Continuity And Change In Eu Law: Essays In Honour Of Sir Francis Jacobs

Hardcover | March 27, 2008

EditorAnthony Arnull, Piet Eeckhout, Takis Tridimas

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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-existingEuropean 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 thesingle 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 andthe 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 thenational and European judiciaries, legal practice and the academic world.

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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 momentou...

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 referendaire in the...

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Format:HardcoverDimensions:700 pages, 9.21 × 6.14 × 1.3 inPublished:March 27, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199219036

ISBN - 13:9780199219032

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Table of Contents

Lord Bingham: ForewordPart 1: General issues and institutional questions1. Anthony Arnull: The Americanization of EU Law Scholarship2. Carl Baudenbacher: The EFTA Court and its Relationship with the European Court of Justice3. Judge Nicholas Forwood QC: The Development of the Court of First Instance and its Future Evolution4. Roger Goebel: Enlargement of the EU5. Judge Konrad Schiemann: The Functioning of the Court of Justice in an Enlarged Union and the Future of the Court6. Eleanor Sharpston: The Changing Role of the Advocate General7. Takis Tridimas: Guidance and Outcome in the Preliminary Reference Procedure8. David Vaughan: EU Litigation and the role of the advocate before the ECJPart 2: Fundamental rights9. Jacqueline Dutheil de la Rochere: The Charter of Fundamental Rights10. Jeffrey Jowell: Universal European Values of Good Administration11. Antonio Tizzano: The evolution of the ECJ's approach to fundamental rights12. J.H.H. Weiler: The contribution of ECJ to protection of fundamental rights in the EU13. Robin White: The Strasbourg perspective and its effect on the ECJPart 3: Substantive law14. Andrea Biondi: The access to market concept in the case law on free movement15. David Keeling: Developments in EC Intellectual Property Law16. Sir David Edward and Niamh Nic Shuibhne: Free movement of services17. Vanessa Edwards and Paul Farmer: Freedom of Establishment of Companies18. Lawrence Gormley: The Concept of Measures Having Equivalent Effect to Quantitative Restrictions on Imports under Article 28 EC19. Trevor Hartley: The influence of EU law on private international law20. Eva Lomnicka: Financial services21. Richard Plender QC: Third Pillar issues/Asylum22. John A Usher: The Evolution of the EMU23. Walter Van Gerven: Harmonisation of national contract lawsPart 4: External relations24. Alan Dashwood: Common Foreign and Security Policy25. Piet Eeckhout: Trade and foreign policy26. John Jackson: International trade27. Marc Maresceau: From association to membership28. Ernst-Ulrich Petersmann: Multilevel Judicial Governance and Justice in International Economic LawPart 5: National perspectives29. Sir Christopher Bellamy: The Effect of EC law on UK Competition Law30. The Hon. Mr. Justice Nial Fennelly: The Effect of European Community Law on the Irish Courts and Constitution31. Lord Hoffman: European Influences on the Approach of the English Courts to Questions of Fundamental Rights32. Leif Sevon: The Effect of EU Law on the Finnish Courts33. Lord Slynn: Being a Judge in the Court of Justice and the House of Lords34. Judge Giuseppe Tesauro: The Effect of EU Law on the Italian Courts