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The Advocate General and EC Law

The Advocate General and EC Law

Author: Noreen Burrows; Rosa Greaves
Publisher: Oxford University Press
ISBN: 9780199299003
Published In: March 2007
Format: Hardback , 344 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Offers a unique perspective on the politics of the European Court of Justice - one of the driving forces behind closer European integration
Provides the first dedicated study of the role of the Advocate General in the development of EC Law - a role which has no equivalent in UK courts
Assesses the particular contribution of key figures in EU law including Maurice LaGrange, Walter van Gerven and Francis Jacobs

The prominence of the Advocate General is one of the most distinctive, and controversial, features of the European Court of Justice.

The Advocate General and EC Law

is the first comprehensive study of the Advocate General and his role in the development of EC Law. The book examines the history of the role, the questions over its future, and the role's importance in the procedures of the Court.

The book also analyses the contribution of some of the most influential Advocates General to the development of specific aspects of Community law, including Francis Jacobs on intellectual property, Walter van Gerven on discrimination and Jean Pierre Warner on competition procedure. The book explores the contributions of a range of Advocates General to specific principles of Community Law, including state liability and direct effect.

Readership: Academics and Students in European Community Law and European Politics, Practitioners appearing before the European Court of Justice, or seeking to understand EC Procedure

1: Introduction

Part I: The Advocate General as a member of the ECJ

2: The Place of the Advocate General in the procedure of the European Community Courts

3: The Advocate General and Human Rights Standards

Part II: Selected Advocates General and specific areas of Community law

4: The First Advocate General- Maurice Lagrange

5: Walter van Gerven and the Principle of Equal Treatment of Men and Women

6: Advocate General Jacobs' Opinions and Intellectual Property Law

7: Advocate General Jean Pierre Warner and EC Competition Law

Part III: Some fundamental concepts of Community Law and the Opinions of Advocates General

8: The Advocates General and the Development of the Principle of Direct Effect

9: The Contribution of Advocates General to the Development of the Principle of State Liability in the European Community's Legal Order

10: The Advocates General and the Concept of Citizenship

11: Conclusion

Noreen Burrows, Jean Monnet Professor of European Law, University of Glasgow, and Rosa Greaves, Professor of Law, University of Glasgow

"This book is a welcome addition to academic literature...the topical approach chosen by the authors has lead to an interesting study, both from a substantive and from an institutional law perspective." - Silvia Romein, European Foreign Affairs Review, 13

"The book provides a meritorious basis for future work and can be applauded for bravely encouraging discussion of the controversial and topical issue of the future of the Advocate General as an institution. Anyone undertaking further research in this field will find much to learn from the analytical work of Burrows and Greaves." - King's Law Journal