Continuity and Change in EU Law
Essays in Honour of Sir Francis Jacobs
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Product details:
- Publisher OUP Oxford
- Date of Publication 27 March 2008
- ISBN 9780199219032
- Binding Hardback
- No. of pages546 pages
- Size 242x163x33 mm
- Weight 973 g
- Language English
- Illustrations frontispiece 0
Categories
Short description:
The last two decades have seen momentous changes to the character of the European Union and its legal order. This volume provides a collection of essays examining the major developments in European Union law over the period. The essays are written in honour of Sir Francis Jacobs, who served as one of the British members of the European Court of Justice from 1988 to 2006. The contributors are distinguished figures drawn from a variety of backgrounds, including the national and European judiciaries, legal practice and the academic world.
MoreLong description:
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.
`This volume of essays...is a fitting tribute to Francis Jacobs career...The quality of the contributions is high... The editors are to be congratulated on bringing together this team of contributors and organising the resulting material in a clear and coherent manner. Sir Francis Jacobs made a lasting and very valuable contribution to the development of EU law, and this is reflected in the essays in this volume.'
Paul Craig, Public Law
Table of Contents:
Foreword
Preface
List of Contributors
Table of Abbreviations
Part I: Institutional Questions
The Functioning of the Court of Justice in an Enlarged Union and the Future of the Court
The Changing Role of the Advocate General
The Court of the First Instance, its Development and Future Role in the Legal Architecture of the European Union
Litigation in Luxembourg and the Role of the Advocate at the Court of Justice
Locus Standi of individuals under Article 230(4): The Return of Euridice?
The EFTA Court, the ECJ and the Latter's Advocates General - A Tale of Judicial Dialogue
Part II: Fundamental Rights
The Role of the ECJ in the Protection of Fundamental Rights
The Strasboug Perspective and its Effect on the Court of Justice: Is Mutual Respect Enough?
The EU Charter of Fundamental Rights, Not Binding but Influential: the Example of Good Administration
Administrative Justice and Standards of Substantive Judicial Review
Part III: Internal Market and Economic and Monetary Union
The Definition of Measure Having Equivalent Effect
The Concept of Abuse in the Freedom of Establishment of Companies: A Case of Double Standards?
Recurring Cycles in the Internal Market: Some Reflections on the Free Movement of Services
Continuity and Change in the Law Relating to Services
The Financial Services Single Market and the Interface Between Community Law and Domestic Law
Equal before the Law? Not if you Want to Register a Trade Mark
The Evolution of Economic and Monetary Union - Some Legal Issues
Part 4: External Relations
A Panorama of Two Decades of EU External Relations Law
Multilevel Constitutionalism and Judicial Protection of Freedom and Justice in the International Economic Law of the EC
Dual-use Goods: (Mis)Understanding Werner and Leifer
Direct Effect of Treaties in the US and EU, the Case of the WTO: Some Perceptions and Proposals
Part 5: General Issues
The European Court, the Brussels Convention / Regulation and the Establishment of an Efficient System for International Litigation in Europe
About Rules and Principles, Codification and Legislation, Harmonization and Convergence, and Education in the Area of Contract Law
The Americanization of EU Law Scholarship
The Effect of EU Law on the Italian Courts
The Effect of European Community Law on Irish Law and the Irish Constitution
Index
