Přednáška Publikováno: 4. 11. 2016


Centre for Law and Public Affairs (CeLAPA)

vás srdečně zve na přednášku

Neo-Mediaeval Permutations of Personhood in the European Union,kterou přednese Dimitry Kochenov, University of Groningen - Faculty of Law

Datum konání: 29. listopadu 2016 od 10:00 hod.

Místo konání: Právnická fakulta University Karlovy, místnost č. 38


The legal understanding of personhood is dynamic and evolves through the ages. This paper shows how a contemporary shift, under the influence of, inter alia, the law of the European Union, provides an unexpected excursion into the past, reminiscent as it is of some pre-modern approaches, thus showing deep-rooted conflicts between how the Union operates and the classical ideology of demos, democracy and citizenship. The fact that this is undoubtedly inadvertent does not alter the outcomes of this process. The new individualism, which the EU tacitly promotes with all its accidental cosmopolitanism is presented here as neo-mediaevalism. The core distinction at the heart of such legal paradigm of personhood is between the free and unfree; the core moral value is the precise apportionment of liberty among the persons in accordance with their legally recognisable chance and circumstance. This paradigm of personh ood, which is essentially private, not public in nature, almost became extinct in contemporary world with the advent of democracy, equality, and the status of citizenship based on the citizen/foreigner distinction. This is what the EU now happens to be reviving. As a result, equality is not treated as a value — not even as a starting presumption; — community does not build on the idea of sovereignty and submission; and liberty is detached from the political realm and does not imply collective self-determination.

Prof. Kochenov's research focuses on Comparative and EU Citizenship Law; Principles and Enforcement of EU Law with an emphasis on the Rule of Law; EU External Relations Law, and the Law of the EU's Overseas. The current work focuses on two monorraphs: 'EU Citizenship: Ius Tractum of Many Faces' (on contract, Hart Publshing) and 'Citizenship' (on contract, MIT Press), both in preparation. Dimitry's most recent edited symposium issue is 'The Great Rule of Law Debate in the EU' (with L.Pech and A. Magen, JCMS 2016). Prof. Kochenov consults governments and international institutions and organizations. He advised the Maltese Republic on citizenship; the government of the Kingdom of the Netherlands on the application of EU law in the Caribbean parts of the Kingdom; the European Parliament on the Rule of Law mechanisms; submitted writted evidence to the House of Lords (UK) and FCO's competences review; participated in informal expert discussions on the future of EU citizenship at the European Commission and Ecosoc's working group on the Future of Europe. He reviews manuscripts for Cambridge, Oxford, Hart, Routledge, Rowman & Littlefield and countless journals; assesses grant applications nationally and internationally. Dimitry participates as an expert in national and international litigation, including international commercial arbitration.

Prof. Kochenov held numerous fellowships and visiting professorships worldwide, including, most importantly, Crane Fellowship in Law and Public Affairs at the Woodrow Wilson School, Princeton University (2015-2016), which he combined with a Visiting Professorship at the Princeton University Center for Human Values, teaching a seminar on citizenship; Emile Noël Fellowship at the Jean Monnet Center, NYU School of Law (2010) Senior Clough Fellowship at Boston College Law School (2013), Visiting Chair in Private Law (Citizenship) at Università degli drudi di Torino; Osaka Graduate School of Law, York University (Toronto), UNAM Mexico, University of Ljubljana (Slovenija) etc.

Together with Henley & Partners, the leading global citizenship planning law firm and the International Air Transport Association (IATA) Prof. Kochenov releases the Quality of Nationality Index: a simple and reliable methodology of measuring the quality of all the world's nationalities meticulously applied. The index received coverage from the Economist Intelligence Unit and the New Yorker Magazine. Prof. Kochenov is a regular contributor to BBC World and Verfassungsblog. He chairs the Investment Migration Council (IMC): the global association of residence and citizenship by investment professionals.