Loyalty in EU law

The Paul-André Crépeau Centre for Private and Comparative Law welcomes Eljalill Tauschinsky, a PhD researcher at the Amsterdam Centre for European Law and Governance, Faculty of Law, University of Amsterdam, for a talk on the duty of loyalty in European Union law.

Abstract

Loyalty is a fundamental principle of EU law. It is also the ‘distinguishing characteristic of a fiduciary’. In EU law, loyalty has formed since the beginning the shape and reach of the EU legal order. Interestingly, even though the corresponding obligations have become more inclusive over time (notable extending to bear upon the EU institutions), this principle has never left the institutional and international arena.

With the increased relevance of EU law directly for individuals, this has created a lacuna in legal protection of individuals against an authority which is not legally bound to their interests. The Inuit (Seal Products) case law present an important example for showing the problems that the current situation creates.

Eljalill Tauschinsky will introduce the EU law duty of loyalty, and explain its place in this unconventional legal system. She will compare the EU law duty of loyalty to a fiduciary duty of loyalty to highlight its peculiar role as well as the need for reform.

RSVP by January 12, 2016 to centre.crepeau [at] mcgill.ca