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Shaping EU Law the British Way: UK Advocates General at the Court of Justice of the European Union

Shaping EU Law the British Way: UK Advocates General at the Court of Justice of the European Union

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509950003
  • 出版时间 November 2022
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509950041

List Price: ¥1,880.00

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  • 描述 
  • 大纲 
  • 详细

    The role of Advocates General at the Court of Justice of the European Union remains notoriously under-researched. With a few notable exceptions, not much ink has been spilled on analysing their contribution to the judicial discourse that emerges from the Court's Palais in Luxembourg. More generally, their impact on the shaping of EU law is only sporadically explored. This book fills the lacunae by offering an in-depth analysis of the way in which the UK Advocates General contributed to development of EU law during 47 years of the UK's membership of the EU.

    During their terms of office, Advocates General Jean-Pierre Warner (1973-1981), Gordon Slynn (1981-1988), Francis Jacobs (1988-2006), and Eleanor Sharpston (2006-2020) delivered over 1400 Opinions. This staggering contribution of the four individuals and their cabinets of legal secretaries was supplemented by an Opinion of a then Judge of the Court of First Instance, David Edward, who was called to act as an Advocate General in two joined cases in what is now the General Court. With the last UK Advocate General departing from the Court of Justice in September 2020, an important era has ended. With this watershed moment, it is apt to take a look back and critically analyse the contribution to development of EU law made by the UK Advocates General, and to elucidate the lasting impact they have had on the nature of EU law.

  • Acknowledgements
    Graham Butler and Adam Lazowski
    Foreword
    Anthony M. Collins
    Introduction
    Graham Butler and Adam Lazowski
    PART I: SETTING THE SCENE
    1. Let's Take the Canvass Out: Advocates General at the Court of Justice of the European Union
    Graham Butler and Adam Lazowski
    2. Framing Exercises: The Role of the Advocates General
    Mitchel de S-O-l'E Lasser
    3. Shaping EU Law: Ireland and the Common Law in Europe
    Nial Fennelly
    4. Culture Clash? The UK Tradition of Open Justice and the Court of Justice of the European Union
    Aidan O'Neill
    5. The History and Biographies of the UK Advocates General
    Vera Fritz
    PART II: JEAN-PIERRE WARNER: THE EARLY DAYS OF COMMUNITY LAW (1973–1981)
    6. Accession to the Communities, and Compensation under the Common Agricultural Policy: Opinion of Advocate General Warner in Ireland v Council
    Elaine Fahey
    7. Horizontal Application of EU Law, Non-discrimination on Grounds of Nationality, and EU Sports Law: Opinion of Advocate General Warner in Walrave and Koch
    Stephen Weatherill
    8. Reconciling the Special Provision on State Monopolies with the General Provisions on the Free Movement of Goods: Opinion of Advocate General Warner in Manghera
    Graham Butler
    9. Equivalence and Effectiveness in the Enforcement of EU Rights: Opinion of Advocate General Warner in Rewe
    Alan Dashwood
    10. Previous Criminal Convictions and Public Policy Exceptions: Opinion of Advocate General Warner in Bouchereau
    Christa Tobler
    11. Rights of Undertakings in EU Antidumping Proceedings: Opinion of Advocate General Warner in Bearings I
    Rosa Greaves
    12. Free Movement of Goods and the Public Morality Exception: Opinion of Advocate General Warner in Henn and Darby
    Adam Cygan
    13. An Expedient of Proceedings: Opinion of Advocate General Warner in Foglia v Novello I
    Kieran Bradley
    14. Legal Professional Privilege in EU Competition Law: Opinions of Advocates General Warner and Slynn in AM&S Europe
    James Flynn
    PART III: GORDON SLYNN: EMBEDDING THE REVOLUTIONARY DOCTRINES (1981–1988)
    15. Artificial Arrangements and References for a Preliminary Ruling: Opinion of Advocate General Slynn in Foglia v Novello II
    Daniel Sarmiento
    16. The Intrinsic Value of Part-time Work in the Construction of the Internal Market: Opinion of Advocate General Slynn in Levin
    Jeff Kenner
    17. Free Movement of Goods and the Public Security Exception: Opinion of Advocate General Slynn in Campus Oil
    Graham Butler
    18. Ants Working Hard, and the Free Movement of Legal Services as Professional Activities: Opinion of Advocate General Slynn in Klopp
    Takis Tridimas
    19. Blurring the Boundaries of the Free Movement of Goods: Opinion of Advocate General Slynn in Cinéthèque
    Eleanor Spaventa
    20. Formal-Style Reasoning and its Progeny: Opinion of Advocate General Slynn in Marshall I
    John Cotter
    21. Free Movement of Goods and Double Standards in Public Morality: Opinion of Advocate General Slynn in Conegate
    Laurence W Gormley
    22. To Beer, Or Not to Beer? That is the Public Health Question: Opinion of Advocate General Slynn in Commission v Germany (Beer Purity)
    Steve Terrett
    PART IV: DAVID EDWARD: JUDGE ACTING AS ADVOCATE GENERAL IN THE COURT OF FIRST INSTANCE (1992)
    23. Powers, Duties, and Responsibilities of the Commission When Dealing with Complaints about Infringements of EU Competition Law: Opinion of Judge Edward Acting as Advocate General in Automec and Asia Motor France
    Richard Whish
    PART V: FRANCIS JACOBS: FROM EUROPEAN COMMUNITIES TO EUROPEAN UNION (1988–2006)
    24. The Rehabilitation of Trade Marks, the Demise of the Doctrine of Common Origin, and the Overruling of Prior Case Law: Opinion of Advocate General Jacobs in HAG II
    David T Keeling
    25. 'Civis Europeus Sum', Thirty Years On: Opinion of Advocate General Jacobs in Konstantinidis
    Dimitry Kochenov
    26. Don't Let Them Steal Our Music Away: Opinion of Advocate General Jacobs in the Legal Duet of Phil Collins and Cliff Richard
    Adam Lazowski
    27. The Relationship between the Action for Annulment and Preliminary Reference Procedures: Opinion of Advocate General Jacobs in TWD
    Angela Ward and Graham Butler
    28. Ulysses Unbound? Political Questions, Judicial Answers, and the Rule of Law in EU Foreign Policy: Opinion of Advocate General Jacobs in Commission v Greece (FYROM)
    Geert De Baere
    29. Effective Judicial Protection of EU Rights before National Courts: Opinion of Advocate General Jacobs in Van Schijndel
    Andrea Biondi
    30. The Meeting of International Sanctions and European Human Rights: Opinion of Advocate General Jacobs in Bosphorus
    Piet Eeckhout
    31. The Game Over the Boards: Opinion of Advocate General Jacobs in Albany
    Carl Baudenbacher
    32. The Virtue of Moderation: Opinions of Advocate General Jacobs in Oscar Bronner and PreussenElektra
    Luca Rubini
    33. Protecting the Rights of Individuals: Opinion of Advocate General Jacobs in UPA
    Anthony Arnull
    34. Breaking New Ground on EU Fundamental Rights: Opinions of Advocate General Jacobs in Wachauf and Schmidberger
    Peter Oliver
    35. Restrictions on Advertising and the Free Movement of Goods and Services: Opinions of Advocate General Jacobs in Leclerc-Siplec, De Agostini, and Gourmet
    Stefan Enchelmaier
    36. Achtung Baby! Objectives of International Agreements Matter: Opinion of Advocate General Jacobs in Pokrzeptowicz-Meyer
    Anna Labedzka
    PART VI: ELEANOR SHARPSTON: THE LEGAL ORDER PRE-AND POST-LISBON (2006–2020)
    37. When Security Trumped the Rule of Law: Opinion of Advocate General Sharpston in Heinrich
    Helen Xanthaki and Adam Lazowski
    38. The Inconvenience of Names: Opinion of Advocate General Sharpston in Grunkin and Paul
    Adrienne Yong
    39. Legislation, Interpretation, and Equal Treatment: Opinion of Advocate General Sharpston in Sturgeon
    Paul Craig
    40. 'When Citizens Move, They Do So as Human Beings, Not as Robots': Opinion of Advocate General Sharpston in Ruiz Zambrano
    Niamh Nic Shuibhne
    41. Access to Administrative and Judicial Review in Public Interest Litigation: Opinion of Advocate General Sharpston in Slovak Bears
    Theodore Konstadinides
    42. The Notion of 'Court or Tribunal of a Member State': Opinion of Advocate General Sharpston in Miles
    Tamara Capeta
    43. Mutual Recognition, Mutual Trust, and EU Criminal Law: Opinion of Advocate General Sharpston in Radu
    Valsamis Mitsilegas
    44. Discrimination on Grounds of Religion or Belief and Neutrality Requirements: Opinion of Advocate General Sharpston in Bougnaoui
    Ronan McCrea
    45. EU Competence to Conclude Trade Agreements: Opinion of Advocate General Sharpston in Opinion 2/15
    Panos Koutrakos
    46. Horizontal Direct Effect of Directives Reconsidered: Opinion of Advocate General Sharpston in Farrell II
    Eleni Frantziou
    47. The Rule of Law, Sincere Cooperation between Member States, and Solidarity: Opinion of Advocate General Sharpston in Temporary Relocation
    Michael-James Clifton
    48. Homophobic Speech and its Prohibition under EU Anti-discrimination Law: Opinion of Advocate General Sharpston in NH
    Alina Tryfonidou
    49. The Right to a Tribunal Established by Law: Opinion of Advocate General Sharpston in Simpson and HG
    Sébastien Platon
    PART VII: AFTERWORDS
    50. Reflections of an Advocate General: 1988–2006
    Francis G Jacobs
    51. Reflections of a Judge Acting as Advocate General in the Court of First Instance: 1990–1992
    David Edward
    52. 'Can't Those European Judges Think for Themselves?' An Afterword on Why the Court (Still) Needs its Advocates General
    Eleanor Sharpston
    PART VIII: EU LAW WITHOUT UK ADVOCATES GENERAL
    53. Neither Advocates, Nor Generals: The UK Advocates General and the Shaping of EU Law
    Graham Butler and Adam Lazowski

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