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JUDr. Mgr. Tomáš Dumbrovský, LL.M. Ph.D.

Academic and research staff

Scientist (Assistant Professor rank) at the Centre for Comparative Law, Faculty of Law, Charles University and J.S.D. Candidate at the Yale Law School.

His research interest includes constitutional and democratic theory, European law, comparative constitutional law, European decision-making processes, and judicialization of governance. He has also been involved in European private law projects ranging from torts to antitrust matters.

In his dissertation, he examined the way interactions among constitutional courts in the European Union have shaped the content of the common European constitution and how such practices gain normativity as well as democratic legitimacy. Special attention was paid to the impact of the Eastern Enlargement of the EU and the role of new Member States’ courts in the common enterprise.

In his current research funded by Charles University PRIMUS grant, he looks into the constitutional origins of European integration and argues for a democratic constitutional interpretation that posits an existence of foundational constitutional principles that are expression of self-determination of Europeans and are superior to and independent of the mandate given to the EU by the Member States.

  

Education

J.S.D., Yale Law School, exp. May 2018 (Committee Chair: Professor Bruce Ackerman; Readers: Professors Jack

Balkin, Jed Rubenfeld, and Miguel Maduro)

JUDr., Faculty of Law, Charles University, 2014

Bar Exam, Czech Bar Association, 2012

Ph.D. in Constitutional, International, and European Union Law, Faculty of Law, Charles University, 2012 (Ph.D.

supervisor: Professor Luboš Tichý; Opponents: Professors Jiří Zemánek and Pavel Holländer)

LL.M, Yale Law School, 2011

M.A. in International Relations and European Studies, Faculty of Social Science, Charles University, 2007

M.A. in Law, Faculty of Law, Charles University, 2005

B.A. in Political Science, Faculty of Social Science, Charles University, 2002

 

Previous Academic Appointments and Fellowships

2015-2017        Streicker and Smith Richardson Fellow (Visiting Fellow), Robert Schuman Centre for Advanced Studies, European University Institute, Florence, Italy

2015-2017        Post-doctoral Researcher, University of Amsterdam, Faculty of Law, The Netherlands

2012-2013        Max Weber Post-Doctoral Fellow, European University Institute, Florence, Italy

2012 Spring       Visiting Researcher, Yale Law School, New Haven, U.S.A.

2009-2013        Lecturer, Charles University, Faculty of Law, Prague, Czech Republic

2009 Jan.-Aug.  Visiting Fellow, Max-Planck Institute, Heidelberg, Germany

2008 Dec.         Research stay at the University of Lucerne, Switzerland

2007-2008        Visiting Research Scholar, University of Michigan Law School, Ann Arbor, U.S.A.

2007 Summer    Research stay at the European University Institute, Florence, Italy

2002-2003        Visiting Student at the National and Kapodistrian University, Athens, Greece

 

OTHER EMPLOYMENT

2015-2017        Research Assistant to Professor Deirdre Curtin, European University Institute, Florence, Italy

2012-14            Research Assistant to Professor Bruce Ackerman, Yale Law School, New Haven, U.S.A.

2005-2012        Junior Associate to Luboš Tichý, Partner at Squire, Sanders & Dempsey, Prague, Czech Republic

2009-2010        National Editor of EU law related cases of Czech courts for Caselex database, Caselex Srl., Luxembourg

2005-2007        Legal Advisor, the Principality of Charles University, Prague, Czech Republic

2002 Summer    Intern in the Office of the Government of the Czech Republic, Prague, Czech Republic

 

TEACHING AND JOURNAL EXPERIENCE

2012-2013        Teaching training as part of the Max Weber Programme, European University Institute, Florence, Italy, including a one-week teaching exchange at the London School of Economics, London, UK

2011 Spring       Reading Group on European Union Law, Yale Law School (organizer; sponsored by Professor Alec Stone Sweet)

2011 Spring       Editor, Yale Journal of International Law

2009 Spring       Course on European Private Law, Charles University, Faculty of Law, Prague (in English; co-taught)

2008-2009        Course on European Union Law, University of New York in Prague (in English; co-taught)

2006-2010        Correspondent in European Union Legal Affairs for the journal “Jurisprudence” (Wolters Kluwer)

2005-2007        Seminar on European Union Law, Charles University, Faculty of Law, Prague (in Czech)

 

Research Grants

Head of the project:

2017-2019        Constitutional Transformation in Europe in Post-Sovereignty Conditions: A Democratic Theory of Judicial Interpretation, PRIMUS/HUM/20 grant of Charles University, head of research team

2007-2009        Project on Judge-Made Law: Comparative Study on the Impact of the European Court of Justice and the U.S. Supreme Court on Integration Processes, funded by the Grant Agency of Charles University, No. 157007

Member of a research team/participation in the project:

2015-2019        Project on The Choice for Europe since Maastricht: Member States’ Preferences for Economic, Monetary and Fiscal Integration, funded by the European Union’s Horizon 2020 research and innovation programme, No. 649532-EMU_SCEUS (Project manager for the legal part: Prof. Stefan Griller)

2013-2014        Project on Constitutional Change through Euro Crisis Law, European University Institute. National reports on the Czech Republic and Slovakia (Project manager: Prof. Giorgio Monti et al.)

2010-2011        Project on Enhancing Effectiveness of Law Functioning in the Czech Republic, Charles University, Faculty of Law, funded by Hugo Grotius Foundation (Project manager: Prof. Luboš Tichý)

2009-2012        Project on Enforcement of European Law in the Twelve New EU Member States: Preliminary References and Infringement Proceedings 2004-2010, Charles University, Faculty of Law, funded by the Academy of Science of the Czech Republic, No. IAA701020902 (Project manager: Prof. Luboš Tichý)

2009-2011        Project on Eastern Enlargement and Patterns of Decision-making in the European Union, Charles University, Faculty of Social Science, funded by the Grant Agency of the Czech Republic, No. 407/09/1747 (Project manager: Doc. Běla Plechanovová)

2008-2009        Project on Post Enlargement Constitutionalization in Central and Eastern Europe, University of Lucerne, funded by the Gebert Rüf Foundation (Project manager: Dr. Kyriaki Topidi)

2006-2007        Project on Legitimacy of supranational entities and the academic debate in the old and the new EU Member States, Saarland University, funded by the Volkswagen Foundation (Project manager: Prof. Jean-Christophe Merle)

 

LEGAL PRACTISE: SELECTED WORKS

2014    Memorandum for the Government of the Czech Republic on the scope of application of the Fiscal Treaty in a non-Eurozone MS and its ratification requirements under the Czech Constitution (with Luboš Tichý)

2010    Petition to the European Court of Human Rights on the breach of right to a court as part of the right to fair trial under Art. 6/1 ECHR resulting from a lower court’s misinformation given to a party regarding procedural requirements for an extraordinary appeal

2009    Constitutional complaint to the Czech Constitutional Court claiming that freedom to contract requires the court to search for the real intent of contracting parties even if the text of the contract suggests otherwise

2009    Testimony for the proceeding in front of the Regional Court in Loeben, Austria on the constitutionality of selected Beneš Decrees and the so-called Lex Schwarzenberg (with Luboš Tichý)

2009    Memorandum for the Industrial Property Office of the Czech Republic on the compatibility of the EU proposal for the European Patent Court with the Treaties and the consequences for the Czech legal order (with Luboš Tichý)

2007    Memorandum for the Ministry of Culture of the Czech Republic on the powers of a national broadcasting regulator over retransmission from other Member States and its providers and the compatibility of the Czech Broadcasting Law with the EU and Council of Europe legal framework

2006    Memorandum for the Czech National Bank on securities in Czech law and practice with regard to Basel II and legal development in Europe (with Luboš Tichý)

2006    Testimony on behalf of the Council for Radio and Television Broadcasting of the Czech republic (On the powers of the broadcasting regulator vis-à-vis a service provider who retransmit television broadcasting via UMTS networks to mobile phones).

 

CONFERENCE ORGANIZING

2016 November International Conference on European Delict: Liability of a Member State According to Article 7 TEU and Sanctions, Prague, Czech Republic

2014 November          4th Annual Doctoral Scholarship Conference: Law and Responsibility, Yale Law School, New Haven, U.S.A.

2012 October    Conference on Effet Utile, Charles University, Prague, Czech Republic

2009 May          Conference on Sovereignty and Competences of the EU, Charles University, Prague, Czech Republic

 

Awards AND Fellowships

2015-2016      Smith Richardson Foundation Fellowship, Yale University, U.S.A.

2015-2016      Sylff Research Abroad Award, Tokyo Foundation, Japan

2015-2016      Streicker Fund Award, Yale Law School, U.S.A.

2015                Postgraduate Sørensen Grant, Historical Archives of the European Union, Florence, Italy

2012-2013      Max Weber Post-Doctoral Fellowship, European University Institute, Florence, Italy

2009                Max-Planck Fellowship, Heidelberg, Germany

2007-2008      Ryoichi Sasakawa Young Leaders Fellowship (Sylff), Tokyo Foundation, Japan

2006-2007      Volkswagen Foundation Fellowship, Saarland University, Germany

2005                Bolzano Award – the award of the Rector of Charles University for the best master thesis in law, Czech Republic

2004                Merit scholarship, Charles University Faculty of Social Science, Czech Republic

 

MEMBERSHIP

Czech Bar Association

International Society of Public Law

 

Languages

Fluent in English and Czech; good knowledge of French; elementary knowledge of German, Italian, and Greek

 

RESEARCH WEBPAGES

http://ssrn.com/author=1729977

https://yale.academia.edu/TomasDumbrovsky

https://www.researchgate.net/profile/Tomas_Dumbrovsky

 

Selected Presentations

2017 September          Workshop no. 3 of EMU Choices, Lisbon, Portugal

2016 November          From Voting Rights Suspension to Smart Sanctions: Learning from International Practice, Conference on European Delict: Liability of a Member State According to Article 7 TEU and Sanctions, Charles University, Prague, Czech Republic

2016 September          Constitutional foundations and implications of economic, monetary and fiscal integration in the Czech Republic, Workshop no. 2 of EMU Choices, Aix-en-Provence, France

2016 May          The European Republic: Dynamics of Constitutional Transformation, Workshop, European University Institute, Florence, Italy

2016 April         Workshop on National Constitutional Identities in the EU between Courts and Political Actors, discussant, LUISS, Rome, Italy

2015 November Liberal Requirements of a Member State Court’s European Doctrine: Czech Constitutional Court’s Jurisprudence in Comparative Perspective, Charles University, Prague, Czech Republic

2015 July          Constitutional Option for Europe, ICON-S Conference, New York, U.S.A.

2015 April         The European Republic, J.S.D. Colloquium, Yale Law School, U.S.A.

2014 December Democratic Constitutionalism and the European Integration, Charles University, Prague, Czech Republic

2013 September          Conflictual Constitutionalism, Conference on Law, Politics, and Contemporary Society, Charles University, Prague, Czech Republic

2013 June         Constitution Making During the Economic Crisis: The Case of the Czech Republic and Slovakia, Max Weber Programme Conference, Florence, Italy

2012 June         European Court of Justice after the Eastern Enlargement: The Formation of Inner Core, Charles University, Prague, Czech Republic

2012 October    Effet utile in the Delimitation of Competences Between the Member States and the EU, Conference on Effet Utile, Charles University, Prague, Czech Republic

2011 March       Rethinking the Infringement Proceedings: A Tort-like System, Conference on Liability of Member States for Infringement of European Union Law, Charles University, Prague, Czech Republic

2011 March       The European Court of Justice after the Eastern Enlargement, EUSA Twelfth Biennial Conference, Boston, U.S.A.

2010 September          Conciliation in the Sixth European Parliament: Formal Transparency vs. Shadowy Legislating, UACES Conference on Exchanging Ideas on Europe: Europe at a Crossroads, College of Europe, Bruges, Belgium

2010 June         Decision-Making and Structural Changes in the European Court of Justice after the Eastern Enlargement, ECPR Fifth Pan-European Conference on EU Politics, University of Oporto and University Fernando Pessoa, Porto, Portugal

2009 October    Constitutional Pluralism and Judicial Cooperation in EU after the Eastern Enlargements, Workshop on EU Decision-Making after Eastern Enlargement, Charles University, Prague, Czech Republic

2009 September          Constitutional pluralism in the European Union after Eastern enlargement, 5th ECPR General Conference, University of Potsdam, Germany

2009 July          Constitutional Dialogue and Constitutional Negotiation: The case of Czech and Slovak Republics, Roundtable on Constitutionalization in CEE, University of Lucerne, Switzerland

2009 July          Czech Constitutional Court’s Lisbon Treaty Judgment, Max-Planck Institute, Heidelberg, Germany.

2009 May          Community Internal Sovereignty Conundrum: Czech Constitutional Court’s Doctrine Compared to the U.S. Compact Theory, Conference on Sovereignty and Competences of the EU, Charles University, Prague, Czech Republic

2008 November          Czech Constitutional Court’s doctrine on the Limits of European Law Primacy, University of Lucerne, Switzerland

2008 March       EU Legitimacy and New ‘European’ Constitutional Courts, S.J.D. Colloquium, University of Michigan, Ann Arbor, U.S.A.

2007 June         In the name of the Republic: EU Legitimacy and New ‘European’ Constitutional Courts, Conference on Legitimacy Problem of the European Union: Normative Theories and Public Debates in New and Old Member States, Prague, Czech Republic

2007 June         A Legitimizing Constitution, Seventh World Congress of Constitutional Law, Rethinking the Boundaries of Constitutional Law, Athens, Greece

2006 June         Democratic Deficit of the Legislative Process: Is Co-decision the Solution?, Conference on Deepening of the Integration Process and the Eastern Enlargement: Institutional Aspects, Charles University, Prague, Czech Republic

 

Publications (25)

Dumbrovský, T., Beyond Voting Rights Suspension: Tailored Sanctions as Democracy Catalyst under Article 7 TEU. In: EUI Working Papers, RSCAS 2018/12, 21 stran, http://cadmus.eui.eu//handle/1814/52925

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