Continuity and Change in EU Law
Essays in Honour of Sir Francis Jacobs
Arnull, Anthony (Editor),
Professor of European Law and Head of the Birmingham Law School, University of Birmingham
Eeckhout, Piet (Editor),
Professor of European Law and Director, Centre of European Law, King's College London
Tridimas, Takis (Editor),
Sir John Lubbock Professor of Banking Law, Centre for Commercial Law Studies, Queen Mary, University of London
Print publication date: 2008
Published to Oxford Scholarship Online: January 2009 Print ISBN-13: 978-0-19-921903-2 doi:10.1093/acprof:oso/9780199219032.001.0001 |
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Abstract:
This book 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. This collection of essays examines 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. The book 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.
Keywords: Sir Francis Jacobs, Advocate General, European Court of Justice, European Union, EU Law, Treaty of Maastricht, Fundamental Rights, Substantive Law, External Relations Law Table of Contents
Preface
1.
The Functioning of the Court of Justice in an Enlarged Union and the Future of the Court
2.
The Changing Role of the Advocate General
3.
The Court of First Instance, its Development, and Future Role in the Legal Architecture of the European Union
4.
Litigating in Luxembourg and the Role of the Advocate at the Court of Justice
5.
Locus Standi of Individuals under Article 230(4): The Return of Euridice?
6.
The EFTA Court, the ECJ, and the Latter's Advocates General – a Tale of Judicial Dialogue
7.
The Role of the ECJ in the Protection of Fundamental Rights
8.
The Strasbourg Perspective and its Effect on the Court of Justice: Is Mutual Respect Enough?
9.
The EU Charter of Fundamental Rights, Not Binding but Influential: the Example of Good Administration
10.
Administrative Justice and Standards of Substantive Judicial Review
11.
The Definition of Measures Having Equivalent Effect
12.
The Concept of Abuse in the Freedom of Establishment of Companies: a Case of Double Standards?
13.
Recurring Cycles in the Internal Market: Some Reflections on the Free Movement of Services
14.
Continuity and Change in the Law Relating to Services
15.
The Financial Services Single Market and the Interface between Community Law and Domestic Law
16.
Equal Before the Law? Not if You Want to Register a Trade Mark
17.
The Evolution of Economic and Monetary Union – Some Legal Issues
18.
A Panorama of Two Decades of EU External Relations Law
19.
Multilevel Constitutionalism and Judicial Protection of Freedom and Justice in the International Economic Law of the EC
20.
Dual-use Goods: (Mis)Understanding Werner and Leifer
21.
Direct Effect of Treaties in the US and the EU, the Case of the WTO: Some Perceptions and Proposals
22.
The European Court, the Brussels Convention/Regulation and the Establishment of an Efficient System for International Litigation in Europe
23.
About Rules and Principles, Codification and Legislation, Harmonization and Convergence, and Education in the Area of Contract Law
24.
The Americanization of EU Law Scholarship
25.
The Effect of EU Law on the Italian Courts
26.
The Effect of European Community Law on Irish Law and the Irish Constitution
Index
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