European Union Law

Continuity and Change in EU Law Essays in Honour of Sir Francis Jacobs

Edited by Anthony Arnull · Plet Eeckhout · Takis Tridimas
Oxford University Press March 2008

Specifications

ISBN-13
9780199219032
Publisher
Oxford University Press
Publication
March 2008
Format
Hardback , 544 pages
Jurisdiction
European Union ? Countri(es) for reference only

Details

Commemorates the work of Sir Francis Jacobs, the most distinguished scholar and practitioner of European Union Law to have come from the United Kingdom

  • Provides a major reference point for the understanding of developments in EU law over the last two decades, gathering the views of key actors in the field
  • Includes contributions from a variety of perspectives: academics, national judges, practising lawyers and members of the European Courts

This volume commemorates the career of Sir Francis Jacobs KCMG QC, who served as British Advocate General at the European Court of Justice in Luxembourg from October 1988 until January 2006.



The essays in the volume examine the key developments in EU law over the period that Sir Francis served as Advocate General, one that saw momentous changes in the character of the Union and its legal order. It encompassed the Treaty of Maastricht, which superimposed the Union on the pre-existing European Community, as well as the Treaties of Amsterdam and Nice; the proclamation of the Union's Charter of Fundamental Rights; the drafting of the Treaty establishing a Constitution for Europe; the creation of the Court of First Instance and the EU Civil Service Tribunal; the completion of the single market; and the enlargement of the Union to 15 Member States in 1995 and 25 Member States in 2004. The period also witnessed a profound change in the nature of much academic scholarship on the law of the Union.



At the same time, the ECJ continues to grapple with issues which preoccupied it in the 1980s and earlier, such as the relationship between Union law and national law, the circumstances in which individuals should be permitted to seek the annulment of measures adopted by the Union's institutions and the scope of the Treaty rules on freedom of movement. The essays in the volume look at the persistent difficulties that have faced the unique legal system during the period of change.



The volume is divided into five sections dealing respectively with: general issues and institutional questions; fundamental rights; substantive law; external relations; and national perspectives. The contributors are distinguished figures drawn from a variety of constituencies, including the national and European judiciaries, legal practice, and the academic world.

Readership: Academics studying EU law, lawyers practising in the area, government and EU officials seeking to understand developments in the field.

Table of Contents

Lord Bingham of Cornhill: Foreword
Preface
List of Contributors
Table of Abbreviations
Part I: Institutional Questions
1: Konrad Schiemann: The Functioning of the Court of Justice in an Enlarged Union and the Future of the Court
2: Eleanor Sharpston: The Changing Role of the Advocate General
3: Nicholas Forwood: The Court of the First Instance, its Development and Future Role in the Legal Architecture of the European Union
4: David Vaughan and Margaret Gray: Litigation in Luxembourg and the Role of the Advocate at the Court of Justice
5: Takis Tridimas and Sara Poli: Locus Standi of individuals under Article 230(4): The Return of Euridice?
6: Carl Baudenbacher : The EFTA Court, the ECJ and the Latter's Advocates General - A Tale of Judicial Dialogue

Part II: Fundamental Rights
7: Antonio Tizzano: The Role of the ECJ in the Protection of Fundamental Rights
8: Robin C. A. White: The Strasboug Perspective and its Effect on the Court of Justice: Is Mutual Respect Enough?
9: Jacqueline Dutheil de la Rochère: The EU Charter of Fundamental Rights, Not Binding but Influential: the Example of Good Administration
10: Jeffrey Jowell : Administrative Justice and Standards of Substantive Judicial Review

Part III: Internal Market and Economic and Monetary Union
11: Laurence W. Gormley: The Definition of Measure Having Equivalent Effect
12: Vanessa Edwards and Paul Farmer: The Concept of Abuse in the Freedom of Establishment of Companies: A Case of Double Standards?
13: Andrea Biondi: Recurring Cycles in the Internal Market: Some Reflections on the Free Movement of Services
14: David Edward and Niamh Nic Shuibhne: Continuity and Change in the Law Relating to Services
15: Eva Lomnicka: The Financial Services Single Market and the Interface Between Community Law and Domestic Law
16: David T Keeling: Equal before the Law? Not if you Want to Register a Trade Mark
17: J A Usher : The Evolution of Economic and Monetary Union - Some Legal Issues

Part 4: External Relations
18: Piet Eeckhout: A Panorama of Two Decades of EU External Relations Law
19: Ernst-Ulrich Petersmann: Multilevel Constitutionalism and Judicial Protection of Freedom and Justice in the International Economic Law of the EC
20: Alan Dashwood: Dual-use Goods: (Mis)Understanding Werner and Leifer
21: John H Jackson : Direct Effect of Treaties in the US and EU, the Case of the WTO: Some Perceptions and Proposals

Part 5: General Issues
22: Trevor C Hartley: The European Court, the Brussels Convention / Regulation and the Establishment of an Efficient System for International Litigation in Europe
23: Walter Van Gerven: About Rules and Principles, Codification and Legislation, Harmonization and Convergence, and Education in the Area of Contract Law
24: Anthony Arnull: The Americanization of EU Law Scholarship
25: Giuseppe Tesauro: The Effect of EU Law on the Italian Courts
26: Nial Fennelly: The Effect of European Community Law on Irish Law and the Irish Constitution
Index
 

About the Author

Edited by Anthony Arnull, Professor of European Law and Head of the Birmingham Law School, University of Birmingham, Piet Eeckhout, Professor of European Law and Director, Centre of European Law, King's College London, and Takis Tridimas, Sir John Lubbock Professor of Banking Law, Centre for Commercial Law Studies, Queen Mary, University of London
Contributors:
Lord Bingham of Cornhill, Senior Lord of Appeal in Ordinary, House of Lords
Anthony Arnull, Professor of European Law, University of Birmingham
Carl Baudenbacher, President of the EFTA Court
Judge Nicholas Forwood QC, Court of First Instance of the European Communities
Roger Goebel, Director, Fordham Center on European Union Law
Judge Konrad Schiemann, Court of Justice of the European Communities
Advocate General Eleanor Sharpston, Court of Justice of the European Communities
Takis Tridimas, Sir John Lubbock Professor of Banking Law, Queen Mary University, London and Professor at the Dickinson School of Law of the Pennsylvania State University
David Vaughan, Brick Court Chambers
Jacqueline Dutheil de la Rochère, Professeur du Droit Public, Université PARIS II
Jeffrey Jowell, Professor of Public Law, University College London
Judge Antonio Tizzano, Court of Justice of the European Communities
J.H.H. Weiler, Jean Monnet Professor of Law, New York University
Robin White, Professor of Law at the University of Leicester
Andrea Biondi, Reader in Law, King's College London
David Keeling, Member of the Second Board of Appeal Office for Harmonization in the Internal Market (Trade Marks and Designs)
Sir David Edward, Deputy Judge of the Court of Session in Scotland
Niamh Nic Shuibhne, Reader in EC Law, University of Edinburgh
Vanessa Edwards, Chambers of Advocate General E Sharpston, Court of Justice of the European Communities
Paul Farmer, Pump Court Tax Chambers
Lawrence Gormley, Professor of European Law, University of Groningen
Trevor Hartley, Professor Emeritus of Law, London School of Economics
Eva Lomnicka, Professor of Law, King's College London
Richard Plender, 20 Essex Street Chambers
John A Usher, Professor of European Law, University of Essex
Walter Van Gerven, Professor of Law, Katolieke Universiteit, Leuven and Universiteit Maastricht
Alan Dashwood, Professor of European Law and Fellow (formerly Vice-Master) of Sidney Sussex College, Cambridge
Piet Eeckhout,Professor of European Law at King's College London
John Jackson, University Professor, Georgetown University
Marc Maresceau, Professor of Law, University of Ghent
Ernst-Ulrich Petersmann, Professor of International and European Law, EUI, Florence
Sir Christopher Bellamy, President of the UK Competition Appeal Tribunal
Bill Cornish, Emeritus Herchel Smith Professor of Intellectual Property Law, University of Cambridge
The Hon. Mr. Justice Nial Fennelly, The Supreme Court of Ireland
Lord Hoffman, Lord of Appeal in Ordinary, House of Lords
Leif Sévon, President, Supreme Court of Finland
Lord Slynn, Lord of Appeal, House of Lords
Judge Giuseppe Tesauro, Corte costituzionale della Repubblica italiana

Reviews

"This volume of essays...is a fitting tribute to Francis Jacobs career...The quality of the contributions is high... The editors are to be congratulated on bringing together this team of contributors and organising the resulting material in a clear and coherent manner. Sir Francis Jacobs made a lasting and very valuable contribution to the development of EU law, and this is reflected in the essays in this volume." - Paul Craig, Public Law

"This impressive collection of essays (which are mostly doctrinal in nature) succeeds in reflecting both continuity and change in the development of the European Union from 1988-2006 and also demonstrates the remarkable impact of A.G. Jacobs on EU law both through his Opinions and academic work. The book is clearly written throughout and well-edited by the co-editors who all served A.G. Jacobs at the Court as referendaires in his chambersThis book will be of considerable interest to academics, practitioners, officials of the institutions and students of EU law and contains many indicators of areas ripe for further research and future reform." - European Law Review
 
 

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