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Zusatztext The voice of the EU's apex court is a collective one and on occasion its reasoning suffers as a result. The Advocate General's voice is very much her or his own, and that single clear voice has often enhanced our understanding of the Court's judgments, or even convinced us that the Court has taken a false step. I have always thought that the British were amongst the leading exponents of the Advocate General's art. This book proves me right. Informationen zum Autor Graham Butler is Associate Professor of Law, Aarhus University, Denmark. Adam L azowski is Professor of EU Law, Westminster Law School, University of Westminster, (UK), Visiting Professor at College of Europe (Natolin) and at Ivan Franko National University in Lviv (Ukraine). Klappentext In this book, leading scholars of EU law, judges, and practitioners unpack the judicial reasoning offered by the UK Advocates General in over forty cases at the Court of Justice, which have influenced the shape of EU law. The authors place the Opinions in the wider context of the EU legal order, and mix praise with critique in order to determine the true contribution of the UK Advocates General, before hearing the concluding reflections by the UK Advocates General themselves. 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. Vorwort This book is a critical examination of the impact made by the UK Advocates General at the Court of Justice of the European Union from 1973 to 2020. Zusammenfassung In this book, leading scholars of EU law, judges, and practitioners unpack the judicial reasoning offered by the UK Advocates General in over forty cases at the Court of Justice, which have influenced the shape of EU law. The authors place the Opinions in the wider context of the EU legal order, and mix praise with critique in order to determine the true contribution of the UK Advocates General, before hearing the concluding reflections by the UK Advocates General themselves. 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 Gener...
Vorwort
This book is a critical examination of the impact made by the UK Advocates General at the Court of Justice of the European Union from 1973 to 2020.
Autorentext
Graham Butler is Associate Professor of Law, Aarhus University, Denmark. Adam Lazowski is Professor of EU Law, Westminster Law School, University of Westminster, (UK), Visiting Professor at College of Europe (Natolin) and at Ivan Franko National University in Lviv (Ukraine).
Klappentext
In this book, leading scholars of EU law, judges, and practitioners unpack the judicial reasoning offered by the UK Advocates General in over forty cases at the Court of Justice, which have influenced the shape of EU law. The authors place the Opinions in the wider context of the EU legal order, and mix praise with critique in order to determine the true contribution of the UK Advocates General, before hearing the concluding reflections by the UK Advocates General themselves.
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.
Inhalt
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 (19731981) 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 Publi…