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introduction to the EU Clinic

2015 Clinic in numbers

15 students

2 instructors

5 NGO clients

8 professionals and academics working pro bono

A partnership between NYU Law and HEC Paris

Clinical Legal Education meets EU policy-making

Clinic provides free legal advice to NGOs working to improve the EU

HEC-NYU EU Public Interest Clinic - Annual Report 2015

(bite-sized)

2. Tobacco regulation

Client: Action on Smoking and Health (“ASH UK”)

Project outcomes:

1. Drafted a “shadow” amicus curiae brief.

The brief defended certain provisions of the 2014 EU Tobacco Products Directive from challenges raised by Phillip Morris International (and others) resulting in a 2015 preliminary reference to the CJEU.

2. Circulated the brief via the networks of ASH (UK) and the EU Clinic in order to influence key decision-makers at the CJEU.

1. Judicial Transparency

3. Air passenger rights

Client: European Consumer Organisation (BEUC)

External Advisor: Professor Anne-Lise Sibony, Université de Liège

Project outcomes:

1. Conducted research into use of “no show” clauses in air transport contracts across the EU.

2. Investigated arguments in favour of the EU Commission proposal to ban no-show clauses from several angles, including consumer law and competition law.

3. Prepared a legal memo supporting the EU Commission proposal

Client: Access Info Europe

Partners: EUI Law in Action Project

Project outcomes:

1. Lodged a complaint with the European Ombudsman in relation to the lack of transparency surrounding the selection of justices of the European Court of Justice.

2. In collaboration with the EUI Law in Action Project, prepared and submited access to documents requests in various EU Member States.

4. Alcohol regulation

External Advisor: Professor Amandine Garde (University of Liverpool).

Partners: Oliver J. Bartlett and Nikhil Gokani, (Universities of Durham and Liverpool ).

Project outcomes:

1. Conducted research into the competence of the EU to regulate alcohol advertising.

2. Prepared an impact assessment considering the major policy options available to attain the goal of enhanced alcohol advertising regulation so as to reduce exposure and mitigate harmful consumption.

3. Drafted a directive on the regulation of alcohol advertising in the EU.

5. Freedom of Panorama

Client: Wikimedia

External Advisor: Dr. Giuseppe Mazziotti, Assistant Professor of Law, Trinity College Dublin

Project outcomes:

1. Conducted research into the current state of Freedom of Panorama (“FoP”) under copyright law in the EU.

2. Investigated arguments in favour of FoP from both free movement and freedom of expression angles.

3. Produced a legal memo making arguments in favour of EU-wide promotion of FoP.

4. Presented findings as set out in the memo to EU policymakers in Brussels.

Clinic projects

5 project in 2015

Clinic mission

Educational mission = expose students to the reality of being a practicing public interest lawyer in the unique context of EU policy-making

Social justice mission = a) promote participatory democracy in the EU b) represent the public interest within the EU by supporting NGOs c) promote culture of collaborative pro bono

core learning outcomes

a) Promoting familiarity and comfort with EU law research

b) Promoting fluency in multi-jurisdictional and multilingual legal research

c) Promoting client communication and relationship management skills

d) Promoting advocacy and communications skills

e) Promoting intercultural collaboration and understanding

f) Promoting common sense and creative approach to legal research and writing

g) Preparing students to be wise counsellors and effective leaders

Clinic teaching

Conclusion

What our pro bono network members say

What our Clients say

What our Students say

“Working with the Clinic is essentially getting top-notch legal policy help from a group of very motivated young professionals and their tutors. It was an exciting process to be part of and the results produced are topical, relevant and effectively help me to do my job.”

Dimitar Dimitrov, Policy Analyst, Wikimedia

“The best part of the Clinic is being able to apply EU law to an actual legal concern.”

“The Clinic was my first opportunity to work on a real case, and in a group. I think it is great preparation for what will be expected from us in a law firm.”

“I think being a public interest lawyer is a unique chance to pursue goals which are important to oneself and to have the feeling of actually doing something for the community.”

" … I could not think of a more committed, diverse and skilled group of young professionals to develop a policy proposal. The whole program is based on the idea of letting students understand and reflect on how difficult the pursuit of public interest goals in the real world is. Students have to deal with complex tasks … and to produce results that can be widely relied on in the policy- and law-making process."

Dr. Giuseppe Mazziotti, Assistant Professor of Law, Trinity College Dublin

a) Participatory learning

b) Self-directed learning

c) Promoting a culture of excellence

See the full report and final work output at:

http://elabeurope.eu/hec-nyu-clinic/

Teaching practice

• Getting students actively involved in real advocacy campaigns

• Role-plays, simulations, class presentations and quizzes

• Students select cases

• Students define scope of projects

• Students manage client relations and client expectations

• Students supported by network of external pro bono consultants

• Communal grades based on work-output and work-input (working habits and practices)

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