She below discusses her motto which enables her to do right by her students and clients, whilst delving into her work a little more, offering nuggets of advice along the way.
MY MOTIVATIONAL STATEMENT: “ALWAYS BETTER, ALWAYS THE SAME”
What do I mean by: ‘ALWAYS BETTER’?
My father used to tell me: “You can still do better!”. That made me an ambitious person, but also showed me that modesty was necessary in order to succeed.
Just like many women in this day and age, I have been fighting to define my place in my profession. I have been a lecturer and a teacher and an attorney for twenty years together. From now on, I’ve decided to call myself “a woman of her word” as talking aloud and standing tall are values completing my motivational statement.
I first obtained a diploma in Political Sciences with the main course being European Law, in Bucharest Romania.
I then decided to study law, first in Romania and then in France. As I wanted to be a university professor and I love conducting research in my field of competence, I then obtained a PhD in Law with a thesis supported by AIRBUS France and by ADEME (French Agency for Environment) and specialised in European Law. I was also teaching European Law throughout my course.
I then completed courses at the School of Law in Toulouse and became an attorney. From there, I opened my own law office, only two years later.
The most effective way to practice European law in France is to defend foreigners. Thus arose my interest in human rights which I entwined with my knowledge in European Law.
I have been a University and Business school teacher and an attorney fighting for human rights for twenty years altogether.
What do I mean by: ‘ALWAYS THE SAME’?
I have always been loyal to my values and I must say that I have a marvellous loving family supporting me.
I, too, believe in truth, justice and quality when working with my clients.
I am also a tirelessly optimistic person, always reaching for positivity in people and testing situations.
You should strive to grow and become better, whilst remaining true to your core values – inside and outside the legal profession.
Approaching work and goals during the pandemic
This period is quite difficult for everyone. The saving phrase may be: HUMANITY versus COVID19. We may notice people coming back to old but good values, such as: family, helping others and progressing in a more sustainable way.
But this period of time is also an occasion to rethink our lives and work on new projects. Working from home has been facilitated by digital programs and applications.
The lockdown has given me the time and opportunity to prepare my new training program: speeches, pleadings, conferences, and to devise an original method on how to speak at public occasions, with originality, eloquence, and charisma.
Nonetheless, I have two new objectives.
First, I’d like to imply myself further into defending people who have no possibility of being heard and whose rights are not respected. I’d also like to develop my knowledge on a more international level.
That may be possible, for example, by getting more involved in with Avocats Sans Frontières France, of which I have been a member for several years, or by working together to colleagues abroad on inter- (or trans-) national affairs.
Second, I have been developing a method to accompany managers, officers, officials and students to plead, speak in public, communicate on important subjects and matters in an original way. That allows me at the present time to propose a new series of lectures to universities and business schools, but also training to professionals who may need to speak or to affirm themselves in public.
Defending rights based upon European rules in front of national jurisdictions
As I mainly defend people’s rights, I am aware that at the European level, the principles which organise the hierarchy of norms in France allow every citizen to apply European law directly to French judges, even when it is in contradiction with national norms.
This follows from Article 55 of the French Constitution that international treaties have a higher authority than national laws, under the condition of reciprocity. The highest jurisdictions in France (Cour de cassation and Conseil d’Etat) have specified that French law, even more recent, must be rejected when it conflicts with international law.
In European Union law, it depends on the type of rule: treaty (primary law) directives or regulations (secondary law). The principle is the primacy of EU law. The European Court of Justice (ECJ) considers that, since any national judge is responsible for applying European law, he/she has an obligation to set aside any national standard contrary to it.
The citizens of the European Union and their families benefit from the freedom of movement of persons and services. Nevertheless, there are two very important rulings at the European level concerning foreigners and establishing a uniform regime for the treatment of asylum seekers (the Dublin III Regulation) and a uniform regime for the removal of foreigners from the Schengen area (Directive 115/2008/EU).
Why being culturally aware is important
In order to achieve the above and fight for the rights of others, knowing oneself and one’s fundamentals (History, Arts, Literature, Sciences, etc.) is vital; it makes it possible to speak in an original way.
My research and experience show that general culture gives prominence to the discourse and originality to the presentation. While current events anchor the discourse in the present, general culture makes it possible to personalise it and can even immortalise your words.
Moreover, let us not forget that the current means of transmitting information allows widespread access to current society. This gives everyone the same fountain of knowledge, even if one’s experience is different. Having common knowledge means speaking the same language. That allows dialogue to enforce a democratic world.
Overcoming the obstacles of speaking is overcoming oneself
In order to stand forward and work for the betterment of human rights, globally, one must overcome personal fear associated with speaking out. While improvisation seems to be the ready answer to novelty and sometimes to urgency, the ability to structure one’s discourse requires a good grasp on culture and society, in addition to personal experience, which can reinforce the appropriation of the subject. This rings true for an attorney or lecturer.
For some, giving a speech is an opportunity to express one’s personal opinion. But, as we often find in the law, it also gives shape to one’s ambitions.
Preparing a speech for a family celebration or a high-flying plea becomes accessible when you overcome your own personal obstacles. It is what I have learnt from my years of experience in the field.
About Lucia
Media involvement:
Lucia always responds in a favourable way to invitations from journalists and has worked with: France 3, France Bleu - Toulouse, La Dépêche du Midi, Magazine MANAGER, Magazine ELLES.
How her training and teaching courses are developed
Lucia teaches, both in French and in English, European Union law and administrative litigation and proceedings to public officers and students (Business Schools, Law School, etc.).
Her main courses and lectures are based on these subjects:
- The administrative and judicial litigation of foreign nationals;
- The freedom of movement in the European Union, the Schengen area and border control.
Her Pleadings
Her pleadings require her to travel throughout France but thanks to the power of technology, she is readily available. She has intervened up to the Cour d’Assise (high criminal jurisdiction)and travels throughout France to plead to the administrative Courts, at the National Court of Asylum in Paris for refugees or for persons seeking subsidiary protection; she has also been to the Chamber of Investigation in Bordeaux working for the defence regarding a European arrest warrant.
Attorney at MAINIER-SCHALL Law Office in Toulouse, France
Lecturer and teacher
mainier-schall.avocat@hotmail.fr
www.avocat-mainierschall-toulouse.com
0033- 667006207 and 0033-561385821
Address: 18 Rue du Languedoc 31000 Toulouse France
