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Abstract:
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.
Contents:
The Functioning of the Court of Justice in an Enlarged Union and the Future of the Court - Konrad Schiemann
The Changing Role of the Advocate General - Eleanor Sharpston
The Court of the First Instance, its Development and Future Role in the Legal Architecture of the European Union - Nicholas Forwood
Litigation in Luxembourg and the Role of the Advocate at the Court of Justice - David Vaughan and Margaret Gray
Locus Standi of individuals under Article 230(4): The Return of Euridice? - Takis Tridimas and Sara Poli
The EFTA Court, the ECJ and the Latter's Advocates General - A Tale of Judicial Dialogue - Carl Baudenbacher
The Role of the ECJ in the Protection of Fundamental Rights - Antonio Tizzano
The Strasboug Perspective and its Effect on the Court of Justice: Is Mutual Respect Enough? - Robin C. A. White
The EU Charter of Fundamental Rights, Not Binding but Influential: the Example of Good Administration - Jacqueline Dutheil de la Rochère
Administrative Justice and Standards of Substantive Judicial Review - Jeffrey Jowell
The Definition of Measure Having Equivalent Effect - Laurence W. Gormley
The Concept of Abuse in the Freedom of Establishment of Companies: A Case of Double Standards? - Vanessa Edwards and Paul Farmer
Recurring Cycles in the Internal Market: Some Reflections on the Free Movement of Services - Andrea Biondi
Continuity and Change in the Law Relating to Services - David Edward and Niamh Nic Shuibhne
The Financial Services Single Market and the Interface Between Community Law and Domestic Law - Eva Lomnicka
Equal before the Law? Not if you Want to Register a Trade Mark - David T Keeling
The Evolution of Economic and Monetary Union - Some Legal Issues - J A Usher
A Panorama of Two Decades of EU External Relations Law - Piet Eeckhout
Multilevel Constitutionalism and Judicial Protection of Freedom and Justice in the International Economic Law of the EC - Ernst-Ulrich Petersmann
Dual-use Goods: (Mis)Understanding Werner and Leifer - Alan Dashwood
Direct Effect of Treaties in the US and EU, the Case of the WTO: Some Perceptions and Proposals - John H Jackson
The European Court, the Brussels Convention / Regulation and the Establishment of an Efficient System for International Litigation in Europe - Trevor C Hartley
About Rules and Principles, Codification and Legislation, Harmonization and Convergence, and Education in the Area of Contract Law - Walter Van Gerven
The Americanization of EU Law Scholarship - Anthony Arnull
The Effect of EU Law on the Italian Courts - Giuseppe Tesauro
The Effect of European Community Law on Irish Law and the Irish Constitution - Nial Fennelly
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