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

by Arnull, Anthony; Eeckhout, Piet; Tridimas, Takis

• ISBN13: 9780199219032
• ISBN10: 0199219036
• Format: Hardcover
• Copyright: 2008-06-18
• Publisher: Oxford University Press

Summary

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.

Author Biography

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 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

Table of Cases	p. xv
Table of Treaties and Legislation	p. li
List of Abbreviations	p. lxi
List of Contributors	p. lxv
Institutional Questions
The Functioning of the Court of Justice in an Enlarged Union and the Future of the Court	p. 3
The Changing Role of the Advocate General	p. 20
The Court of First Instance, its Development, and Future Role in the Legal Architecture of the European Union	p. 34
Litigating in Luxembourg and the Role of the Advocate at the Court of Justice	p. 48
Locus Standi of Individuals under Article 230(4): The Return of Euridice?	p. 70
The EFTA Court, the ECJ, and the Latter's Advocates General - a Tale of Judicial Dialogue	p. 90
Fundamental Rights
The Role of the ECJ in the Protection of Fundamental Rights	p. 125
The Strasbourg Perspective and its Effect on the Court of Justice: Is Mutual Respect Enough?	p. 139
The EU Charter of Fundamental Rights, Not Binding but Influential: the Example of Good Administration	p. 157
Administrative Justice and Standards of Substantive Judicial Review	p. 172
Internal Market and Economic and Monetary Union
The Definition of Measures Having Equivalent Effect	p. 189
The Concept of Abuse in the Freedom of Establishment of Companies: a Case of Double Standards?	p. 205
Recurring Cycles in the Internal Market: Some Reflections on the Free Movement of Services	p. 228
Continuity and Change in the Law Relating to Services	p. 243
The Financial Services Single Market and the Interface between Community Law and Domestic Law	p. 260
Equal Before the Law? Not if You Want to Register a Trade Mark	p. 283
The Evolution of Economic and Monetary Union - Some Legal Issues	p. 297
External Relations
A Panorama of Two Decades of EU External Relations Law	p. 323
Multilevel Constitutionalism and Judicial Protection of Freedom and Justice in the International Economic Law of the EC	p. 338
Dual-use Goods: (Mis) Understanding Werner and Leifer	p. 354
Direct Effect of Treaties in the US and the EU, the Case of the WTO: Some Perceptions and Proposals	p. 361
General Issues
The European Court, the Brussels Convention/Regulation and the Establishment of an Efficient System for International Litigation in Europe	p. 385
About Rules and Principles, Codification and Legislation, Harmonization and Convergence, and Education in the Area of Contract Law	p. 400
The Americanization of EU Law Scholarship	p. 415
The Effect of EU Law on the Italian Courts	p. 432
The Effect of European Community Law on Irish Law and the Irish Constitution	p. 446
Index	p. 463
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