RESEARCH
LPL EDITIONS
RESEARCH ACADEMY
HAPPENING
RESEARCH
Constitutional Law and Political Science
e-learning National Active Charter Training (e-NACT) GA nº 763875

Responsible Researchers:
Tiago Fidalgo de Freitas
Tiago Fidalgo de Freitas
Financing:
European CommissionJUST-AG-2016-04
European CommissionJUST-AG-2016-04
Project Status:
Closed
Closed

Summary
e-NACT will provide training activities and tools in areas of crucial importance for the application of the EU Charter of Fundamental Rights: asylum and migration; data protection; children rights; social rights in the labour field; and freedom of expression. Its main objective is to assist national legal practitioners to become familiar with the application of the Charter.
Objectives
Accordingly, the e-NACT Project purports to offer a training methodology and training activities that, coupled with the expertise of the trainers involved, will foster the emergence and consolidation of a common culture of fundamental rights. This is an essential prerequisite to mutual trust, which, in turn, is the cornerstone of judicial cooperation in Europe and, as highlighted by the CJEU in Opinion 2/13, the very foundation of the whole European edifice. For the purpose of addressing the aforementioned needs, the Project will offer systematic, interdisciplinary, interconnected and combined in person and e-learning training on: data protection; asylum and immigration; freedom of expression and combating hate-speech; children rights; and social rights in labour law. To this end, drawing on the successful experience gathered through the CJC-led Projects JUDCOOP (January 2013 - July 2014) and ACTIONES (ongoing; running until October 2017), the e-NACT Project will provide transnational platforms of confrontation and mutual learning between academics and legal practitioners from different Member States. Academics with proven expertise in providing training on European fundamental rights will put their qualified knowledge at the service of the practical needs of legal practitioners, to which they will constantly adjust the toolkit. At the same time, by discussing with academics and with other colleagues, also from different Member States, their difficulties or good practices with respect to the application of the Charter, legal practitioners will deepen their understanding of the Charter and equip themselves of new instruments and notions to use it effectively. In turn, academics will transfuse the experience gathered in the Project’s toolkit. This will be made available in an already existent on-line platform (ACTIONES Training Platform) managed by the Applicant, by way of updating the European and domestic jurisprudence and training materials, due to the development of legislative framework such as in the area of migration and asylum ; but also adding new areas of action, such as: data protection, freedom of expression and countering hate speech, children rights, social rights in labour law and adding 5 online modules, freely accessible by all EU legal practitioners. Thus e-NACT will bolster the Project’s contribution to a truly shared culture of fundamental rights.
Relevance
e-NACT targets the priority “Fundamental rights” by offering to legal practitioners – national judges, lawyers and other selected professionals chosen in light of the topic addressed – an online training toolkit which will raise their capacity to fully exploit the potential of the Charter in key areas of the Union’s activity. European fundamental rights, given the plurality of their legal sources and peculiar rules on application and interpretation, pose complex challenges to legal practitioners. Yet, the effective enjoyment of the freedom of movement by EU citizens and their families, as well as of the EU-granted rights by non-EU citizens, require that the rights guaranteed across the Member States are comparable. This is not easy to achieve in the current context of economic crisis, unrest created by the migration waves, the raising of intolerance, racism and xenophobia, and threats to the rule of law by populist movements. In fact, attacks on vulnerable groups and social exclusion affect inhabitants of the EU regardless of their origins. It is therefore compelling that legal practitioners possess the tools and capacities to provide EU citizens and non-citizens with all the protection they deserve. Accordingly, the Project aims at devising training tools and organising training activities tackling the main difficulties experienced by legal practitioners regarding: the application of the Charter, its interplay with the ECHR and national Constitutions, and the different forms of justiciability of its provisions. Special attention will be devoted to EU instruments based on mutual trust. It also aims to ensure that the Charter is used – within its scope of application – as a parameter of legality of EU and national legislation. e-NACT has five main points of strength: 1) it addresses all the fundamental rights priorities of the Call, with an emphasis on areas which are the object of comprehensive reforms or where there is a special need to protect vulnerable groups; 2) it draws on a peculiar training methodology developed and fine-tuned by the Applicant (CJC) in previous projects financed by DG JUSTICE, notably ACTIONES and JUDCOOP. The specificity of this methodology is that it does not conceive of judicial training as a one-shot experience for trained participants or a simple lecture based transfer of information. Rather, the CJC promotes a training methodology based on an ongoing process of mutual exchange and learning between academics and legal practitioners, and amongst legal practitioners from different jurisdictions, Member States, and legal traditions; 3) the richness of the Consortium, which includes qualified experts in the selected fields from both the academia and the legal professions; 4) the unprecedented efficiency as regards dissemination of its results (thanks to the mix of traditional and elearning tools) and the broad geographic coverage of the Consortium, which covers (at least 7 Member States). In addition, the trainees of the 16 training workshops will be selected amongst those involved themselves in training activities at the national level, thus multiplying the number of ultimate beneficiaries. Furthermore, the toolkit will be made freely available on-line (in its entirety) upon the Project’s completion; 5) the participation of the Advisory Board, which will guarantee additional mutual exchange, through the collaboration of judicial schools and of renowned academics with experience in areas on which the Project will touch (e.g. migration and criminal law and social rights).