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Author: Philip Moser
Publisher: Edward Elgar Publishing
ISBN: 1848441436
Category : Law
Languages : en
Pages : 301
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Book Description
This aptly-titled book, describing Sir Francis Jacobs career as one of the ECJ s longest-serving Advocates General, also offers a unique insight into the Court s judge-made law . The contributors, all pre-eminent in their respective fields, show how a widely-respected advocate-general can, through the intellectual force of his opinions, not only recommend, guide and warn the Court, but even on occasion persuade it to reverse its earlier case-law. Essential reading for those who need to understand the Court s internal dynamics. Judge Nicholas Forwood, Court of First Instance of the European Communities Second longest serving Advocate General at the European Court of Justice; 574 Opinions to his name. This excellent book is an unqualified acknowledgement of Francis Jacobs towering influence in the world of Community law. But it is much more than a festschrift, though it is certainly that. It is a collection of scholarly essays, of real value to academics and practitioners alike, by some of our foremost European lawyers: a textbook as well as a celebration. The Rt Hon Lord Justice Laws, Royal Courts of Justice, UK This is a readable book which will help parties and the court to solve problems. Counsel and solicitors in cases involving European Law should use it to help them give clear advice and make clear submissions with a prospect of success. For my part, I shall now re-read one of the chapters, and the Jacobs opinions referred to in it, in order to stimulate my mind on what I trust will as a result become a clearer judgment. The Rt Hon Sir Konrad Schiemann, Judge of the Court of Justice of the European Communities The inspirational ideas of Advocate General Francis Jacobs have been drawn together here for the first time in one volume. Fifteen leading EU law practitioners and academics have contributed, including both Sir Francis s predecessor and his successor, covering topics of current discussion in this continually evolving field. Each contributor deals with a discrete topic of EU law and discusses its evolution to date, its current state and its future development, always with specific reference to Sir Francis s opinions. Covering a diverse range of EU law topics, this book will be of great interest to anyone seeking a greater 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.
Author: Philip Moser
Publisher: Edward Elgar Publishing
ISBN: 1848441436
Category : Law
Languages : en
Pages : 301
Get Book Here
Book Description
This aptly-titled book, describing Sir Francis Jacobs career as one of the ECJ s longest-serving Advocates General, also offers a unique insight into the Court s judge-made law . The contributors, all pre-eminent in their respective fields, show how a widely-respected advocate-general can, through the intellectual force of his opinions, not only recommend, guide and warn the Court, but even on occasion persuade it to reverse its earlier case-law. Essential reading for those who need to understand the Court s internal dynamics. Judge Nicholas Forwood, Court of First Instance of the European Communities Second longest serving Advocate General at the European Court of Justice; 574 Opinions to his name. This excellent book is an unqualified acknowledgement of Francis Jacobs towering influence in the world of Community law. But it is much more than a festschrift, though it is certainly that. It is a collection of scholarly essays, of real value to academics and practitioners alike, by some of our foremost European lawyers: a textbook as well as a celebration. The Rt Hon Lord Justice Laws, Royal Courts of Justice, UK This is a readable book which will help parties and the court to solve problems. Counsel and solicitors in cases involving European Law should use it to help them give clear advice and make clear submissions with a prospect of success. For my part, I shall now re-read one of the chapters, and the Jacobs opinions referred to in it, in order to stimulate my mind on what I trust will as a result become a clearer judgment. The Rt Hon Sir Konrad Schiemann, Judge of the Court of Justice of the European Communities The inspirational ideas of Advocate General Francis Jacobs have been drawn together here for the first time in one volume. Fifteen leading EU law practitioners and academics have contributed, including both Sir Francis s predecessor and his successor, covering topics of current discussion in this continually evolving field. Each contributor deals with a discrete topic of EU law and discusses its evolution to date, its current state and its future development, always with specific reference to Sir Francis s opinions. Covering a diverse range of EU law topics, this book will be of great interest to anyone seeking a greater 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.
Author: Linda Senden
Publisher: Hart Publishing
ISBN: 1841134325
Category : Law
Languages : en
Pages : 590
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Book Description
This book offers the first systematic investigation of soft law within the framework of the EC and its use by the European Commission and Council of Ministers.
Author: Alexander Türk
Publisher: Kluwer Law International B.V.
ISBN: 9041124721
Category : Law
Languages : en
Pages : 294
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Book Description
A notable trend in recent scholarship on the nature of the European Union and its democratic legitimacy focuses on the concept of `legislation and its employment within the European Community's legal system. In this remarkable work of synthesis, Alexander Tandürk exposes and elucidates the underlying uncertainty as to the meaning of the term, and even its legitimate use, within the Community's legal order. He arrives at a clear evaluation of the extent to which the concept of legislation can be applied in the EC through a comparative analysis of the British, French, and German constitutional systems, and proceeds to reveal and highlight aspects of the concept of legislation derived from this analysis appearing in areas of EC law. A number of crucially significant insights emerge, among them the following: the distinction between `legislation in form' and `legislation in substance'; defining the addressee of Community acts; judicial determination of the general application of an act; the relevance of the EU's system of functional (rather than personal) representation; and the co-decision and assent procedures of the EU institutions as `legislation in form. All those interested in the nature of the EC legal system and the state of its development will find this study richly rewarding. Building rigorously on detailed analysis of EC case law and on prior scholarship, the book shows the way to a new understanding of the relevance of the concept of legislation to the solution of some of the EU's most pressing legal issues.
Author: Klaus-Dieter Borchardt
Publisher: Luxembourg : Office for Official Publications of the European Communities
ISBN:
Category : Law
Languages : en
Pages : 78
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Book Description
Author: Emmanuel Ugirashebuja
Publisher: BRILL
ISBN: 9004322078
Category : Law
Languages : en
Pages : 553
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Book Description
East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.
Author: Trevor C. Hartley
Publisher: Oxford University Press, USA
ISBN: 0199290350
Category : Law
Languages : en
Pages : 536
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Book Description
Recoge: 1.Communnity institutions - 2.The community legal system - 3.Community law and the member states - 4.Administrative law.
Author: Carlos Jiménez Piernas
Publisher: Martinus Nijhoff Publishers
ISBN: 9004154264
Category : Law
Languages : en
Pages : 706
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Book Description
This work offers a Spanish perspective on contemporary practice in international law and European Community law by genuine practitioners such as registrars, judges and magistrates serving on national and international courts, as well as advocates practicing in these courts, senior international officials, government advisers and academics. In five parts this book deals with the practice in international courts; practice in international organizations; the European Community practice and; Spanish practice in matters of public and private international law. The last part contains an article on evidence in international practice and a general overview for further research. The book offers a very useful insight in matters otherwise available in Spanish, such as the applications against Spain lodged with the European Court of Human Rights, a comparison between the Spanish Constitutional Court and the Court of Justice of the European Communities, public international law before Spanish domestic courts and the Spanish practice on investment treaties.
Author: Elspeth Berry
Publisher: Oxford University Press, USA
ISBN: 019883621X
Category : Law
Languages : en
Pages : 757
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Book Description
A modern approach to the institutional and substantive law of the EU. It provides a comprehensive introduction and combines a popular text, cases, and materials format with a range of supportive learning features.
Author: Alison McDonnell
Publisher: Kluwer Law International B.V.
ISBN: 9041123261
Category : Law
Languages : en
Pages : 390
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Book Description
In this important book eighteen of Europe's most respected jurists and legal scholars look at long-term developments in Community and Union law with a view to shedding light on the current situation and pointing out lessons for the future. They consider major Community law themes as they have developed over the past four decades in institutional and substantive contexts, as well as in such newer areas of development as external relations, economic and monetary union, and the Third Pillar. Starting from the absolute centrality of the Common Market to the European Community enterprise, the authors provide many reminders of how the current situation evolved. Their detailed root analyses of past experiences explore origins, patterns, and implications from the initial concept of market access, through laws relating to individual rights, to such complexities as the 'bottom-up' emergence of constitutional principles. They show that, whether we will in fact soon see a European constitution or not, there is little doubt today that EC law is undergoing what may be best understood as a process of constitutionalization. Seventeen insightful essays give deeper meaning to many events, principles, and issues which have had far-reaching implications for European integration, including the following: the crucial principles made clear by the ECJ in Van Gend andamp; Loos in 1963; the place of fundamental rights in a supranational legal order; tensions to be resolved through political and legal means; exclusive, shared and supporting competences; the gradual rise of principles such as subsidiarity and proportionality; the precautionary principle; the legitimacy and authority of the ECJ; the extent to which fundamental freedoms have become fundamental rights; the procedural rules of European competition policy enforcement; state aid under EC Treaty Article 87(1); the case for harmonization of private law; social policy and equal treatment; institutional balance; the EU as global actor; the evolution of the EU Charter of Fundamental Rights; and the Constitutional Treaty. ; ; ; ; The European Union is a dynamic legal order, and continues to face myriad challenges and dilemmas as it expands its membership and considers a European constitution. This concentrated summary of the most important issues in forty years of legal developments reveals both the lasting triumphs along the way and the gaps that require urgent attention if the legitimacy of the Union is not to be impaired. Participants in European law and government, from citizens and students to the highest levels of policy making, will find here an invaluable resource for the future and much food for thought. These articles were first presented at a conference held at the end of 2003 to mark the 40th anniversary of the Common Market Law Review, and were originally published in a special issue of the Review.
Author: Andrew Oppenheimer
Publisher: Cambridge University Press
ISBN: 9780521472968
Category : Law
Languages : en
Pages : 1042
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Book Description
This is the first comprehensive collection of court decisions dealing exclusively with the relationship between European Community law and the national laws of the Member States. It contains 90 decisions given between 1962 and 1993 by both the Community's Court of Justice (20 cases) and the courts of the 12 Member States (70 cases). The volume includes the recent decisions of national courts concerning the Maastricht Treaty. Key recurring topics of the decisions are the supremacy and direct effect of Community law, its impact on national sovereignty and constitutional rights, and the remedies available before national courts for its enforcement. All the texts are presented in English, having been translated wherever necessary. Each decision is preceded by a concise summary and key-word heading. The volume also includes a systematic introduction, digest of key-word headings, table of cases, and detailed index.
