Liberty in the Protective State

Ottobre 3, 2013

Liberty in the Protective State

Theories and Practices of State Obligations to Secure Civil
and Political Rights

Preliminary conference program

PROGRAM

9.15 a.m. Welcome by Conveners – András Sajó and
Renáta Uitz
9.30 a.m. – 11.00 a.m.
Panel 1: On Conceptual Issues
Chair: Judge András Sajó (ECtHR)
Matthias Mahlmann (University of Zurich): Fetters
without grounds? Protective obligations in the theory of fundamental rights
Kai Moller (LSE): From Limited Government to
Personal Autonomy: On the Basis of Fundamental Rights
Commentator: Renata Uitz (CEU Legal )
11.00 a.m. – 11.30 a.m. Coffee break
11.30 a.m. – 1.00 p.m.
Panel 2: On the Origins of Schutzpflicht and
its Implications
Chair: Pál Sonnevend (ELTE Faculty of Law)
Oliver Lepsius (University of Bayreuth):
[on the concept of Schutzpflichten and whether it should be
considered as a model for European aspects of positive obligations]
Kaarlo Tuori (University of Helsinki): The Uneasy
Relation Between the Rechtstaat and the Security Constitution
Commentator: Gábor Attila Tóth (University of
Debrecen, Faculty of Law)
1.00 p.m. – 2.30 p.m. Lunch at CEU Monument
Building, Gellner Room
2.30 p.m. – 4.30 p.m.
Panel 3: Adjudication and Positive Obligations I
Chair: tbc.
Judge Allan Rosas (CJEU): Duty-holders and their
obligations in respect of fundamental rights: a view from the European Court of
Justice
Judge Luis-Maria Lopez-Guerra (ECtHR): Between
Scylla and Charybdis: Positive Obligations and Conflicts of Rights
Dimitris Xenos (University of East London): Preliminary
Conditions for Positive Obligations: Scope and Limits of the ECHR that
Reinforce the Protection of Human Rights
Commentator: Judge Miklós Lévay (Constitutional
Court of Hungary)
4.30 p.m. – 5.00 p.m. Coffee break
5.00 p.m. – 7.00 p.m.
Panel 4: Adjudication and Positive Obligations II
Chair: Oreste Pollicino (Bocconi University)
Judge Zdravka Kaladjiyeva (ECtHR):Judicial Approaches
to Rights as Compared to Freedoms: Medical Issues in the ECHR
Judge Marc Bossuyt (President, Belgian Constitutional
Court): Positive Obligations and the Role of the Court of Strasbourg
Laurence Burgorgue-Larsen (Université Paris 1 –
Panthéon Sorbonne): [positive obligations in the Inter-American System of Human
Rights]
Commentator: Judge Péter Kovács (Hungarian
Constitutional Court)
7.30 pm Dinner at a nearby restaurant
Saturday, October 25 – at the CEU Auditorium (Monument
building):
9.30 a.m. – 11.00 a.m.
Panel 5: Social Science Panel on Paternalism and
Liberty (nudges, incentives, evidence-based social policy)
Chair: tbc.
Sigal Ben-Porath (University of Pennsylvania): Liberty,
Paternalism and the Protective State
Till Grune-Yanoff (Department of Philosophy and History
of Technology, Royal Institute of Technology (KTH)): The Democratic
Limitations of Nudge Policies
Commentator: Sa
uel Issacharoff (Reiss Professor
of Constitutional Law, New York University School of Law)11.00 a.m. – 11.30 a.m. Coffee break
11.30 a.m. – 1.00 p.m.
Panel 6: Social Science – On Social Justice
Chair: tbc.
Michael Adler (University of Edinburgh): The Case
for Constitutionalising Social Rights
Sarah Conly (Bowdoin): One Child: Do We Really
Have a Right to More?
Commentator : tbc.
1.00 p.m. – 2.30 p.m. Lunch at CEU
Monument Building, Gellner Room
2.30 p.m. – 4.00 p.m.
Panel 7: The Radiating Effect of Constitutional Rights?
Chair: tbc.
Jeremy McBride (Monckton Chambers): [liberty in
criminal due process]
Attila Menyhárd (ELTE Faculty of Law): Right to
Property: Implications in Private Law
Commentator: tbc.
4.00 p.m. – 4.30 p.m. Coffee break
4.30 p.m. – 5.30 p.m.
Closing general debate
Chair: tbc.
Judith Resnik (Arthur Liman Professor of Law at Yale
Law School): Globalization(s), Privatization(s), Constitutionalization and
Statization: Icons and Experiences of Sovereignty in the 21st Century
Commentator: Otto Pfersmann (Université de Paris I
Panthéon-Sorbonne) tbc.
7.00 pm Dinner at a nearby restaurant

October 25 – 26, 2013
Central European University, Budapest

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Coordinamento

Andrea Buratti, Alessandra Di Martino, Giuseppe Martinico, Anna Mastromarino, Oreste Pollicino, Giorgio Repetto, Raffaele Torino