1st Discussion Panel
Trajectories of the European Rule of Law
Assumed ? Contested ? Defended ? Revealed ?
Moderator :
Professor Tomasz Tadeusz Koncewicz, attorney-at-law, University of Gdansk, Poland
This panel is dedicated to the definition of the rule of law in the historical pespective of the construction of Europe
Professor Sir David A.O. Edward – Former judge of the Court of justice of the European Communities, 1992-2004, University of Edinburgh, United Kingdom
He explains the historical background of the construction of the european market at the begining of the fifties
Professor Tamara Capeta – Advocate General at the Court of Justice of the European Union, University of Zagreb, Croatia
In the EU the rule of law is tightly connected to the democracy; it is a tool that enables the building of an equal society anf freedom
Professor Marc de Werd – Senior Justice at the Amsterdam Court of Appeal, University of Amsterdam, The Netherlands
Rule of law is inherent in a civilised society; that has to be worked every day not only in Poland but also in Holland and other countries
Tomasz Wardynski – attorney-at-law, Founding Partner of Wardynski&Partners, Poland
Rule of law is the carbure to be put in motion for the need of the society
Raffaele Sabato – Judge of the European Court of Human Rights, France
He makes reflections on the rule of law seen in the perspective of our european regional level and the choice made after the war to have the european convention of human rights within the Councel of Europe
Lawyers are essential for the rule of law as well as judges, the ones are necessary to the others
Intermediate conclusions
Rule of law is not just an ornament
Edward explains the genesis of the construction of the european community and the notion in Germany and Italy of the Rechtsstaat; the idea of the protection internationaly of the individuals towards the state
Wardinsky explains that the pace of political union was maybe too fast to swallow for some people and institutions and therefore came nationalism; he explains the phenomenon of the emotions of the masses
De Werd thinks that the rule of law crisis is much bigger than only the polish situation
Capeta stresses that the Court of Justice never dares to say that the judicial system in Poland doesn’t work
The internal market was a tool to build more than a common market but to build a common future; the Court of Justice can not give up the system and has to try to find some balance
The rule of law in one sentence
Edward believes that rule of law exists in the name of the individual and regrets that we are facing the lie of populism and that the lie ist he same in every country.
For Sabato rule of law is in the name of the human beings relating within the framework of the governments; « We need a democratic society within the rule of law»
For Capeta rule of law is in the name of the individual freedom; what is problematic with nowadays populism is that the populists try to persuade people that the individual freedom is not important
De Werd : rule of law is necessary first for the individual but further for a just society at large
For Wardinsky rule of law is in the name and on behalf of the civic society
Moderator: We have to adapt the language, to recognize the signs of danger, we lawyers are citizens and have to educate the other lawyers
Question in the public
A polish colleague asks the judge Sabato if the European court of human rights is conscious that in Poland the decisions of this court are not applied
Dominique Attias, former president of the FBE tells us words of encouragement : we lawyers are all responsible in order to make live and defend the rule of law
2nd Discussion Panel
Rebuilding Ukraine and Paving ist path to Europe
What role fort he law and the lawyers ?
Moderator :
Joanna Wsolek : attorney-at-law, The Krakow Bar Association, Poland
In her introduction she presents 3 perspectives :
- Future of Ukraine is Europe (presentation from the european commission Georg Ziegler responsible for preparing the ukranian accesion to the EU ; presentation from Pravojustice by Anna Adamska-Gallant advising on reforms of the judicial system in Ukraine in confirmity with rule of law
- Ukrainian perspective with the presentation of Oleksander Gryban from the ministry of economics and the platform Advantage Ukraine (the aim of the platform is connecting collecting investments with investors) and presentation from attorney Oleksander Kravets about legal framework for investment in Ukraine.
- Legal challenges overcoming state immunity and using russian frozen assets for a war reparation (presentation by Volodymir Halchenko from the comity for war reparations at the Kyiv regional bar association).
Georg Ziegler – Advisor in the Ukraine Service in Directorate-General for Neighbourhood and Enlargement Negotiations, European Commission, BrusselsUkraine …
He explains the way for Ukraine to access to EU in a very complete presentation of 20 minutes
He mentions the text of the TEU art. 2: «The union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for humanrights, including the rightsof persons belongingto minorities […]
And explains the Copenhagen criteria (1993)
Political (1)Stable dmocratic institutions , rule of law, human rights, protection of minorities ; Economic (2)etc.
Anna Adamska-Gallant, PhD, attorney-at-law, international key expert for Pravojustice.eu, Poland
Oleksander Kravets attorney-at-law, Partner at TEFFI Law Firm, former judge of the Appellate Court
Oleksander Gryban – Investment Team Lead at Advantage Ukraine, former Dewputy Minister of Economy of Ukraine, Ukraine
Volodymyr Halchenko – attorney-at-law, Kyiv Region Bar Association
He presents the concept to prepare the necessary actions in order to obtain the reparations for Ukraine in cooperation with foreign lawyers in order to obtain and implement judgments against russian state, russian public entities and russin oligarchs whose assets have been frozen.
For this action the lawyers of all european countries should be active in their own countries regarding the frozen assets situated in their home state.
Conclusion of the moderator :
First where as we are confronted with the crisis of the rule of law in old Europe we see tha trule of law is a key element for the thar Ukraine is Ukraine integration with european union and the reforms that are already on the way desppite of the war show that Ukraine is really commited to implement reforms that will it a truly modern and democratic state.
Secondly we should not wait with rebuilding ukraine until the war ends because Ukraine is a functioning state undergoing deep reforms and the integration in the EU is already on the way and there is place for investing in Ukraine as the way to reinforce the state and by this help this country to become modern and based on green economy after all these dramatic destructions (instead of the old sovietic built infrastructures).
Laslly lawyers from Europe may help Ukraine by sharing the knowledge about this modern framework and by this assist their clients who are potential investorsors in Ukraine and also to participate in legal procedures aiming collecting reparations with the assets already frozen in Europe.
Assisting Ukraine in the integration in Europe will mean having a new member who has a modern economy, a great number of start ups and who is a true believer in european values such as rule of law and democracy.
3rd Panel
The Implications of AI and ChatGPT for Lawyers and Legal Services
Moderator :
Maria Dymitruk – attorney-at-law, the Wroclaw Bar Association of Attorneys-at-law, Poland
Maria Dymitruk introduces the topic
Charles Kerrigan – Partner of International Law firm CMS, The United Kingdom
He is convinced that law firms will utilise generative AI
Francesco Spina – attorney-at-law, Member of the FBE New technology Commission, Italy
The number of lawyers will diminish in the next 4 years according to a report of the world economic forum for the period 2023-2027 ; for those who will stay in the profession it will be important to be able to manage with AI.
We have to raise awareness through information, workshops, « I think that we do not need new rules (see NT Commission guidelines on generative AI – FBE number 5) »
The principles do not change, we just need to understand the risks brought by these new tools
Maria Dymitruk: we have to wake awareness at understanding of AI
Professor Wojciech Wiewiorowski European Data Protection Supervisor, University of Gdansk, European Union/Poland
He thinks that the states should not overregulate
Maria Dimitruk: many courts have begun to try to work with AI; is it a good think that courts do it?
Giulia Gentile -PhD, Essex Law School, The United Kingdom
MD: using AI in criminal law is it more dangerous than in other matters?
Spina answers so : Are we ready as lawyers to even ask the question if an evidence is real or artificial ?
« Yes I think it is more dangerous because mistakes in criminal law can have an enormous cost ; secondly criminal trials have often a political implication »
W :To keep the dialogue, not to make conclusions
Kerrigan : stresses the importance of the AI act ( ?)
Spina : We have to figure out tools in order to use them properly
Kerrigan : we dont need AI lawywers we just need lawyers able to use them safely
Conclusion moderator :
Aware is raising and information is crucial
