Prof. Dr. Dr. Dr. h.c. mult. Manfred A. Dauses
Jean Monnet Professor for European law
Science director at the European Court of Justice in Luxembourg
Of Counsel (till 2016)
Professor Dauses established his reputation not only as an excellent scholar with a wide range of interests in law and as a universalist of social and EU law, but also as the practitioner of these disciplines.
His practical experience includes, among other things, legal opinions and counselling in processes and thus the defence of the European legal interests of public institutes, associations and businesses.
The summary below provides a brief profile of the most important practical areas he works in.
Legal opinions, counselling in processes, lectures:
•Legal opinion on the construction of EEC Council Directive on environmental impact assessment (RL 85/337/EEC [UVP-RL], ABl. 1985, L 175/40), commissioned by the independent state of Bavaria within the proceedings on a preliminary matter with the European Court of Justice regarding the construction of a highway section.
•Legal opinion on EEC Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats of wild fauna and flora (so-called FFH directive), prepared together with lawyer Prof. Dr. Alexander Brigol following the assignment of the independent state of Bavaria within the proceedings on a preliminary matter with the European Court of justice regarding the setting-out of the direction of the new highway A 94
•Opinion on the consolidation of “guidelines for auditors and chartered accountants” of 12 March 1987, commissioned by an international company involved in economic control and legal consultancy, 1995
•Legal opinion on the consolidation of a possible ban on bringing fuels onto the market with free movement of goods across the EU, commissioned by a fuel manufacturer, 1997
•Legal opinion in the matter of the total ban on advertising tobacco products, commissioned by an industry association [Verband der Cigarettenindustrie, VdC], 1997
•Legal opinion on the admissibility of charging ads that interrupt TV programmes based on the so-called “brutto principle“, commissioned by private television stations [“Pro Sieben” and “SAT.1”], 1997
•Legal opinion (expert study) on the consolidation of Czech act No. 199/1994 on public procurement of 28 Sept 1994, as amended by act No. 148/1996 of 25 April 1996, with European Union law, commissioned by the Office for the Protection of Competition of the Czech Republic within the EU-PHARE project called “Approximation of Czech Legislation”, Prague 1997
•Study on systematic education of Czech judges in the area of EC/EU law, commissioned by the Ministry of Justice within the EU-PHARE project called “Approximation of Czech Legislation”, Prague 1997
•Legal opinion on the admissibility of individual complaints in accordance with art. 173 clause 4 of the EC agreement (for the preparation of eventual individual complaints against directive 98/43/EC, “Tobacco Advertising”), including an additional note on the resolution of disputes with the same legal topic in practise both at the European Court of Justice and the EU Tribunal, commissioned by an industry association [VdC], 1998
•Legal opinion on the admissibility of individual complaints in accordance with § 4, clause 13 of the EC agreement (for the preparation of individual processes for directive 98/43/EC on tobacco advertising) – shortened version, 1998
•Legal opinion (expert study) on the application of the “university diploma directive” 89/48/EEC in the field of teaching, in the Federal Republic of Germany, commissioned by the Czech Ministry of Education, Youth and Sports within the EU-PHARE project called “Approximation of Czech Legislation”, Prague 1998
•Legal opinion on the admissibility of the temporary order within the complaint against the validity of directive 98/43/EC, commissioned by an industry association [VdC], 1999
•Brief opinion on the matter of possible processes at the Federal Constitutional Court (BVerfG) in the case of a rejection of the complaint with the European Court of Justice, commissioned by an industry association [VdC], 2000
•Approximation of legislation in the field of medicine, expert study for the Ministry of Health of the Slovakia, EU PHARE project “Legal Advice on Approximation of Legislation focused on the short-term and medium-term priorities of the Accession Partnership”, Slovakia, Bratislava 2001
•Selected aspects on the recognition of diplomas, expert study for the Ministry of Health of the Slovakia, EU PHARE project “Legal Advice on Approximation of Legislation focused on the short-term and medium-term priorities of the Accession Partnership”, Slovakia, Bratislava 2001
•Meaning and reach of term “Equal protection for employment and life security of affected manufacturers” within the context of art. 37 clause 3 and EGV” (opinion for agricultural association), 2001
•Legal opinion on the compatibility of the draft law on postal services in Serbia with European law, expert study relating to the assignment of “Evaluation of consistence of the draft law on postal services with relevant EU law” for the Ministry of Transport and Telecommunications of Serbia, 2003
What also must be mentioned is prof. Dauses’ long experience with legal consultancy in the field of European food law, and particularly his work as a member of the advisory team for food law and food science (BLL).
Work at the European Court of Justice:
Prof. Dauses’ fourteen years of experience as a scholar and director with the European Court of Justice, which involves two years as an officer to the Court President, should be appreciated accordingly. During his work for the European Court of Justice, Prof. Dauses was deeply involved in the shaping and defining of many decisions made by this top legal body.
•The definition of the “common market” term quoted many times in the “Gaston Schul I” judgement came from Prof. Dauses. After the Common European Act came into effect, the term was replaced by the definition of the internal market that surpassed the common market and saw more intense integration. Its judicial power that left permanent footprints in the memories of law has not faded away, however, which is why we give here the full wording:
“Der Begriff Gemeinsamer Markt … stellt ab auf die Beseitigung aller Hindernisse im innergemeinschaftlichen Handel mit dem Ziel der Verschmelzung der nationalen Märkte zu einem einheitlichen Markt, dessen Bedingungen denjenigen eines wirlichen Binnenmarktes möglichst nahe kommen.”[EuGHE 1982, 1409, 1431, “Gaston Schul I”.]
•Another example for the legal, creative power of the European Court of Justice’s jurisdiction is the gradual emergence of unwritten, general, legal principles of Community and Union law. The principle of adequacy ranks highest among them. The central judgement related to this was made in 1989 in the Schräder matter. Prof. Dauses framed the frequently quoted judicial act that includes the extensive definition of the proportionality principle. This is clearly focused on the understanding of the foundations of German law:
“Maßnahmen, durch die den Wirtschaftsteilnehmern finanzielle Belastungen auferlegt werden, [sind] nur rechtmäßig, wenn sie zur Erreichung der zulässigerweise mit der fraglichen Regelung verfolgten Ziele geeignet und erforderlich sind. Dabei ist, wenn mehrere geeignete Maßnahmen zur Auswahl stehen, die am wenigsten belastende zu wählen; ferner müssen die auferlegten Belastungen in angemessenem Verhältnis zu den angestrebten Zielen stehen. ” [EuGHE 1989, 2237, 2269, “Schräder”]
From 1963 to 1970 Manfred A. Dauses studied legal and political sciences at Erlangen – Nuremberg, Würzburg and Lausanne universities. In 1970 he graduated as Dr.jur.utr. at Würzburg University. During his research scholarship between 1970 and 1971 he worked at Georgetown University in Washington, D.C. In 1972 he obtained the Diplôme d'études spécialisées de droit comparé diploma at Robert Schuman University in Strasbourg. From 1972 to 1973 he did follow-up studies at École nationale d'administration (“Ancien élève de l’ENA”) in Paris. The Cultural Doctorate in InternationalRelations at the World University Benson in Arizona followed in 1987. In 2002 Manfred A. Dauses wasgranted a Dr. sc. at Rijeka University.
From 1975 to 1976 he was a public prosecutor in Essen and in 1977 he became the judge of the Regional Court. In 1978 he became deputy to the head of the Department of European Law with the Federal Ministry of Justice in Bonn (Bundesministerium der Justiz). Between 1979 and 1992 Prof. Dauses worked as the legal officer and director of the European Court of Justice in Luxembourg. In 1993 he won the post of a proper university professor at Bamberg University where he was – until his retirement on 1 April 2009 – head of the Department for Public and European Law. Since 2005 Prof. Dauses has been working as a permanent host professor at Charles University in Prague and Adam Mickiewicz University in Poznan.
At the centre of Dauses research interests and work are the structural foundations of European law, freedoms of the common/internal market, constitutional and public administration law on the European level as well as European legal protection. Since 1981 he has been the senior lecturer, host professor and proper university professor at various universities in Germany, Switzerland, USA, Japan, and China, as well as in Central European and East European countries. In the EU PHARE and TACIS projects Prof. Dauses was the director, coordinator, expert and advisor in many Central and Eastern European countries including the Czech Republic, Slovakia, Hungary, Poland, Estonia, Moldova, Croatia, Serbia, Ukraine and Russia. He is still working as a lawyer and advisor in processes of the European Court of Justice and European Court of First Instance.
•1992: director h.c. European Court of Justice
•1999: Manfred A. Dauses was awarded the Jean Monnet title by the European Universities Councilat the Department for European Law for his department in Bamberg
•1999: honorary of the Faculty of Law of Charles University in Prague
•2003: honorary doctorate (Dr. h.c.) at the university in Poznan
•22 books (in five languages)
•approx. 220 papers and documents (in 22 languages)
•publisher: Handbuch des EU-Wirtschaftsrechts, 24. Auflage 2009. 4212 pages in 2 folders, ISBN 978-3-406-44100-4, status: March 2009
•co-publisher: Europäische Zeitschrift für Wirtschaftsrecht (EuZW)