Associate Professor Oswald Jansen, Constitutional and Administrative Law, Utrecht University School of Law, Netherlands, invited Professor Zhang Hong, Associate Dean of the Law School of Beijing Normal University, to be the law school from December 15, 2013 to December 27, 2013. Teachers and students brought six special lectures on the theme of EU administrative law.
Oswald Jansen is an associate professor of constitutional and administrative law at the University of Utrecht School of Law in the Netherlands, an attorney and legal counsel of the Hague Municipal Government, an assistant judge of the Gelderland District Court, a former Ph.D. assistant at the University of Amsterdam, and a lecturer in constitutional and administrative law at the University of Amsterdam. Senior scholar at the European Law Executive Research Center, Utrecht University, The Netherlands.
Lecture 1: Introduction to EU Administrative Law
At 10 am on December 17, 2013, Prof. Oswald Jansen gave the first lecture on the series of EU administrative law series, with the theme “Introduction to EU Administrative Law”. Associate Professor Zhang Hong, deputy dean of the School of Law, presided over the lectures and made wonderful comments. More than 40 students from both schools of law and law attended the lecture.
Professor Oswald Jansen first introduced the characteristics and background principles of EU administrative law, and then introduced the legal sources of EU administrative law including basic law, public international law, EU legal acts, member states' legal acts, and the interaction between EU law and member states' laws. The basic principles of EU member states include the principle of subsidiarity, the principle of proportionality and the principle of sincere cooperation, and the impact of the implementation of EU executive power. Although EU administrative law is a brand new legal field for law school teachers and students, Professor Oswald Jansen's speech is nuanced, and at the end of the lecture, he answered the students' questions and gave everyone a preliminary understanding of EU administrative law. Subsequent series of lectures will explore the EU's administrative law in greater depth.
Lecture 2: General Principles of EU Administrative Law
At 6:00 pm on December 18, 2013, Professor Oswald Jansen gave a lecture on “General Principles framing EU Administrative Law” for students of the Faculty of Law and Law in the 1824 Gao Mingzhen lecture hall.
At the beginning of the lecture, Professor Oswald Jansen enthusiastically talked with the students who participated in the lecture and started the lecture from the praise of Beijing and the exchange of teachers. The theme of this lecture is “General Principles of EU Administrative Law”. Professor Oswald Jansen elaborates on a series of principles of EU administrative law and compares the general principles of EU administrative law with the administrative law principles of EU countries. The similarities and differences between the two. Professor Oswald Jansen first analyzes each principle one by one, such as the principle of equality, the principle of proportionality, the principle of information disclosure, the principle of legal expectation protection, the principle of risk prevention, etc., the legal expectation protection principle and risk prevention that are unfamiliar to students during the lecture. The principles are explained in detail. And for the EU administrative law to analyze the judicial impact of the case and the effect of the impact on the administrative law system of each country. For the principles of EU administrative law and its changes, Professor Oswald Jansen pointed out that the basic principles of EU administrative law interact with the development of administrative law among EU member states, enriching the basic principles and contents of administrative law of each member state, and common principles. The formation shows that the EU's administrative law system is more open, and the EU administrative law system is moving toward integration.
Finally, the lecture ended in the students' active questions. This lecture was generally well received. This series of lectures enabled the students of the two schools of law and science to have an in-depth study and understanding of the EU with less contact, and achieved good results. .
Lecture 3: EU Administration, Procedures and Judicial Review
On December 20th, 2013 at 10:00 am, Professor Oswald Jansen was teaching the classroom of the Eighth 210, bringing a wonderful lecture to the teachers and students of the Faculty of Law and Law. The theme was: "EU Administrative law Structures, procedures and methods, and judicial Protection (EU administrative agency, procedures and judicial review). Associate Professor Zhang Hong, deputy dean of the School of Law, presided over the lecture and gave an overview. The students on the scene listened carefully and asked questions, and the atmosphere was active.
Professor Oswald Jansen first introduced the composition of the European Union and the main functions of each part. The European Union mainly includes the European Parliament, the European Council, the Council of the European Union, the European Commission, the European Court of Justice, the European Central Bank, the European Court of Auditors, the advisory body (Economic and Social Committee, the Regional Council) and the European Investment Bank. The following highlights the differences between the points and the Chinese administrative agencies and procedures. Finally, through vivid examples and detailed explanations, let us know how the EU will be achieved.
Professor Oswald Jansen used the easy-to-understand language to give the teachers and students a good understanding of the EU administration and its procedures and judicial review in a limited time. After the presentation, Professor Oswald Jansen patiently answered the questions raised by the students and took a photo with the classmates.
Lecture 4: EU Administrative Disciplinary System
At 6 pm on December 23, 2013, Professor Oswald Jansen gave a lecture on the subject of “Administrative Sanctions in the European Union” to the students of the School of Law and Law in the lecture hall of Gao Mingzhen. The lecture was presided over by Associate Professor Zhang Hong, Associate Dean of the Law School of Beijing Normal University.
At the beginning of the lecture, Associate Professor Zhang Hong expressed his sincere welcome to Professor Oswald Jansen on behalf of the teachers and students of the Faculty of Law and Law, and thanked Professor Oswald Jansen for bringing the knowledge and feast of the series of lectures on EU administrative law to teachers and students. Then, Professor Oswald Jansen greeted the students who participated in this lecture with enthusiasm and started the lecture. The theme of this lecture is “European Administrative Disciplinary System”. Professor Oswald Jansen mainly defines the administrative sanctions of the European Union, the division of criminal penalties and administrative sanctions, the general principles of administrative sanctions, the right to defend and the organization with disciplinary powers. Departing, the law school students detailed analysis and explained the EU administrative sanctions system.
Starting from the definition of the most basic EU administrative sanctions, Professor Oswald Jansen listed the broad and narrow definitions of EU administrative sanctions, the purpose of administrative sanctions and the definition of administrative sanctions in the Netherlands, and analyzed the characteristics of EU administrative sanctions and It is different from the previous countries in Europe. Secondly, Professor Oswald Jansen also deviated from the classification of administrative sanctions in the European Union. The administrative sanctions of the EU were divided into relief, repressive, preventive, economic and non-economic, criminal and non-criminal punishments. Give some examples to compare and make it easier for students to understand. And pointed out that in the administrative sanctions of the EU, criminal sanctions did not control administrative sanctions, the two are differentiated, and administrative sanctions are not all deterrent, and have multiple social roles. Then, focusing on the principles of EU administrative sanctions, Professor Oswald Jansen proposed the principle of legality of administrative sanctions, the principle of appropriate punishment, the principle of equality, etc., focusing on the principle of legality, combined with the principles of crime and the principle of the law of crime in EU law. The administrative sanctions were analyzed in many aspects from the perspective of the principle of appropriateness of punishment, punitive punishment and criminal behavior. Finally, Professor Oswald Jansen proposed remedial measures for punishment, such as the EU administrative law procedures to disclose the right to know, to seek the right legal representation and legal aid, to have access to the file, to have the right to oppose self-incrimination or to remain silent, and The procedures for disposition are required to be correct and prompt.
These legal knowledge about the administrative sanctions of the EU have given great enlightenment to all the students present here. We compare our administrative sanctions with them and deeply ponder the similarities and differences between the two. Finally, the reference bibliography recommended by Professor Oswald Jansen also provided a good learning help for everyone. The lecture ended with a pleasant exchange between Professor Oswald Jansen and the classmates. Has achieved good learning results.
Lecture 5: Implementation of EU Law
At 10:00 am on December 24, 2013, Professor Oswald Jansen was teaching the 7th 306 classroom, bringing a fifth wonderful lecture to the teachers and students of the Faculty of Law and Law. The theme was: “The Enforcement of EU Law” ". More than 50 students from the law school came to listen to the lecture.
Professor Oswald Jansen first introduced the entire situation of EU law enforcement, including several parts, such as administrative supervision, law enforcement in member states, and law enforcement by EU institutions. Next, Professor Oswald Jansen explained in detail the relevant principles of EU law enforcement, such as mutual respect for mutual cooperation, sincere cooperation, equivalence and efficacy, and explained separately. Finally, I introduced the obligations of member states to the implementation of EU law and the relevant provisions of EU law and secondary law.
Professor Oswald Jansen's series of wonderful lectures not only gave the teachers and students a lot of rewards, but also introduced a number of related materials and related books for everyone to understand. After the explanation, Mr. Oswald Jansen patiently answered the questions raised by the students and took a photo with the classmates.
Lecture 6: Administrative Law Reform
Professor Oswald Jansen brought the last lecture of the project lectured by overseas cultural and educational experts on the morning of December 27th from 10:00 to 12:00. The theme was “Reform of Administrative Law”. The lecture attracted more than 30 teachers and students from both inside and outside the school to attend the lecture.
In this lecture, Professor Oswald Jansen mainly introduced the emergence and comparison methods of the new discipline of administrative law, the constitutionalization, administrative modernization, Europeanization and internationalization as the engine of administrative law reform, and discussed the administration of China with the students present. Law reform.
Professor Oswald Jansen focused on the emergence of new disciplines in administrative law. He mentioned that jurisprudence is dominant in the discipline of administrative law, but in the future, jurisprudence should shift towards a more problem-solving direction. He elaborated on the jurisprudence method in the administrative law discipline from four aspects: the rule of law, legal doctrine, narrow viewpoint and systematic viewpoint. He mentioned that the demand for information generated by technology and increasing social complexity will require intelligent and alternative strategies for rulemaking. When talking about comparative methods, Professor Oswald Jansen mentioned that in the field of administrative law, comparative horizons are underdeveloped. At the same time, he introduced four steps to guide comparative research. With constitutionalization, administrative modernization, Europeanization, and internationalization as part of the administrative law reform engine, Professor Oswald Jansen explained economic efficiency, privatization, and deregulation. The government should be open and transparent when faced with citizens, and administrative law and methodology. As a consequence, the study of administrative law is inseparable from the systematic study of the Constitution. In the last part of the lecture, Professor Oswald Jansen mentioned the reform of administrative law in China. He cited the explanation of the draft amendment to the Administrative Litigation Law by Xin Chunying, deputy director of the Legal Affairs Committee of the NPC Standing Committee, and the students on the basis of the national administrative law system. The impact of economic and financial development is discussed. The lecture ended in a heated discussion atmosphere.
So far, Professor Oswald Jansen's six lectures at the Law School of Beijing Normal University have come to a successful conclusion. We look forward to Professor Oswald Jansen's opportunity to come back to the law school to give us a wonderful lecture.