DIMITRI KOCHENOV
Dimitry Kochenov is a lecturer (Universitair docent) in European Law at the Department of European and Economic Law, Faculty of Law, Groningen University.
d.kochenov [at] rug.nl
Research interests
His main research focus lies with the EU external relations law, with a particular emphasis on the regulation of accessions; EU citizenship; human rights law; EU non-discrimination law; the law of minority protection; as well as broader issues of democracy and the Rule of Law.
Education
Dr. Kochenov holds LL.M. in Comparative Constitutional Law from the Central European University (CEU) in Budapest and LL.D. from Groningen, which he was awarded for a thesis on ‘The Failure of Conditionality. Pre-Accession Conditionality in the Fields of Democracy and the Rule of Law’ written under the supervision of Prof. Dr. Laurence W. Gormley and Prof. Dr. Fabian Amtenbrink (Erasmus University, Rotterdam). Before coming to Hungary and the Netherlands he read law and modern languages in the Russian Federation, graduating with degrees in law and in arts. During his studies Dr. Kochenov participated in different programmes including studies at the University of Amsterdam (UvA) Faculty of Law; studies at Université Pierre-Mendès France, Grenoble and at the Democracy and Diversity Institute of the New School University , Graduate School for Political Science.
Conference participation and guest lectureships
Dimitry Kochenov regularly presents bits and pieces of research in progress speaking at different conferences and seminars and also teaches abroad.
During the recent years he lectured at the Academy of European Law ( ERA ) in Trier, at the European Academy ( EURAC ) in Bolzano ,at the Equality and Non-discrimination Summer School in Sibiu and at the ESSA Spring School at Sofia University.
In the spring semester of 2007 he was a guest lecturer at Osaka Graduate School of Law , on the invitation of the EU Institute in Japan , Kansai, teaching Japanese and international students. He also taught at the Faculty of Law of Nizhny Novgorod ‘ Lobatchevsky ’ University. In November 2007 he lectured at an EU law seminar organised by the American Bar Association Rule of Law initiative for Ukraininan lecturers in EU law.
Publications, Lectures and Research Presentations
MONOGRAPH
-EU Enlargement and the Failure of Conditionality: Pre-accession Conditionality in the Fields of Democracy and the Rule of Law, The Hague: Kluwer Law International, 2008, xxxvii + 358 pp.
EDITED VOLUME
-(with H.E.Bröring, H.G.Hoogers and J.H.Jans), Schurende rechtsordes: Over de Eurpese Unie, het Koninkrijk, en zijn Caribische gebieden, Groningen: Europa Law Publishing, 2008, 333 pp.
BOOK CHAPTERS, ARTICLES, ESSAYS
============================submitted
-'The Impact of European Citizenship on the Association of the Overseas Countries and Territories with the European Community', submitted to a legal periodical in the Netherlands.
-'The Eastern Partnership, the Union for the Mediterranean and the Remaining Need to Do Something with the ENP', submitted to a political science working paper series in the UK.
-(with H.G.Hoogers and H.E.Bröring) 'Staatsrechtelijke consequenties van de toekenning van een UPG-status aan Aruba en de Eilandgebieden van de huidige Nederlandse Antillen', submitted to a legal periodical in the Netherlands.
============================forthcoming
-'Ius Tractum of Many Faces: European Citizenship and a Difficult Reltionship between Status and Rights', 15 Columbia Journal of European Law 2, 2009 (forthcoming).
-'Free Movement and Participation in the Parliamentary Elections in the Member State of Nationality: An Ignored Link?', 16 Maastricht Journal of European and Comparative Law, 2009 (forthcoming).
-'The EU Rule of Law: Cutting Paths through Confusion', 1 Erasmus Law Review 4, 2009, (forthcoming).
-(with F. Amtenbrink) ‘Access to Enhanced Co-operation’, in Ott, Andrea and Vos, Ellen (eds.), 50 Years of European Integration: Foundations and Perspectives, The Hague: T.M.C. Asser Press, 2009 (forthcoming).
-'Substantive and Procedural Issues of Application of European Law in the Overseas Possessions of the Member States of the European Union', 17 Michigan State Journal of International Law 2, 2008 (forthcoming).
=============================published
-‘The Summary of Contradictions: Outline of the EU’s Numerous Approaches to Minority Protection’, 31 Boston College International and Comparative Law Review 1, 2008, pp. 1–51.
-'The ENP Conditionality: Pre-accession Mistakes Repeated', in Tulmets, Elsa and Delcour, Laure (eds.), Pioneer Europe? Testing EU Foreign Policy in the Neighbourhood, Baden Baden: Nomos, 2008, pp. 105–120. [.pdf]
-'Achtergrondstudies: Europeesrechterlijke aspecten', in Bröring, Herman E. et al. (eds.), Schurende rechtsordes. Over de Europese Unie, het Koninkrijk en zijn Caribische gebieden, Groningen: Europa Law Publishing, 2008, pp. 63–146.
-'Rapportage: Europeesrechterlijke aspecten', in Bröring, Herman E. et al. (eds.), Schurende rechtsordes. Over de Europese Unie, het Koninkrijk en zijn Caribische gebieden, Groningen: Europa Law Publishing, 2008, pp. 25–32.
-‘Democracy and Human Rights – Not for Gay People? EU Eastern Enlargement and Its Impact on the Protection of the Rights of Sexual Minorities’, 13 Texas Wesleyan Law Review 2, 2007, pp. 459–495.
-‘Commission’s Approach to Minority Protection during the Preparation of the EU’s Eastern Enlargement: Is 2 Better Than the Promised 1?’, European Diversity and Autonomy Papers (EDAP), No. 2/2007, 2007, pp. 1–50
-‘EU’s Influence on the Citizenship Policies of the Candidate Countries: The Case of the Roma Exclusion in the Czech Republic’, 3 Journal of Contemporary European Research (JCER) 2, 2007, pp. 124–140. Reprinted in V.B. Malleswari (ed.), Citizenship: Contemporary Issues and Developments, Hyderabad: Icfai University Press, 2008.
-‘Gay Rights in the EU: A Long Way Forward for the Union of 27’, 3 Croatian Yearbook of European Law & Policy, 2007, pp. 469–490.
-‘Why the Promotion of the Acquis Is Not the Same as the Promotion of Democracy and What Can Be Done in Order to Also Promote Democracy instead of Just Promoting the Acquis’, 2 Hanse Law Review 2, 2006, pp. 169–195.
-‘Argument for Closer Co-operation between the European Union and the Council of Europe in the Field of the EU Enlargement Regulation’, 2 Croatian Yearbook of European Law & Policy, 2006, pp. 311–342. Reprinted in K. Padmaja (ed.), European Union: Constitutional Conspectus, Hyderabad: Icfai University Press, 2008, pp. 86–125.
-‘Walking a Long Path: Enlargement and Exigency of Overwhelming Change’, essay reviewing Alfred E. Kellermann et al. (eds.), The Impact of EU Accession on the Legal Orders of New EU Member States and (Pre-)Candidate Countries: Hopes and Fears (2006). European Law Books, 19October 2006, pp. 1–14.
-‘European Integration and the Gift of the Second Class Citizenship: The Absence of the Tools within the European Legal System to Combat Temporary Discrimination of European Citizens on the Basis of Nationality Institutionalised by the Acts of Accession’, 13 Murdoch University Electronic Journal of Law 1, 2006, pp. 209–224.
-‘EU Enlargement: Flexible Compliance with the Commission’s Pre-Accession Demands and Schnittke’s Ideas on Music’, CSEP Working Paper (Centre for the Study of European Politics and Society, Ben-Gurion University of the Negev), 2005, pp. 1–16.
-‘EU Enlargement Law: History and Recent Developments: Treaty – Custom Concubinage?’, 9 European Integration online Papers (EIoP) 6, 2005, pp. 1–23.
-‘Behind the Copenhagen Façade: The Meaning and Structure of the Copenhagen Political Criterion of Democracy and the Rule of Law’, 8 European Integration online Papers (EIoP) 10, 2004, pp. 1–24.
-‘Pre-Accession, Naturalisation, and “Due Regard to Community Law”’, 4 Romanian Journal of Political Science 2, 2004, pp. 71 –88.
-‘The Case of the EC: Peaceful Coexistence of an Ever Powerful Community and Sovereign Member States?’, in Snyder, Francis, (ed.) L’Union européenne et la gouvernance, Brussels: Bruylant, 2003, pp. 243–267.
-‘European Citizenship Concept and Enlargement of the Union’, 3 Romanian Journal of Political Science 2, 2003, pp. 71–97.
-‘Sovereignty Lying in between? The case of the European Community and the MemberStates’, 2 Journal of Eurasian Research 2, 2003, pp. 36–43.
REPORTS FOR THE GOVERNMENT (Editing)
-(with H.E.Bröring, H.G.Hoogers and J.H.Jans), Schurende rechtsordes: Over juridische implicaties van de UPG-status voor de eilandgebieden van de Nederlandse Antillen en Aruba, Submitted to the Ministry of the Interior and Kingdom Relations, 2008, 237 pp. (click on the .phf file for download).
A slightly corrected version of this report has been released as a book by Europa Law, Groningen.
REPORTS FOR THE GOVERNMENT (research)
-'Europeesrechterlijke aspecten', in H.E.Bröring et al. (eds.), Schurende rechtsordes: Over juridische implicaties van de UPG-status voor de eilandgebieden van de Nederlandse Antillen en Aruba , Submitted to the Ministry of the Interior and Kingdom Relations, 2008, pp. 50–106.
SHORT BOOK REVIEWS
-Review of Peter Van Elsuwege, 'From Soviet Republics to EU Member States: A Legal and Political Assessment of the Baltic States' Accession to the EU', to appear in Journal of Southeastern Europe, 2009.
-Review of Marc Weller et al. (eds.), 'The Protection of Minorities in the Wider Europe', to appear in Journal of Common Market Studies, 2009.
-Review of Stephan Keukeleire and Jennifer MacNaughtan 'The Foreign Policy of the European Union', to appear in Common Market Law Review, 2009.
-Review of Helen Meenan (ed.), 'Equality Law in an Enlarged European Unoin: Understanding the Article 13 Directives', European Law Books , 23 December 2008.
-Review of Giuliano Amato et al. (eds.), 'Genèse et destiné de la Constitution européenne', 33 European Law Review, 2008, pp. 766-769.
-Review of Dominik Hanf and Rodolphe Muños (eds.), 'La libre circulation des personnes: États des lieux et perspectives', 19 European Journal of International Law 4, 2008; this review also appeared in Global Law Books , 3 June 2008.
-Review of Jo Shaw 'The Transformation of Citizenship in the European Union', 46 Journal of Common Market Studies, 2008, pp. 909, 910.
-Review of Philip Kiiver (ed.) ‘National and Regional Parliaments in the European Constitutional Order’, European Law Books, 1 February 2007.
-Review of Kellermann et al. (eds.) ‘The Impact of EUAccession on the Legal Orders of New EU Member States and (Pre-)Candidate Countries: Hopes and Fears’, 44 Common Market Law Review, 2007, pp. 854–856.
EU law implications of the splitting of the Netherlands Antilles Dimitry Kochenov is a member of the research team in charge of producing a report analysing the legal implications of the change of the legal status of several Caribbean Islands making part of the Kingdom of the Netherlands.
Responsibility: EU Law issues: 299(2) EC status and the transposition of the acquis in the related territories. The study is conducted for the Dutch Ministry of Interior and Kingdom Relations.
SELECTED LECTURES AND PRESENTATIONS
(since the time of appointment as a lecturer in Groningen)
-The Eastern Partnership, the Union for the Mediterranean and the Remaining Need to Do Something with the ENP
-Citizenship and Migration Law in the European Union, a series of lectures at Université de Strasbourg (Marc Bloch, relations internationales) December 2008, Strasbourg (France).
-New Member States and the Framing of the EU Foreign Policy, talk given at a conference 'Challenges for New EU Member States: Discussion from a National Perspective', December 2008, Utrecht University, Faculty of Law (The Netherlands).
-EU Enlargement as a Foreign Policy Tool: The Way Forward, a series of lectures at École Supérieure des Science Commerciales d'Angers, December 2008, Angers campus (France).
-EU Citizens' Rights to Free Movement, lecture at the Vrije Universiteit Amsterdam (VU) Faculty of Law, November 2008 (The Netherlands).
-A Citizenship of Unequals by Law, JMU Distinguished Byrd Lecture, October 2008, James Madison University, Harrisonburg VA (United States).
- The 'New' Mediterranean Union and the Mistakes of the ENP, talk given at the 4th ECPR Pan-European Conference on EU Politics, September 2008, University of Lativia, Riga (Latvia).
- When EU Border Cuts Your Country in Two: A Legal Appraisal of the Rules of Territorial Application of European Law in the light of the Ongoing Constitutional Reform in the Kingdom of the Netherlands, talk given at UACES 38th Annual and 13th Research Conference, September 2008, University of Edinburgh (Scotland).
- European citizenship rights and participation in the parliamentary elections in the Member State of nationality: an ignored link? , talk given at a conference ‘After the First 50 Years, The Future of the European Law and Policy’, July 2008, Birmingham Law School (England).
- The Irish ‘No’, European Democracy and Values, talk at the Kraków intensive study programme Euroculture Erasmus Mundus MA, June 2008, Jagellonian University, Kraków (Poland).
- At Home in the Union: New Member States and the Shaping of EU Foreign Policy , talk given at the first annual ‘Assessing Accession: Central and Eastern Europe in the EU’ research symposium, June 2008, University Glasgow (Scotland).
- Europan Citizenship and Equality: A Citizenship of Unequals by Law?, a series of lectures at ESSA Spring School, May 2008, Sofia University (Bulgaria).
- The European Neighbourhood Policy: Pre-accession Mistakes Repeated?, talk given at GARNET Conference ‘The EU in International Affairs’, April 2008, Egmont Palace, Brussels (Belgium).
- The Failure of Conditionality in the EU Enlargement Law, a lecture at the Rotterdam Law School, April 2008 (The Netherlands).
- European Neighbourhood Policy: A Castle in the Sand, talk given at a seminar on ‘Europe’s Unfinished Transitions’, January 2008, St. Antony’s College, Oxford (England).
- The Treaty of Lisbon and the Constitution for Europe, a series of lectures for the American Bar Association Rule of Law Initiative, November 2007, Kyïv (Ukraine).
- European Neighbourhood Policy, Enlargements, and the Promotion of Democracy through Accessions, lecture for the students of the Erasmus Mundus European Integration and Regionalism Programme, EURAC, September 2007, Bolzano (Italy).
- Citizenship, Participation, and Exclusivity: The Mutating Essence of the European Citizenship Status in the Light of Directive 2003/109/EC and Case C-145/04 Spain v UK , talk given at UACES 37th Annual and 12th Research Conference, September 2007, Portsmouth University (England).
- EU Non-Discrimination Law, a series of lectures at the Equality and Non-Disctimination Summer School of the Romanian Department of State for Interethnic Relations, July 2007, Sibiu (Romania).
- When the Exercise of Citizenship Rights Leads to Disenfranchisement , talk given at the ‘Law and Justice in the Age of Globalisation’ Conference, organised by Texas Wesleyan School of Law, July 2007, Gloucester (England).
- Introduction into EU Law, a series of lectures given as a guest professor at Osaka Graduate School of Law, June 2007, Osaka (Japan).
- Roma Ethnicity and the Citizenship of the Czech Republic: The European Commission's Role in the Promotion of Inclusion in the Course of the Pre-Accession Exercise Leading to the Fifth Enlargement of the European Union , talk given at the ASN Annual Convention, April 2007, Columbia University, New York (United States).
- Tolerating Assimilation or Promoting Autonomy? The EU’s Myth of a Single ‘European Standard’ of Minority Protection , talk given at the annual BASEES conference, April 2007, University of Cambridge (England).
- Equality in the EU: Not for Gay People?, talk given at the conference on ‘Equality in the EU: Experience and Expectations’, organized by Liverpool LawSchool, October 2006, University of Zagreb (Croatia).
- The European Union: Numerous Contradictory Approaches to Minority Protection under One Roof , talk given UACES 36th Annual and 11th Research Conference, August 2006, University of Limerick (Ireland).
- Is There Room for Closer Cooperation between the European Union and the Council of Europe in the Field of the EU Enlargement Regulation?, talk given at the ECPR Standing Group on the EU, 3rd Pan-European Conference on EU Politics, September 2006, Bilgi University, İstanbul (Turkey).
- The Failures of Conditionality and EU Enlargement Law: Reforming the Democracy Promotion Component, talk given at a conference ‘Europe’s Democratic Challenges - EU Solutions?’, Università degli studi di Trento, June 2006 (Italy).
- Democracy and the Rule of Law: Not for Gay People?, talk given at the ‘Too Pure an Air: Law and the Quest for Freedom, Justice, and Equality’ Conference, organised by Texas Wesleyan School of Law, July 2006, Gloucester (England).
- Work and Welfare Promotion in the Pre-accession: Commission's Unlimited Powers Brining Modest Results, talk given at the conference on 'Governing Work and Welfare in an Enlarged Europe', May 2006, University of Wisconsin-Madison, Madison (United States).