European Union Law

Making Community Law The Legacy of Advocate General Jacobs at the European Court of Justice

Edited by Philip Moser · Katrine Sawyer
Edward Elgar Publishing June 2008

Specifications

ISBN-13
9781847201379
Publisher
Edward Elgar Publishing
Publication
June 2008
Format
Hardback , 304 pages
Jurisdiction
European Union ? Countri(es) for reference only

Details

The inspirational ideas of Advocate General Francis Jacobs have been drawn together here for the first time in one volume. Fifteen leading EU law practitioners and academics have contributed, including both Sir Francis’s predecessor and his successor, covering topics of current discussion in this continually evolving field. Each contributor deals with a discrete topic of EU law and discusses its evolution to date, its current state and its future development, always with specific reference to Sir Francis’s opinions. 

Covering a diverse range of EU law topics, this book will be of great interest to anyone seeking a greater insight into the workings of the European Court of Justice and the role of the Advocate General, and also for anyone involved in the academic study of EU law or practising and litigating in the field. Making Community Law should provide a rich treasury of ideas, explaining both the current state of EU jurisprudence as well as considering the next steps in the making of EU law.

Table of Contents

Foreword
Sir Christopher Bellamy

Preface
The Rt Hon. The Lord Slynn of Hadley

Introduction
Philip Moser and Katrine Sawyer

1. A Consumer’s Appreciation of the Contribution of Advocate General Francis Jacobs to the Shaping of the EC’s Legal Order
Stephen Weatherill

2. Fundamental Rights
Paul Craig

3. Locus Standi of Individuals under Article 230(4): The Return of Euridice?
Takis Tridimas and Sara Poli

4. Links with National Courts
Sir John Mummery

5. Competition Law
Richard Whish

6. Free Movement of Goods and Services
Catherine Barnard

7. Citizenship of the Union
Eleanor Sharpston

8. External Relations
Richard Plender

9. Intellectual Property
Christopher Morcom

10. Temporal Limitation in EU Law
David Vaughan

Postscript
Anthony Arnull

Index

About the Author

Edited by Philip Moser, Barrister, Monckton Chambers, London, UK and Katrine Sawyer, Barrister, Hailsham Chambers, London, UK and Référendaire, European Court of Justice, Luxembourg

Reviews

‘This aptly-titled book, describing Sir Francis Jacobs’ career as one of the ECJ’s longest-serving Advocates General, also offers a unique insight into the Court’s “judge-made law”. The contributors, all pre-eminent in their respective fields, show how a widely-respected advocate-general can, through the intellectual force of his opinions, not only recommend, guide and warn the Court, but even on occasion persuade it to reverse its earlier case-law. Essential reading for those who need to understand the Court’s internal dynamics.’
– Judge Nicholas Forwood, Court of First Instance of the European Communities

‘Second longest serving Advocate General at the European Court of Justice; 574 Opinions to his name. This excellent book is an unqualified acknowledgement of Francis Jacobs’ towering influence in the world of Community law. But it is much more than a festschrift, though it is certainly that. It is a collection of scholarly essays, of real value to academics and practitioners alike, by some of our foremost European lawyers: a textbook as well as a celebration.’
– The Rt Hon Lord Justice Laws, Royal Courts of Justice, UK

‘This is a readable book which will help parties and the court to solve problems. Counsel and solicitors in cases involving European Law should use it to help them give clear advice and make clear submissions with a prospect of success. For my part, I shall now re-read one of the chapters, and the Jacobs opinions referred to in it, in order to stimulate my mind on what I trust will as a result become a clearer judgment.’ 
– The Rt Hon Sir Konrad Schiemann, Judge of the Court of Justice of the European Communities

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