Dr. Abdelmadjid Nedjari holds a Ph.D. in International Commercial Arbitration. He is a member of the French Bar Association. During and after his doctorate, Abdemadjid gained experience in business working as in-house and legal consultant in France, Canada and the United Arab Emirates. He is a lecturer in different fields including commercial arbitration, international business law, alternative dispute resolutions and European Union law.
He currently occupies the position of Legal Officer at the Court of First Instance in France where he works on a wide range of topics, including criminal law, commercial law and financial crimes.
The idea of a European Union was born in a context of world conflict. The purpose was to create a de facto community which was to be achieved through concrete achievements.
On the one hand, the setting up of the constitutive treaties of the European communities and their evolution implied that the fundamental rights were in a sense implicitly recognized in terms of the internal market with the various freedoms related to the movement of people and goods. However, the evolution of the economic communities towards a political Union was a turning point in terms of fundamental rights. The idea of an implicit existence has been transformed into the need for an explicit recognition in the treaties. This recognition is quite challenging because of the legal competence in matters of fundamental rights provided by two major texts, the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms. This later point represents an opportunity to present the famous 2/13 opinion returned by the European Court or Justice and the refusal of the accession of the EU to the European Convention for the Protection of Human Rights.
The purpose of this presentation will be to have an overview of the “paradox” of the fundamental rights in the European region, the main purpose but difficult path in the harmonization of these rights recognized for the sole benefit of European Union citizens.
Plan of the Lecture:
- Introduction;
- I. The obvious fundamental rights in the construction of the European Union;
- II. The need for explicit recognition of fundamental rights in the contemporary era;
- III. The opinion 2/13 of the European Court of Justice and the recognition of fundamental rights.
NB! The lecture will be held in a hybrid format: offline in aud. 110 and online via Zoom on December 14, at 14:00-15:30 (Lithuanian time). To participate (either online or offline), please register via the link.