplary case of Van Gend en Loos v Nederlandse Administratie, "individuals, through their vigilance, through protecting their own rights, are actually protecting the whole EU legal order," she stated.

The lecture, held at Villa Salviati, was divided into three parts. The first two addressed the legal basis for individuals to defend their rights before the CJEU and the recent cases in the fields of rule of law and environment. The last part concluded with questions and feedback.

In the first part of her lecture, Judge Perišin elaborated on Article 263 (4) of the Treaty of the Functioning of the European Union, which refers to the foundation in law that allows individuals to institute proceedings when their rights have been violated. In presenting the debate on the broadness of the standing rules and through a visual representation of the number and nature of proceedings before the CJEU in previous years, Judge Perišin contextualised the significance of the vigilance of individuals in EU law.

The second part of the Distinguished Lecture allowed participants to delve into the most recent cases in CJEU jurisprudence where individuals have initiated proceedings before the institution. By focusing on the areas of the rule of law and environment, Judge Perišin illustrated a range of cases in which individuals have sued Member States, third countries, and European institutions to protect their rights.

Finally, Judge Perišin brought to the fore engaging questions to spark critical thinking amongst the audience. "Given the importance of the vigilance of individuals”, she posed, “should the rules on the standing of the applicants be broader, or maybe not? Do the standing rules ensure equal access to EU courts?"

In reacting to the benefits that the Distinguished Lecture offered, EUI Law Researcher Lukas Schaupp commented: "Having Judge Perišin give her lecture here at the EUI was a great opportunity to benefit from her insider perspective on the law." Despite the long-standing and topical question of who has standing in front of the CJEU, "hearing the reflections of someone from within the core of the EU's chief judicial authority and debating whether the existing rules, in fact, guarantee equal access to EU Courts was invaluable for the appreciation of the complex legal considerations that arise in this context," Schaupp added.

Areg Navasartian Havani, Research Assistant at the Centre de Droit Européen of Brussels, shared that "the forte of the CJEU is that the judges they choose are not only incredibly knowledgeable, but also great speakers, and Tamara Perišin was no different." Moreover, Navasartian Havani stressed how this lecture was a "wonderful opportunity and true privilege for young(ish) scholars to have direct access to a judge who expertly navigated [us] through different cases in which individuals enforced the rule of law," emphasising how "it is another testament to the high quality of the Summer Course offered by the Academy of European Law."

 

This Distinguished Lecture was part of the Academy of European Law’s Summer Course on the Law of the EU, which took place in Florence and online on 17-28 June 2024.

Last update: 27 June 2024

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