Making European Community Law: The Legacy of Advocate General Francis Jacobs at the Ecj

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Covering a diverse range of EU law topics, this book will be of great 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.

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Product Details

  • ISBN-13: 9781847201379
  • Publisher: Elgar, Edward Publishing, Inc.
  • Publication date: 7/30/2008
  • Pages: 304
  • Product dimensions: 6.20 (w) x 9.20 (h) x 1.00 (d)

Table of Contents

Foreword Christopher Bellamy Bellamy, Christopher

Preface The Lord Slynn of Hadley

Table of cases

Introduction Philip Moser Moser, Philip Katrine Sawyer Sawyer, Katrine 1

1 A consumer's appreciation of the contribution of Advocate General Francis Jacobs to the shaping of the EC's legal order Stephen Weatherill Weatherill, Stephen 28

2 Fundamental rights Paul Craig Craig, Paul 54

3 Locus standi of individuals under Article 230(4): the return of Euridice? Takis Tridimas Tridimas, Takis Sara Poli Poli, Sara 77

4 Links with national courts John Mummery Mummery, John 100

5 Competition law Richard Whish Whish, Richard 115

6 Free movement of goods and services Catherine Barnard Barnard, Catherine 132

7 Citizenship of the Union Eleanor Sharpston Sharpston, Eleanor 167

8 External relations Richard Plender Plender, Richard 184

9 Intellectual property Christopher Morcom Morcom, Christopher 207

10 Temporal limitation in EU law David Vaughan Vaughan, David 218

Postscript Anthony Arnull Arnull, Anthony 228

Annex 235

Index 265

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  • Anonymous

    Posted July 21, 2008


    The exploratory and creative work of Sir Francis Jacobs: Francis Jacobs will clearly be seen as one of the founding fathers of modern EU jurisprudence with his 574 Opinions set out in order at the Annex to this splendid compilation of views edited by Philip Moser and Katrine Sawyer. There are ten highly distinguished appreciations from sixteen of the most prominent names associated with the development of EU Law in practice and in the academic world. The book will be seen as a piece of history of the early days of European law-making done in a warm, friendly and at times jolly manner from the conference in 2006 where this book was born (the United Kingdom Association of European Law), and where Lord Slynn pays tribute to the quality of Jacobs¿ opinions and their jurisprudential correctness in his thoughtful preface. When I was a law student, I did not really understand the role of the Advocate General properly so the book is a good reminder of the role to me many years later. The job Jacobs did was to provide independent and impartial opinion once the parties had completed their submissions but before the judges had begun their deliberations in a particular matter. Like everything in the EU, it takes time up but this concept and method of creating community law is a new way (to some) to look at legal problems and assess the correct outcomes when one is dealing with such a variety of cultures and customs on the continent. The many diverse fields of community law as it has developed are well explained from freedom of movement of goods and people, to the emerging principles of modern human rights law. The contributors have analysed his legacy well and Slynn sums up much of the compilation when he writes of Jacobs¿ quality of expression both exploratory and creative which ¿may have a longer-term effect on the development of the law than the short-term importance of the immediate disposal of the case¿. How true! The well earned respect of his colleagues places Sir Francis in a special place for the evolution of community law as an ideas man who had to face up to the hard EU cases. Konrad Schiemann comments that he will re-read part of the book to ¿stimulate my mind on what I trust will as a result become a clearer judgment¿ thus illustrating the inspirational tone when it comes to the shaping of the EC/EU legal order (and yes, I am merging community and union here!). I hope one day that those pests who call themselves Euro-sceptic will re-read this work and see the far-reaching consequences of what Advocate General Jacobs created. The book should become essential reading for future law students as the authority of the European Union and its concept of community law develops a firmer design in the first half of this century. This book is a worthy history about a worthy man¿s opinions which will shape the European ideal for decades to come as new lawyers come to grips with the concept of community law and what it means for the jurisprudent. PHILLIP TAYLOR MBE. Barrister-at-Law.

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