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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: Elspeth Berry
Publisher: Oxford University Press, USA
ISBN: 0198725779
Category : Law
Languages : en
Pages : 689
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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: Martin Bartlik
Publisher: Routledge
ISBN: 1351887955
Category : Business & Economics
Languages : en
Pages : 306
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Book Description
On 5 November 2002, the European Court of Justice delivered its 'open-skies' judgment, a landmark decision which may be the beginning of a new era in the regulation of international air law. The consequences of this judgment may not only affect the European Union and its Member States; this book shows how it could change the future regulation of international aviation worldwide. The first part of this book describes the difficulties arising from the fact that the competence for the regulation of air transportation in Europe is divided between the EU and the Member States. This division of power will also affect the conclusion of air-service agreements made with countries outside of Europe. In the second part of the book, the author examines a subject that was not part of the 'open-skies' judgment, but which he believes will become a problematic consequence: the distribution of air-traffic rights within the European Union.
Author: Linda Senden
Publisher: Bloomsbury Publishing
ISBN: 1847311105
Category : Law
Languages : en
Pages : 590
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Book Description
This book offers the first systematic investigation of the phenomenon of soft law within the framework of the EC (the first pillar of the EU),and its use by the European Commission and Council of Ministers. It focusses upon how soft law fits into the Community legal system, and how it is used, and, in particular, how it relates to Community legislation. Differentiation of the Community instruments, including the instruments of soft law, is often thought to enhance the effectiveness, legitimacy and transparency of the Community. This book asks whether soft law indeed provides a satisfactory alternative to legislation from this perspective and, if so, in what cases and under what conditions. Furthermore, the author asks to what extent the use of soft law implies good governance, and throws fresh light on this very heterogenous phenomenon, by looking at frequently used instruments in many different areas of Community law, such as competition law, state aid, environment, social policy etc., in the process identifying their different characteristics, aims, functions and legal effects. What emerges is that the conditions under which soft law is used may be problematic in relation to increasing the legitimacy, effectiveness and transparency of Community action. This is a work which will interest legal practitioners confronted with the use of soft law and the question of its possible legal effect in an increasing number of sectors and academics interested in the vexed question of how the increased use of soft law can be justified in a Community legal order built upon the rule of law. It is also critical of developments taking place within the framework of the European Convention and the proposed European Constitution, and goes beyond the immediate problems of soft law to touch upon issues such as competence, legal protection, division of powers between the EC and the Member States, institutional balance, lawmaking by the Community Courts, the scope of Community legal principles and the influence of soft law on the progressive development of both Community and national law.
Author: Andrew Oppenheimer
Publisher: Cambridge University Press
ISBN: 9780521630986
Category : History
Languages : en
Pages : 748
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Book Description
The second volume of ta collection of court decisions covering the 'constitutional' relationship between the EC and Member States.
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: Nigel Foster
Publisher: Oxford University Press, USA
ISBN: 019885319X
Category : Law
Languages : en
Pages : 245
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Book Description
This essential Q&A study and revision guide contains a variety of model answers and plans to give you the confidence to tackle any essay or problem question, and give you the skills you need to excel in law exams and coursework assignments.
Author: nigel Foster
Publisher: Oxford University Press
ISBN: 0192897969
Category : Law
Languages : en
Pages : 505
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Book Description
Nigel Foster provides a concise and clear explanation of EU law, covering both institutional aspects and key substantive areas, offering an accessible entry point to the subject.
Author: Academy of European Law Staff
Publisher: Kluwer Law International B.V.
ISBN: 9041112006
Category : Law
Languages : en
Pages : 414
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Book Description
The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual Summer Courses in the law of the European Community and the protection of human rights in Europe. In addition to General Courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy makers, judges and persons who have held or currently hold the highest position in these fields. The courses are published in the language in which they were delivered (English and French).
