The separation of powers, a fundamental aspect of the rule of law

FRIDAY, 31st MAY 2019

Assembly Hall of the Barcelona Bar

Opening speech by:

  • Ms. M. Eugènia GAY, President of the Barcelona Bar Association
  • Mr. Michele LUCHERINI, President of the Fédération des Barreaux d’Europe (FBE)


University of the Basque Country

He is a professor of Political and Social Philosophy, Ikerbasque researcher at the University of the Basque Country and director of the Institute of Democratic Governance. Doctor in Philosophy, he extended his studies to Germany, as a scholarship holder from the Alexander von Humboldt Foundation, Switzerland and Italy.

He has been a guest lecturer at several European and American universities, recently at the Robert Schuman Center for Advanced Studies at the European Institute of Florence, as well as at the London School of Economics. Currently, he is Associate Director of the Fondation Maison des Sciences de l’Homme in Paris.

Analysis of the European Constitutions from the existing socio-political reality. Is real division of powers possible? The division of powers has to adapt to social and political changes that occur within the development of each community. Do European constitutions make this possible?



Catholic University of Louvain

Professor at the Catholic University of Louvain, Louvain-la-Neuve and member of the State and Constitution Research Center (C.R.E.C.O.) of the Catholic University of Louvain (U.C.L.).


  • Mr. Erinç SAĞKAN. President of the Ankara Bar Association
  • Mr. Jean-Pierre BUYLE. President of the Ordre des Barreaux Francophones et Germanophone de Belgique
  • Mr. Francisco VELLOZO. President of the Conselho de Deontologia of the Conselho Regional do Porto


  • Ms. Victoria ORTEGA President of the Spanish Bar Council

Guarantee of independence or privilege? Do they facilitate the necessary balance of powers or distort it? How do they interfere or help maintain the necessary balance between powers, figures such as open lists, party discipline, immunity, parliamentary inviolability…)?


Dr. Josep Joan MORESO

University Pompeu Fabra

Josep Joan Moreso is Professor of Philosophy of Law at University Pompeu Fabra. Bachelor of Law (Autonomous University of Barcelona, 1983) and Doctor of Law (Autonomous University of Barcelona, 1988), before UPF, he has been a professor at the Autonomous University of Barcelona and the University of Girona. He has mainly worked in Theory of Law, paying special attention to the structure and dynamism of legal systems, applying the contributions of deontic logic.

His most recent research is based on the philosophical foundations of the Constitution, which includes a wide range in which several areas coincide, such as: metaethics, philosophy of language, theory of interpretation and argumentation of law, political philosophy and theory of democracy.


  • Mr. José María Alonso. President of the Madrid Bar Association
  • Mr. Jean-Pierre Gross. Former President of the European BarS Federation (FBE)
  • Ms. Laura Bruno. Council Member of the Ordine degli Avvocati di Lecce


  • Ms. Marie-Aimée PEYRON President of the Paris Bar Association

Patio de Columnas ICAB

Why should Bar Associations influence the legislator? What are the benefits for society that may result from this lobbying? To which extent should the Bar associations influence the legislator? Which mechanisms are suitable for this matter? How can we allow a real impact with absolute transparency?


Dr. Rafael RUBIO

Complutense University of Madrid

Dr. Rubio holds a PhD in Constitutional Law (an extraordinary degree) and is the professor and director of the Research Group on Participation and New Technologies (I + DEM) at the Complutense University of Madrid. He is also the Deputy Director of the Center for Political and Constitutional Studies (Ministry of the Presidency).


  • Mr. Patrick HENRY President of the Human Rights Commission of the Council of Bars and Law Societies of Europe (CCBE)
  • Ms. Christina BLACKLAWS President of the Law Society of England and Wales
  • Dr. Margarete GRÄFIN VON GALEN Third Vice-President of the Council of Bars and Law Societies of Europe (CCBE)


  • Ms. M. Eugènia GAY President of the Barcelona Bar Association

Complementing and sometimes replacing the legislator: Are judges the new regulatory authorities? Does the interpretation of rules have limits? The examination of the constitutionality of laws and their adaptation to the changing globalization of social systems.



University of Amsterdam

She is professor of European law at the University of Amsterdam and director of the Amsterdam Centre for European Law and Governance (ACELG). Her research interests are integration and disintegration dynamics in EU law and the legal limits to European integration.

This builds on her research on the internal constitutional consequences of the European Union’s external actions, a comprehensive account of which was published as a monograph entitled EU Powers under External Pressure – How the EU’s External Actions Alter its Internal Structures (Oxford University Press, 2019).


  • Mr. Farid HAMEL President of the Lyon Bar Association
  • Mr. José María FERNÁNDEZ Magistrate in the Section 15 of the Barcelona Provincial Court
  • Ms. Maria Eugènia ALEGRET Magistrate of the Civil and Criminal Division of the High Court of Justice of Catalonia and Vice-president of the Academy of Jurisprudence and Legislation of Catalonia
  • Dr. Michael GRIEM President of the Frankfurt am Main Bar Association


  • Mr. Manuel CAMAS Former President of the Malaga Bar Association
  • Mr. Eugenio GAY MONTALVO.Founder and First President of the FBE