Continuity and Change in EU Law

Essays in Honour of Sir Francis Jacobs
Erscheinungsjahr 2008
ISBN: 978-0-19-921903-2
Verlag: OUP Oxford

Buch, Englisch, 546 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 980 g

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.

Zielgruppe

Academics studying EU law, lawyers practising in the area, government and EU officials looking to understand recent developments in the field

Autoren/Hrsg.

Arnull, Anthony

Eeckhout, Piet

Tridimas, Takis

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Internationale Beziehungen Europäische Union, Europapolitik
• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Handels-, Wirtschafts- und Gesellschaftsrecht, Währungsrecht
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen

Inhaltsverzeichnis

- 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

Über Autor(innen)

Anthony Arnull is Professor of European Law and Head of the Birmingham Law School at the University of Birmingham. In 1994 he was awarded a Jean Monnet Chair by the European Commission. Professor Arnull is joint Editor of the European Law Review. Professor Arnull worked at the European Court of Justice in Luxembourg as a référendaire in the chambers of Advocate General FG Jacobs. Professor Arnull is the author of The General Principles of EEC Law and the Individual (Leicester University Press, 1990) and The European Union and its Court of Justice (Oxford University Press, 2nd ed, 2006) and a co-author of Wyatt and Dashwood's European Union Law (Sweet & Maxwell, 5th ed, 2006). He is co-editor (with Daniel Wincott) of an interdisciplinary collection of essays entitled Accountability and Legitimacy in the European Union (Oxford University Press, 2002).

Piet Eeckhout has been Professor of European Law at King's College London since 1998, and directs the Centre of European Law. He is an associate academic member of Matrix Chambers, London. He is editor, with Prof Tridimas, of the Yearbook of European Law (Oxford University Press) and is the author of External Relations of the European Union - Legal and Constitutional Foundations (Oxford EC Law Library, Oxford University Press 2004) and of The European Internal Market and International Trade - A Legal Analysis (Oxford University Press 1994).

Takis Tridimas LLB (Athens), LL.M, PhD (Cantab) is the Sir John Lubbock Professor of Banking Law and the Deputy Director of the Centre for Commercial Law Studies. He is also Professor at the Dickinson School of Law of the Pennsylvania State University. He is the author of numerous publications including The General Principles of EU Law (Second Ed., OUP, 2006) and Tridimas and Nebbia (Eds), EU Law for the 21st century: Rethinking the New Legal Order", Hart Publishing, Oxford, 2004. He is the co-editor (with Professor Eeckhout) of the Yearbook of European Law (Oxford University Press), and the general editor of the International Financial Law series (Edward Edgar publishers). He is a Barrister (Middle Temple) at Matrix Chambers and an Advocate (Bar of Athens).