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President of the STF proposes creation of Commission on Latin America


Chief Justice Joaquim Barbosa of the Brazilian Federal Supreme Court (STF), presented proposals of “long and medium term” action to the Sub-commission on Latin America which is part of the Venice Commission. According to the President of the STF, “in a long term perspective,” the Sub-commission’s objective is to establish a permanent and independent organ on Latin America, a “sister-institution” of the Venice Commission. He highlighted that, while the Sub-commission works for the attainment of that objective, its members will continue to work together with other members of the Venice Commission “in the elaboration of a work plan for the strengthening of its consultative forum and of dialogue platform for the region.”

Also according to the Chief Justice, various activities could be developed “in a more immediate horizon” in 2015 by the Sub-commission, at the city of Ouro Preto (MG).
The Supreme Court’s President suggested the following themes as topics for this work: judicial review by omission; the Public Ministry’s independence; the Judicial Power’s budgetary autonomy; electronic elections; and, judge with genre perspective. “These are only suggestions and other topics suggested by the members of the Commission are very welcome,” Chief Justice Joaquim Barbosa stressed.

He also proposed that the Sub-commission on Latin America of the Venice Commission should “promote research on constitutional reforms in progress on Latin America.” Thus, he suggested the creation of work groups or of a network of experts that may “support the Commission on the most recent developments within the constitutional field on Latin America.”

Schedule

MONDAY, 5 MAY 2014


Opening session

9:00 Opening address
Mr Joaquim Benedito GOMES BARBOSA, President, Federal Supreme Court, Brazil

9:10 Opening address
Mr Gianni BUQUICCHIO, President, Venice Commission

SESSION I - Defining economic and social rights in the Constitution

Chair: Ms Herdis THORGEIRSDOTTIR, Vice-President of the Venice Commission, Professor, President of the European Women Lawyer’s Association

9:20 The constitutional entrenchment of Social Rights in Europe: their definition
Ms Veronika BILKOVA, Professor, Member of the Venice Commission, Czech Republic

9:40 Social Rights in the Constitution of Brazil
Mr Joaquim Benedito GOMES BARBOSA, President, Federal Supreme Court, Brazil, Member of the Venice Commission

10:00 The Moroccan experience in protecting economic and social rights in the Constitution
Mr Ahmed HERZENNI, Professor, Former member of the Moroccan Commission on the Reform of the Constitution, former President of the Advisory Council on Human Rights of Morocco

10:20 Definition of social rights in Venezuela: the construction of the social State
Mr Juan José NUÑEZ CALDERON, judge, Supreme Court, Venezuela

10: 40 Discussions

11:10 Family photo and Coffee break

SESSION II - Economic crisis and the international protection of rights

Chair: Mr Roberto CALDAS, Vice-President, Inter-American Court of Human Rights

11:30 Protection of rights in times of crisis within the Covenant of Economic, Social and Cultural Rights: The United Nations’ experience
Mr Renato Zerbini RIBEIRO LEAO, member of the UN Committee on Economic, Social and Cultural Rights, will address the audience with a broadcasted message

11:50 Protection of economic and social rights: the role of the European Court of Human Rights
Mr Vincent BERGER, Professor, former Jurisconsult of the European Court of Human Rights

12:10 The European Social Charter: the Committee and the protection of social rights in times of economic crisis
Luis JIMENA QUESADA, President of the European Social Charter Committee, will address the audience with a broadcasted message

12:20 The Protocol of San Salvador and the economic crisis: the role of the Inter-American Court of Human Rights
Mr Alberto PEREZ PEREZ, Judge at the Inter-American Court of Human Rights

12:40 Discussions

13:10 
Lunch


SESSION III - Constitutional limits on rights in times of crisis: amending the Constitution

Chair: Ms Carmen Lucia ROCHA ANTUNES, Judge, Federal Supreme Court, Brazil, Substitute Member of the Venice Commission

14:30 Is the “Golden Rule” an adequate constitutional response to an economic crisis?
Mr Pablo PEREZ TREMPS, Professor, former judge of the Constitutional Court of Spain

14:50 Changing a Constitution in times of crisis - the Tunisian Experience
Ms Ikbal BEN MOUSSA, Professor, Tunis

15:10 Amending the Constitution in a double transition to democracy and social peace: the case of Uruguay
Mr Jorge LARRIEUX RODRIGUEZ, President, Supreme Court, Uruguay

15:30 Amending the Constitution in a post-communist country: what protection of economic and social rights in the Russian Federation?
Mr Vladimir LAFITSKY, Deputy Director, Institute for Legislation and comparative law, Moscow, Russian Federation, Substitute member of the Venice Commission and member of the International Advisory Academic Board of the International Anti-Corruption Academy

15:40 Discussions

16:10 
Coffee break


SESSION IV: Justiciability of economic and social rights

Chair: Mr Luis Ernesto VARGAS SILVA, President, Constitutional Court of Colombia

16:30 Civil and Political Rights as the Basis for the Protection of Social Rights. The role of Articles 8 and 25 of the ACHR in the protection of economic and social rights
Mr Roberto CALDAS, Vice-President of the Inter-American Court of Human Rights

16:50 Access to justice and the protection of social rights in Nicaragua: the state of the debate
Ms Alba Luz RAMOS VANEGAS, President, Supreme Court, Nicaragua

17:10 The case-law of the Supreme Court of Costa Rica
Ms Nancy HERNANDEZ LOPEZ, Judge, Constitutional Court of Costa Rica

17:30 Access to justice and legitimate interest: the protection of collective rights in Mexico
Mr Manuel GONZALEZ OROPEZA, Judge, Federal Electoral Court, Mexico, Substitute Member of the Venice Commission

17:50 Discussions


TUESDAY, 6 MAY 2014

SESSION V - Social benefits and austerity measures: the challenges

Chair: Mr Juan José ROMERO GUZMAN, Judge, Constitutional Court, Chile, Member of the Venice Commission

10:00 The role of courts during welfare reform and economic crisis
Mr Jeff KING, Senior Lecturer, University College London

10:20 Social benefits and austerity – the case-law response in Greece
Mr George GERAPETRITIS, Professor, University of Athens

10:40 The case-law response to the protection of economic and social rights in Ecuador
Mr Antonio GAGLIARDO, Judge, Constitutional Court, Ecuador

11:00 Case-law response in Colombia
Mr Luis Ernesto VARGAS SILVA, President, Constitutional Court of Colombia

11:20 The effects of austerity on the case-law of the Constitutional Court of Peru
Mr Oscar URVIOLA HANI, President, Constitutional Court of Peru, member of the Venice Commission

11:40 Discussions

12:10 
Lunch


SESSION VI - Equality in times of crisis: disadvantages for already disadvantaged groups

Chair: Mr Oscar URVIOLA HANI, President, Constitutional Court of Peru, member of the Venice Commission

14:00 The impact of an economic crisis on socio-economically vulnerable groups: public policy and the role of law. The experience of Chile
Mr Juan José ROMERO GUZMAN, Judge, Constitutional Court, Chile, Member of the Venice Commission

14:20 A gender based approach on crisis effects. The role of justice
Ms Carmen ALANIS, Judge, Federal Electoral Court, Mexico, Substitute Member of the Venice Commission

14:40 The impact of an economic crisis on disadvantaged groups: the case of El Salvador
Mr Edward Sidney BLANCO REYES, Judge, Supreme Court, El Salvador

15:00 The impact on indigenous groups in a plurinational Constitution: the state of the debate in Bolivia
Mr Efren CHOQUE CAPUMA, President, Constitutional Court of Bolivia

15:20 The protection of economic and social rights of children in times of financial crisis: the challenges
Ms Herdis THORGEIRSDOTTIR, Vice-President of the Venice Commission, Professor, President of the European Women Lawyer’s Association

15:40 Equality and disadvantaged groups: the impact of the economic crisis in Peru
Mr Jorge Luis SALAS ARENAS, Judge, Supreme Court, Peru

16:00 Discussions

16:30 CONCLUSIONS

Mr Gianni BUQUICCHIO, President, Venice Commission
Mr Joaquim Benedito GOMES BARBOSA, President, Federal Supreme Court, Brazil

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