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

by Anthony Arnull, Piet Eeckhout, Takis Tridimas

Overview

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 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.

Product Details

ISBN-13:	9780199219032
Publisher:	Oxford University Press
Publication date:	06/18/2008
Pages:	700
Product dimensions:	6.30(w) x 9.30(h) x 1.60(d)

About the Author

Anthony Arnull is Professor of European Law and Head of the School of Law 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 is 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).

Table of Contents

Foreword, Lord BinghamPrefaceList of contributorsTable of abbreviationsPart 1: Institutional questions1. The Functioning of the Court of Justice in an Enlarged Union and the Future of the Court, Konrad Schiemann2. The Changing Role of the Advocate General, Carl Baudenbacher3. The Court of First Instance, its Development and Future Role in the Legal Architecture of the European Union, Judge Nicholas Forwood QC4. Litigating in Luxembourg and the Role of the Advocate at the Court of Justice, David Vaughan and Margaret Gray5. Locus standi of individuals under Article 230(4): The Return of Euridice?, Takis Tridimas and Sara Poli6. The EFTA Court, The ECJ and The Latter's Advocates General - A Tale of Judicial Dialogue, Carl BaudenbacherPart II Fundamental Rights7. The Role of the ECJ in the Protection of Fundamental Rights, Antonio Tizzano8. The Strasbourg Perspective and its Effect on the Court of Justice: Is Mutual Respect Enough?, Robin C A White9. The EU Charter of Fundamental Rights, not Binding but Influential: the Example of Good Administration, Jacqueline Dutheil de la Rochère10. Administrative Justice and Standards of Substantive Judicial Review, Jeffrey JowellPart III Internal Market and Economic and Monetary Union11. The Definition of Measures Having Equivalent Effect, Laurence W Gormley12. The Concept of Abuse in the Freedom of Establishment of Companies: A Case of Double Standards?, Vanessa Edwards and Paul Farmer13. Recurring Cycles in the Internal Market: Some Reflections on the Free Movement of Services, Andrea Biondi14. Continuity and Change in the Law Relating to Provision of Services, David Edward and Niamh Nic Shuibhne15. The Financial Services Single Market and the Interface Between Community Law And Domestic Law, Eva Lomnicka16. Equal before the Law? Not if you Want to Register a Trade Mark, David T Keeling17. The Evolution of Economic and Monetary Union - Some Legal Issues, David T Keeling23. Harmonisation of national contract laws, Walter Van GervenPart 4: External relations24. Common Foreign and Security Policy, Alan Dashwood25. Trade and foreign policy, Piet Eeckhout26. International trade, John Jackson27. From association to membership, Marc Maresceau28. Multilevel Judicial Governance and Justice in International Economic Law, Ernst-Ulrich PetersmannPart 5: National perspectives29. The Effect of EC law on UK Competition Law, Sir Christopher Bellamy30. The effect of EU law on national Intellectual Property Law, Bill Cornish31. The Effect of European Community Law on the Irish Courts and Constitution, The Hon. Mr. Justice Nial Fennelly32. European Influences on the Approach of the English Courts to Questions of Fundamental Rights, Lord Hoffman33. The Effect of EU Law on the Finnish Courts, Leif Sévon34. Being a Judge in the Court of Justice and the House of Lords, Lord Slynn35. The Effect of EU Law on the Italian Courts, Judge Giuseppe Tesauro