Biography
Educational/ Current position / Professional Experience
Education
2010 – 2016 PhD / Doctorat en droit
Université de Luxembourg, Faculté de Droit, d’Economie et de Finance
Title of the doctoral thesis: Accession Treaties in the EU legal order
2006 – 2009 LL.M. / Master en Droit Européen LL.M (Académique)
Filière Droit Européen Général (Master in EU Law)
Université de Luxembourg, Faculté de Droit, d’Economie et de Finance
1993 – 1994 Bar Exam
Higher Court in Ljubljana
1985 – 1989 Lawyer
Law School, University of Ljubljana
Professional experience
9/2019 – 10/2006 President of Chamber/Judge at the General Court of the European Union
Litigation resolution, organisation and management of a chamber
12/2004 – 10/2006 Head of Division of Lawyers-linguists
Court of Justice of the EU, L-2925 Luxembourg
Managing approximately 35 professionals, predominantly lawyers
2003 – 2004 Law practice
Law Office Gregor Zupančič, Mala ulica 3 / V, Ljubljana
Representation of clients in courts, bussines law
Consultant, Team Leader, Senior Legal Expert
various EU financed projects in the countries of the Western Balkans (Accession to the EU, drafting of legislation, negotiations, training)
1998 – 2003 Legal Adviser and Member of the Core Negotiating Team for Negotiations on Accession of Slovenia to the European Union
Government of the Republic of Slovenia, Office for Legislation, Office for European Affairs
Preparation of negotiating positions, negotiations, legal analyses and legal advice to the Chief Negotiator on questions of national and EU law, drafting of the Accession Treaty; participation in national and EU procedures of negotiations, up to the accession.
1994 – 2002 Deputy director (State Secretary), State Undersecretary, Head of department for European and Comparative Law, Adviser to the Director
Government of the Republic of Slovenia, Office for Legislation
Drafting of legislation (laws and other general legal acts, opinions), representing the Executive in the Parliament, legal advice to the Government and the Ministries, negotiations on the EU Association Agreement.
Current position: Independent international legal expert
Immediately preceding his career as transformation specialist and international legal expert, dr.Prek worked as judge (2006-2019) at the General Court of the European Union. His peers elected him president of chamber twice (2013-2016, 2016-2019). In performing his mandate, he was privileged to work on some of the most interesting cases in the areas of competition law, mainly of abuse of dominant position and cartels, which led him to developing a specialised expertise in business and particularly financial law: with cases such as cartels in the area of interest rate fixing to cases of judicial control in the area of EU banking law (litigation stemming from prudential supervision as carried out by the European Central Bank).
Miro Prek started his career in the early 90 in Slovenia, when the country had just declared its independence. Having worked in the legal service of the government, the challenge was enormous: a new legal system had to be created almost from scratch and an entire society had to be transformed. Miro actively participated in the negotiations for membership with the EU from the very beginning: first for the Europe Agreement (1996), then for the Accession Treaty (1998-2003) as member of the Core Negotiating Team; he also had various responsibilities in preparing the country for membership as a follow-up to negotiations. After the end of accession negotiations, Miro advised governments and their services on EU law as an independent legal expert, team leader and senior legal expert in EU financed projects.
Arbitration Experience
No direct experience as arbitrator/counsel.
Thirteen years of experience as judge of the EU General Court, some of the cases had to do with recognition of arbitral awards.
Publications and Speaking Engagements
Selection of recent published works in French and English
M. Prek, S. Lefèvre, La dimension subjective de l’invocabilité des engagements internationaux, in Constitutional issues of EU External Relations Law, Nomos (in print)
M. Prek, S. Lefèvre, The General Court as the EU competition Court? In EU Competition and State Aid rules – Interaction between public and private enforcement, Springer (2017), pp.39/48
M. Prek, S. Lefèvre, Contractual litigation before the EU Courts: the interplay between EU and national laws in Liber Amicorum for Prof. Ottó Czúcz, Szeged (2016), pp.513/524
M. Prek, S. Lefèvre, The EU Courts as “National” Courts: National Law in the EU Judicial Process, 54 (2) Common Market Law Review (2017), pp.369/402
M. Prek, S. Lefèvre, Competition Litigation before the General Court: Quality if not Quantity? 53 (1) Common Market Law Review (2016), pp.65/90.
M. Prek, S. Lefèvre, The Requirement of Selectivity in the Recent Case-Law of the Court of Justice, 11 (2) European State Aid Law Quarterly (2012), pp. 335/345
Other publications in Slovene may be found here: http://splet02.izum.si/cobiss/BibPersonal.jsp?init=t&code=&type=conor .
Recent Conferences (key note speaker or speaker):
Economic evidence in competition law and the future of the more economic-approach
(https://www.eventbrite.co.uk/e/economic-evidence-in-competition-law-and-the-future-of-the-more-economic-approach-tickets-31506912022#)
CRA Annual Brussels Conference: Economic Developments in Competition Policy, 2017 (Do Mergers Systematically Reduce Innovation? Theories, Presumptions and Standards of Evidence)
(https://ecp.crai.com/events/cra-annual-brussels-conference-economic-developments-in-competition-policy-2017/)
State Aid Brussels July 2019 (»A view from the Courts«)
European Central Bank Legal Conference, Frankfurt, August 2019
Analysis on arbitration awards.
PHILIPPE (D.), « Demande reconventionnelle – Soumission – Délai – Retard – Application de l’article 747 du Code judiciaire – (non)-Violation », note sous sentence arbitrale n° 22210 du CEPANI, in Recueil de sentences arbitrales du CEPANI, Bruxelles, Bruylant, 2015, pp. 137-155.
PHILIPPE (D.), « La force majeure et le hardship », in Les principes UNIDROIT relatifs aux contrats de commerce international (ed. 2010) et l’arbitrage. Actes du colloque du CEPANI du 24 mai 2011, Bruxelles, Bruylant, 2011, pp. 97 à 124.
PHILIPPE (D.), « La responsabilité précontractuelle dans une cession de titres, note d’observation », Recueil de sentences arbitrales du CEPANI, 2007.
PHILIPPE (D.), « Les clauses et les procédures de résolution des conflits », Annales du droit luxembourgeois, vol. 20, Bruxelles, Bruylant, 2010, pp. 107 à 181.
In preparation
Arbitration and Unidroit principles (to publish in the Czech yearbook of Arbitration 2020, ed prof Belohlavek).
