MOOT COURT ON THE EUROPEAN SOCIAL CHARTER

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Rouen, 23 may 2025

University of Rouen, Normandy

 

       

GENERAL PRESENTATION

The fourth edition of the Moot Court Competition on the European Social Charter is organised by the Academic Network on the European Social Charter and Social Rights (ANESC) with the support of the Council of Europe and is open to law students registered in any university in a Council of Europe Member State. The oral phase of the competition will take place at the University of Rouen Normandy (France) on 23 May 2025, at the initiative of the French section of ANESC.
 
This bilingual (French-English) competition is based on a fictitious case and includes a written and an oral phase. By drawing lots, half of the competing teams are given the status of ‘claimants’ and the other half that of ‘defendant government’.
 
The written phase consists of the drafting of a collective complaint (for the ‘claimant’ teams’) or a memorandum (for the ‘defendant government’ teams). The oral phase consists of a mock ‘hearing’ before the European Committee of Social Rights (which the juries act as), within the meaning of Article 7, paragraph 4, of the Protocol of 9 November 1995.

REGISTRATION FOR THE 2025 COMPETITION

Applications should be submitted using the form available here

https://docs.google.com/forms/d/e/1FAIpQLSe5sJlEAkouJJYXERy5_8AuWeb3NsTHCYqRaWNBBlY4lbqFRA/viewform?usp=sf_link

COMPETITION CALENDAR 2025 NEW

  • 28 February 2025ANESC’s Secretariat communicates the Moot case to the teams that are properly enrolled in the competition, together with their ‘legal standing’;
  • 10 March 2025, h.23,59 (CET) deadline for submission of max. 2 questions/team to the Scientific Committee, by sending them to info@racse-anesc.org (Art. 5.4. of the Rules)
  • 17 March 2025, h.23,59 (CET) ANESC’s Secretariat communicates the Scientific Committee’s answers to the teams
  • 9 May 2025 (Friday) h. 23,59 (CET)deadline for submission of complaints/memorandums, in anonymous form, to info@racse-anesc.org (Art. 5.3. of the Rules)
  • 15 May 2025 (Thursday)ANESC’s Secretariat communicates the papers to the opposite teams (Art. 5.6. of the Rules)
  • 23 May 2025 (Friday) the oral phase

RULES

Download the rules here.

SCIENTIFIC COMMITTEE

Diana BĂLĂNESCU (CoE’s Department of Social Rights)
Christina HIESSL (Professor ou law, UK Leuven, Belgium)
Karin LUKAS (former member of the European Committee of Social Rights)
Kamile MICHAILOVSKYTE (CoE’s Department of Social Rights)
Cristina SÂMBOAN (General coordinator of the ANESC)
George THEODOSIS (member of the European Committee of Social Rights)

TEAMS

(In the order of their enrollment)

University of Rouen-Normandy (France)
University UCL. Saint-Louis Brussels (Belgium)
Eötvös Loránd University (Budapest, Hungary)
Vrije Universiteit Brussel (Belgium)
Aristotle University of Thessaloniki Greece)
Sorbonne Paris Nord University (France)
Jean Moulin Lyon 3 University (France)
EaS Institute of International Relations, Taras Shevchenko National University of Kyiv (Ukraine)

QUESTIONS FROM THE TEAMS AND ANSWERS FROM THE SCIENTIFIC COMMITTEE

 

University of Rouen Normandy/ Université de Rouen Normandie

  1. Since 2022, how many new housing units have been built and are currently being built as a result of the new policy introduced by the Vichtery authorities?

The new policy of involving private investors in housing construction has unlocked the sector, so that for the first time since 2020 the annual target for new housing construction has been almost reached. However, a large share of these new built dwellings remains unoccupied, as their sale or rental prices are very high and not affordable for most of the people looking for housing.  

  1. What proportion of the population meets the new criteria for access to social housing?

There are no statistics indicating the number of people qualifying for the new criteria, especially since the new law has recently entered into force. 

Saint-Louis UCL

  1. To be eligible for social security in Vichtery, is it mandatory to have a fixed address, and can a refuge be used as a domicile for registration purposes?

The Vichterian law does not require social security beneficiaries to have a fixed address in order to qualify for social assistance. The social assistance is paid into the bank account indicated by the beneficiary or – for people who do not have a bank account – the payment is made by postal money order and the money is collected from the post office corresponding to the address of residence indicated by the beneficiary in the application for social assistance. The initial address can be changed at any time by notifying the social assistance offices.

  1. What is the definition of ‘adequate housing’ in Vichterian domestic law, as outlined in Article 31, Paragraph 1 of the Charter?

The Vichterian housing law does not provide a definition for `adequate housing` but establishes a set of minimum standards that any dwelling must meet. Broadly speaking, these are:

  1. Minimum general requirements

– legal security of tenure (legal protection from evictions, arbitrary destruction or demolition, harassment or other threats);

– health safety (protection from cold, damp, heat, rain, wind or other threats to health (i.e., the presence of lead or asbestos, structural hazards, or disease vectors);

– access to electricity, heating and safe drinking water, adequate sanitation, washing facilities, controlled sewage and domestic waste disposal;

– individual free access to the living space, without disturbing the exclusive use of the space owned by another person or family;

– space for rest;

– space for food preparation;

– toilet;

– spaces of common use in multi-dwelling buildings shall include: fire prevention and extinguishing installations, elevator in buildings with more than 4 floors; spaces for bicycles, trolleys and for drying laundry; spaces for the collection, storage and disposal of household waste; access ramp for wheelchair users.

  1. Minimum surface areas:

 

Persons/ family

Personnes/familles

Rooms

Pièces

Living room

Salon

Bedrooms

Chambres à coucher

Dining area

Salle à manger

(can be included in the kitchen/living room)

(peut être dans cuisine/ salon)

Kitchen

Cuisine

Bathroom

Salle de bain

Storage spaces

Espace de rangement

  Suprafaţa construită
no. no. m2 m2 m2 m2 m2 m2   m2
                   
1 1 20,00 (includes sleeping area) 2,50 5,00 4,50 2,00   58,00
2 2 20,00 12,00 3,00 5,50 4,50 2,00   81,00
3 3 20,00 22,00 3,00 5,50 6,50 2,50   102,00
4 3 21,00 24,00 3,50 6,00 6,50 3,50   115,00
5 4 22,00 34,00 3,50 6,00 7,50 4,00   135,00
6 4 23,00 36,00 4,50 7,00 7,50 4,50   144,00
7 5 24,00 46,00 5,00 7,50 9,00 5,00   166,00
8 5 24,00 48,00 6,00 8,50 9,00 5,50   171,00

 

 

*  – The minimum width of corridors and vestibule inside the dwelling shall be 120 cm.

– The minimum clear height of the habitable rooms shall be 2.55 m, with the exception of attics where a minimum volume of 15 m3 per person shall be provided.

 

Vrije Universiteit Brussel

  1. What are the main features of UNIW, i.e. its main objectives, its activities according
    to its Statutes?

The case does not make any reference to `UNIW`, but all three international non-governmental organisations which have mobilized to file a collective complaint against Vichtery – European Tenants’ Associations (ETA), International Organisation on Homeless Rights (IOHR) and European Association on Protection against Eviction (EAPE)have legal standing to bring proceedings before the ECSR in this case, based on the 1995 Additional Protocol provisions.  

  1. What childcare facilities are there in Vichtery and what are their shortages?

The childcare facility sector is quite well developed in Vichtery, but until Green Future Childcare Center none of them paid particular attention to promote environmental awareness among children, by providing them an illustrative space to this effect as well. That is why Green Future Childcare Center is seen by many as a very innovative project.

RESULTS

We are pleased to announce the final results of the fourth edition of the Moot Court Competition on the European Social Charter organised by the Academic Network on the European Social Charter and Social Rights (ANESC) with the support of the Council of Europe. The jury unanimously underlined the high level of the pleadings that took place on 23 may 2025 at the University of Rouen Normandy (France)

At the end of the oral pleadings, it was the University UCL. Saint-Louis Brussels (Belgium), that won the competition. Its team members were: DE BRIEY Mazarine, DRIDI Sara, NEGASH Eleni.

The prize for the Best litigator was awarded to HADFI Zita, Eötvös Loránd University (Hungary) and the Best written submission prize was awarded to – Vrije Universiteit Brussel.

The Jury extends its commendation to all participating teams for their unwavering dedication, passion, and scholarly engagement with the complex field of international law, especially concerning the protection of social rights.

The Jury also warmly welcomes the knowledge of the participants about the provisions of the European Social Charter and its procedures.

Let’s promote together social rights in Europe and beyond!