ICON-S BENELUX Chapter Inaugural Conference
Crises, Challenges, and the Future of Public Law
The newly founded ICON-S Benelux Chapter will organize its Inaugural Conference on 26-27 October 2023. The conference will take place in Maastricht (NL), hosted by Maastricht University - Faculty of Law, with a fully in-person program of panels and keynote sessions. The overarching theme of the conference is Crises, Challenges, and the Future of Public Law.
Conference Theme
In recent years, crises seem to have been succeeding at a rapid pace globally, as well as in Belgium, the Netherlands, and Luxemburg: the financial and migration crises, the COVID-19 pandemic, climate change, and the Russian invasion of Ukraine, are just some examples of recent events that have had profound and tragic consequences for our societies. At the same time, new challenges have also emerged for European and national public law, such as those raised by the increasing digitalization of all branches of human activities. These crises and challenges have put pressure on the institutional arrangements of public governance in different ways.
For example, in Belgium, debates rage as to whether Belgian complex federal arrangements are fit for tackling crises such as a pandemic or the challenge of climate change, and as to what should be the respective roles of Parliament and the executive in these contexts. The role of judges and their legitimacy in making decisions with substantial policy consequences are also increasingly debated, as reflected in the discussions around the role of the Belgian Constitutional Court in the protection of socio-economic rights.
A similar trend can be observed in the Netherlands. The COVID-19 crisis exposed compelling constitutional tensions in the Netherlands. The Dutch response to the pandemic provoked debates on the legitimacy of decentralized emergency regulations, the parliamentary oversight and judicial control over the measures adopted by the Dutch government, and the prominent role of public health experts in shaping COVID-19 policies. The ongoing nitrogen debate in the Netherlands also poses complex issues from a public law perspective. In 2019, the Council of State declared that the Dutch nitrogen policy was not in line with the Habitats Directive. Since then, there is a heated discussion not only on the concrete strategies to reduce nitrogen emissions but also on the constitutional challenges which may prevent the Netherlands from effectively tackling this urgent problem.
In Luxembourg, the period coincides with the adoption of a new constitution after 175 years and many amendments of the old one being replaced. Will it prove capable of weathering the new storm?
For all topics, the EU dimension cannot be ignored. In the Benelux approach, European multi-level systems play a vital role in framing the legal responses. Likewise, international institutions have also been put in the spotlight. As our crises and challenges extend beyond national borders, questions have emerged on whether international organizations or the European Union are doing enough (or perhaps too much) in providing solutions to pressing societal issues. The crises and challenges that our societies face have, in sum, called attention to the role of public law and its actors in today’s world: what does public law stand for in the face of these crises and challenges? Which are the global and local institutions emerging and disappearing? How are these crises changing or challenging the role of public law? Conversely, should the role of public law be rethought and reshaped for it to be able to tackle these challenges?
Reflecting on these issues and approaches, our plenary sessions will be organized around two main topics: balancing of rights and obligations in the pandemic and post-pandemic era and legislative and judicial responses to climate change. The conference theme also invites (re‑)consideration of a variety of other topics and approaches that are of ongoing and widespread interest in public law, including but not limited to questions of constitutional identities and pluralism, alternative approaches to rights protection, comparative constitutional law and institutional design, and political versus legal constitutionalism, among others. All these will be discussed in parallel panel sessions.
Keynote speakers will include
- Prof. Carole Billet (Hasselt University)
- Dr. Kathalijne Buitenweg (Raad van State)
Programme
Download the PDF version of the final programme here.
DAY 1: OCTOBER 26
10:00-12:15 |
REGISTRATION |
10:30-12:00 |
YOUNG SCHOLARS RESEARCH FORUM Paul Dermine (Université Libre de Bruxelles) Eva Van Vugt (Utrecht University) Salvatore Nicolosi (Utrecht University) ROOM: Statenzaal |
12:15 |
OPENING CEREMOMY ROOM: Statenzaal |
12:30-14:00 |
KEYNOTE SESSION I Speaker: Kathalijne Buitenweg (Raad van State) ROOM: Statenzaal |
14:00-14:30 |
COFFEE BREAK |
14:30-16:00 |
PANEL SESSION I PANEL #1: THE CHALLENGES OF RULE-MAKING IN THE EU CHAIR: Ton van der Brink PANEL #2: AUTOMATION, VULNERABILITY AND HUMAN RIGHTS CHAIR: Johan Wolswinkel PANEL #3: THE JUST TRANSITION AND ENERGY JUSTICE (I) CHAIR: Leonie Reins PANEL #4: MONETIZING INFLUENCE ON SOCIAL MEDIA: BETWEEN POLITICAL AND COMMERCIAL SPEECH CHAIR: Catalina Goanta PANEL #5: PUBLIC LAW′S INTERACTION WITH ECONOMIC POLICY CONSIDERATIONS CHAIR: Joana Mendes PANEL #6: CONSTITUTIONALISM AND THE ROLE OF JUDGES IN TIMES OF CLIMATE TRANSITION CHAIR: Aube Wirtgen and Eleni De Becker PANEL #7: INTEGRATIONAL CHALLENGES LEADING TO CONSTITUTIONAL CHANGE CHAIR: Patricia Popelier PANEL #8: NEW VOICES ON THE LIMITS OF THE LAW TO STOP DEMOCRATIC & RULE OF LAW BACKSLIDING IN THE EUROPEAN UNION CHAIR: Catherine Van de Heyning |
16:00-16:30 |
COFFEE BREAK |
16:30-18:00 |
PANEL SESSION II PANEL #9: VULNERABILITY AND ECONOMIC INCLUSION CHAIR: Johan Wolswinkel PANEL #10: CONSTITUTIONAL LAW AND TIME CONSTRAINTS CHAIR: Franco Peirone PANEL #11: NUDGES AND THEIR CONSEQUENCES: A LEGAL PERSPECTIVE CHAIR: Eva van Vugt PANEL #12: DEFENDING CONSTITUTIONAL DEMOCRACY: MILITANT DEMOCRACY, INFORMAL NORMS AND STRATEGIC LITIGATION CHAIR: Jerfi Uzman PANEL #13: GOVERNING STATES AND MARKETS CHAIR: Paul Dermine PANEL #14: THE CROSS-BORDER DIMENSION OF GOVERNANCE CRISES AND CHALLENGES CHAIR: Pim Mertens PANEL #15: POWER, KNOWLEDGE AND EU LAW CHAIR: Marta Morvillo PANEL #16: THE JUST TRANSITION AND ENERGY JUSTICE (II) CHAIR: Leonie Reins PANEL #17: DIGITALIZATION OF THE PUBLIC SECTOR AND DIGITAL EXCLUSION CHAIR: Mariana Gkliati
|
18:00-19:00 | Social drinks Room: Lenculenhal |
DAY 2: OCTOBER 27
9:30-11:00 |
PANEL SESSION III PANEL #18: LEGAL INSTRUMENTS TO (DE)RATIONALIZE POLICYMAKING: OPPORTUNITIES AND LIMITS CHAIR/DISCUSSANT: Patricia Popelier PANEL #19: CONSTITUTIONAL DEVELOPMENTS IN THE AFTERMATH OF THE COVID-19 PANDEMIC CHAIR: Jacob van de Kerkhof PANEL #20: BALANCING RIGHTS AND DUTIES IN CLIMATE CHANGE POLICIES CHAIR: Harriet Ní Chinnéide PANEL #21: NEW INSIGHTS INTO THE RELATIONSHIP BETWEEN COURTS AND THE LEGISLATURE (DUTCH) CHAIR: Janneke Gerards PANEL #22: TRUST AND DISTRUST IN GOVERNMENT IN A MULTILAYERED GOVERNANCE SETTING CHAIR: Mathieu Leloup PANEL #23: PROTECTING CONSTITUTIONAL ESSENTIALS IN TIMES OF CRISIS: THE CASE OF BELGIUM CHAIR: Arvid Rochtus PANEL #24: PUBLIC PARTICIPATION IN ENVIRONMENTAL POLICIES CHAIR: Chiara Armeni PANEL #25: DECOUPLING AND RECOUPLING THE “TWIN” TRANSITIONS: DIFFERENT PERSPECTIVES OF AN ONGOING DIALOGUE CHAIR: Edoardo Chiti PANEL #26: EU LAW AND THE CITY (I) CHAIR: Carlo Colombo |
11:00-11:30 |
COFFEE BREAK |
11:30-13:00 |
KEYNOTE SESSION II KEYNOTE “The Belgian climate case: a case with a view” Speaker: Carole Billiet (Hasselt University) ROOM: Statenzaal |
13:00-13:15 |
CLOSING REMARKS Franco Peirone (Maastricht University) ICON-S Benelux Chapter Manager ROOM: Statenzaal |
13:15-14:30 |
CONFERENCE LUNCH ROOM: Lenculenhal |
14:30-16:30 |
PANEL SESSION IV PANEL #27: THE EUROPEAN MULTI-TIERED SYSTEM OF RIGHTS PROTECTION CHAIR: Mateus Correia de Carvalho PANEL #28: MIGRATION, REFUGEE, AND HUMAN RIGHTS CRISIS CHAIR: Henrique Marcos PANEL #29: THE EU AS A (DIS)UNION OF VALUES CHAIR: Leticia Díez Sánchez PANEL #30: FORWARD-LOOKING SOLUTIONS TO THE CLIMATE CRISIS CHAIR: Emma De Clercq PANEL #31: SETTING A SUSTAINABLE FUTURE IN THE EU CHAIR: Saide Esra Akdogan PANEL #32: EMERGING AND PERDURING CONSTITUTIONAL LAW CHALLENGES CHAIR: Pieter-Augustijn Van Malleghem PANEL #33: EU LAW AND THE CITY (II) CHAIR: Carlo Colombo |
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