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Continuity and Change in EU Law:Essays in Honour of Sir Francis Jacobs '08

Arnull, Anthony, Eeckhout, Piet, Tridimas, Takis 　編

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発行年月	2008年03月
出版社／提供元	Oxford University Press
出版国	イギリス
言語	英語
媒体	冊子
装丁	hardcover
ページ数／巻数	546 p., frontispiece
ジャンル	洋書／社会科学／法学／ＥＵ法
ISBN	9780199219032
商品コード	0200707158
国件名	EU
新刊案内掲載月	2007年05月
商品URL	https://kw.maruzen.co.jp/ims/itemDetail.html?itmCd=0200707158

内容

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.

Foreword; PREFACE; LIST OF CONTRIBUTORS; TABLE OF ABBREVIATIONS; PART I:INSTITUTIONAL QUESTIONS; 1. The Functioning of the Court of Justice in anEnlarged Union and the Future of the Court; 2. The Changing Role of theAdvocate General; 3. The Court of the First Instance, its Development andFuture Role in the Legal Architecture of the European Union; 4. Litigation inLuxembourg and the Role of the Advocate at the Court of Justice; 5. LocusStandi of individuals under Article 230(4): The Return of Euridice?; 6. TheEFTA Court, the ECJ and the Latter's Advocates General - A Tale of JudicialDialogue; PART II: FUNDAMENTAL RIGHTS; 7. The Role of the ECJ in theProtection of Fundamental Rights; 8. The Strasboug Perspective and its Effecton the Court of Justice: Is Mutual Respect Enough?; 9. The EU Charter ofFundamental Rights, Not Binding but Influential: the Example of GoodAdministration; 10. Administrative Justice and Standards of SubstantiveJudicial Review; PART III: INTERNAL MARKET AND ECONOMIC AND MONETARY UNION;11. The Definition of Measure Having Equivalent Effect; 12. The Concept ofAbuse in the Freedom of Establishment of Companies: A Case of DoubleStandards?; 13. Recurring Cycles in the Internal Market: Some Reflections onthe Free Movement of Services; 14. Continuity and Change in the Law Relatingto Services; 15. The Financial Services Single Market and the InterfaceBetween Community Law and Domestic Law; 16. Equal before the Law? Not if youWant to Register a Trade Mark; 17. The Evolution of Economic and MonetaryUnion - Some Legal Issues; PART 4: EXTERNAL RELATIONS; 18. A Panorama of TwoDecades of EU External Relations Law; 19. Multilevel Constitutionalism andJudicial Protection of Freedom and Justice in the International Economic Lawof the EC; 20. Dual-use Goods: (Mis)Understanding Werner and Leifer; 21.Direct Effect of Treaties in the US and EU, the Case of the WTO: SomePerceptions and Proposals; PART 5: GENERAL ISSUES; 22. The European Court,the Brussels Convention / Regulation and the Establishment of an EfficientSystem for International Litigation in Europe; 23. About Rules andPrinciples, Codification and Legislation, Harmonization and Convergence, andEducation in the Area of Contract Law; 24. The Americanization of EU LawScholarship; 25. The Effect of EU Law on the Italian Courts; 26. The Effectof European Community Law on Irish Law and the Irish Constitution; INDEX

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