Shaping EU Law the British Way

Name: Shaping EU Law the British Way | UK Advocates General at the Court of Justice of the European Union
Brand: Hart Publishing
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UK Advocates General at the Court of Justice of the European Union

Graham Butler Adam Lazowski(Editor)

Hart Publishing

Published on 23. May 2024

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Paperback/Softback

696 pages

978-1-5099-5004-1 (ISBN)

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Description

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.

Reviews / Votes

The epistemic richness resulting from the inquiry is one of the main qualities of the book. For this reason alone, the volume will garner well-deserved attention from scholars, practitioners, and students * Common Market Law Review * For almost half a century British Advocates General brought rigour and creativity to the EU's highest court, while explaining its case law to a common law audience. This book analyses their contribution, and reminds us all of what we have lost. * David Anderson QC, Lord Anderson of Ipswich, Brick Court Chambers, and House of Lords * Advocates General are often the unsung heroes of EU law. They think hard and creatively. They write the first draft of the judgment which the courts can then work with - or against. The British Advocates General have contributed a lot to the development of EU law. This book shines an important light on the extraordinary influence. * Catherine Barnard, Professor of European Union Law, University of Cambridge * The jury might still be out deliberating whether there is any distinctly British Way of exercising the role of Advocate General at the Court of Justice. What will nonetheless be obvious to any reader of this book is that selecting brilliant lawyers who did have the privilege of assisting the Court for extended periods of time born fruit, both in terms of enhancing the quality of judicial deliberations of the Court as well as in enabling a Member State to project own ideas, approaches, and legal culture onto the European level. This book is a fitting celebration of that achievement and of a group of remarkable jurists. * Michal Bobek, former Advocate General, Court of Justice of the European Union * 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. * Derrick Wyatt QC, formerly of Brick Court Chambers, Emeritus Professor of Law, University of Oxford *

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Content

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 Cinetheque
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
Sebastien 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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