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Catalogue complet

Shaping EU Law the British Way

UK Advocates General at the Court of Justice of the European Union

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&amp;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

Behind every courtroom trial is a judge tasked with making a life-altering decision--this is their "engaging and bracingly honest" (National Catholic Reporter) side of the story Prosecutors and defense attorneys have it easy--all they have to do is to present the evidence and make arguments. It's the judges who have the heavy lift: they are the ones who have to make the ultimate decisions, many of which have profound consequences on the lives of the people standing in front of them. In Tough Cases, called "powerful collection of inside information about some of the most interesting and high-proﬁle cases of our times" by former prosecutor Paul Butler, a remarkable group of judges--from family court to tribal court to the federal bench--pull back the curtain on the most challenging cases of their careers, sharing what it means to bear the weight of justice in cases that shape lives and ignite national debate. These "hard-to-put-down" (starred Library Journal) narratives include landmark rulings such as the Elián González custody case, the emotionally charged Terri Schiavo right-to-die battle, and the prosecution of Scooter Libby. Others unfold far from the public eye but are no less consequential: a tribal court judge navigating cultural tensions, a newly appointed jurist grappling with identity and authority, and a chilling case involving a mother who killed her own children. Relatively few judges have publicly shared the thought processes behind their decision making. Tough Cases makes for "unprecedented" (Greta van Sustren) reading for everyone from armchair attorneys and fans of Law and Order to those actively involved in the legal profession who want insight into the people judging their work.

Judges Tell the Stories of Some of the Hardest Decisions They've Ever Made

Tough Cases

This book offers comparative analyses on issues in lawyer regulation in England and Wales, Japan, Myanmar, New Zealand and Singapore. It will be an invaluable resource for scholars, practitioners and regulators of legal profession.

Regulating Lawyers Through Disciplinary Systems

Elements in Public and Nonprofit Administration

US Presidents have long issued presidential directives to federal agencies to adopt and implement programs to advance presidential priorities, both pursuant to statutes passed by Congress and outside of them. Federal courts from the first presidency established their power of judicial review of such directives, but they have not always exercised that prerogative to restrict wide-ranging assertions of executive power. This examination of judicial decisions analyzes the evolution of federal judicial treatment of presidential directives and the legal bases and principles employed in federal court decisions. This Element assesses the degree to which such decisions have been restrictive or supportive of such presidential directives. A more recent trend toward more restrictive principles is illuminated. Finally, implications for presidential, congressional, and federal agency policymaking are discussed.

Judicial Review of Presidential Directed Action

The Courts and the President

"This review of the Supreme Court's October 2021 Term looks back at the major cases addressed by the Court and provides a valuable focus on the implications of these decisions. Written by Erwin Chemerinsky, Dean of the University of California at Berkeley School of Law, the book takes a neutral tone, neither praising nor criticizing the decisions, and organizes the case essays by topic." --

October Term 2021

A Momentous Year in the Supreme Court

This incisive publication provides guidance on writing and understanding amicus briefs, with practical suggestions on all aspects of the amicus practice.

Answering the Ten Most Important Questions About Amicus Practice, 4th Edition

The Amicus Brief

Student Guides to American Government and Politics

This accessible guide to the U.S. Supreme Court explains the Court's history and authority, its structure and processes, its most important and enduring legal decisions, and its place in the U.S. political system.

A 2018 Pew Research Center poll found that while 78 percent of Democrats and Democratic-leaning independents believed that the Supreme Court should base its decisions on the "modern" meaning of the Constitution, 67 percent of Republicans and Republican-leaning independents asserted that Justices should rely on the Constitution's "original meaning."

The Court often is the final arbiter of polarizing battles that originate in other branches of government. At the same time, however, its structural insulation from Congress, the Presidency, and electoral politics make the Supreme Court-at least in theory-well positioned to rise above the rough-and-tumble of politics. 

This book examines the power of the Supreme Court in America's system of democratic governance in several ways. These include: reviewing debates over whether justices should interpret the Constitution in line with its "original meaning" or in accordance with present-day understandings; exploring the processes and factors that shape how cases are chosen and decided; considering contentious battles over the selection of justices; and examining the impact of the Court on American culture and society.

The Supreme Court

Clarendon Law Series

What do judges actually do? What is the everyday reality of judging in civil matters? What falls under the rubric of judging? Written by a legal academic and former judge, this book offers a cogent and accessible account of what it means to be a judge in senior courts and those dealing with smaller claims. Drawing on judicial experiences and the social sciences, Judging is split into two parts. Part I examines the three fundamental values of judging - independence, impartiality, and integrity - and draws out the implications of these for everyday judging. It covers judicial guidance and codes of practice, structural protections for judges, and the behavioural rules for judges both in and away from court. Part II of the book turns to the legal and policy framework for judging, judgecraft, and judicial decision-making. This includes judicial appointments, work conditions, fact finding, litigants in person, ex tempore decisions, and the influences on decisions. Comprehensive and unique, the book demonstrates that the complex work of a judge extends beyond decision-making to matters such as managing cases, other judges, and judicial systems.

Judging

For the last fifty years, intermediate federal appellate courts have produced "published" and "unpublished" opinions at the discretion of the judge ruling on the case. When an opinion is labelled as published, it is something that all future judges in that jurisdiction must follow, but when a ruling is designated as unpublished, it only resolves the isolated dispute instead of creating a legal precedent. Selective Publication in the U.S. Courts of Appeals compares these two types of opinions to reveal and understand inequalities created by the practice of selective publication.

The Invisible Norm that Perpetuates Inequality

Selective Publication in the U.S. Courts of Appeals

An eye-opening account of how Americans came to revere the Constitution and what this reverence has meant domestically and around the world. Some Americans today worry that the Federal Constitution is ill-equipped to respond to mounting democratic threats and may even exacerbate the worst features of American politics. Yet for as long as anyone can remember, the Constitution has occupied a quasi-mythical status in American political culture, which ties ideals of liberty and equality to assumptions about the inherent goodness of the text's design. The Constitutional Bind explores how a flawed document came to be so glorified and how this has impacted American life. In a pathbreaking retelling of the American experience, Aziz Rana shows that today's reverential constitutional culture is a distinctively twentieth-century phenomenon. Rana connects this widespread idolization to another relatively recent development: the rise of US global dominance. Ultimately, such veneration has had far-reaching consequences: despite offering a unifying language of reform, it has also unleashed an interventionist national security state abroad while undermining the possibility of deeper change at home. Revealing how the current constitutional order was forged over the twentieth century, The Constitutional Bind also sheds light on an array of movement activists--in Black, Indigenous, feminist, labor, and immigrant politics--who struggled to imagine different constitutional horizons. As time passed, these voices of opposition were excised from memory. Today, they offer essential insights.

How Americans Came to Idolize a Document That Fails Them

The Constitutional Bind

New York Times Bestseller"Authoritarian governments abroad have long used legal threats and lawsuits against journalists to cover up their disinformation, corruption, and violence. Now, as master investigative journalist David Enrich reveals, those tactics have arrived in America.” —&nbsp;Ruth Ben-Ghiat, author of&nbsp;StrongmenDavid Enrich, the&nbsp;New York Times&nbsp;Business Investigations Editor and the #1 bestselling author of&nbsp;Dark Towers, produces his most consequential and far-reaching investigation yet: an in-depth exposé of the broad campaign—orchestrated by elite Americans—to silence dissent and protect the powerful.It was a quiet way to announce a revolution: In an obscure 2019 case that the Supreme Court refused to even hear, Justice Clarence Thomas—a key figure in the conservative legal movement—raised the prospect of overturning the legendary New York Times&nbsp;v. Sullivan decision. Though hardly a household name, Sullivan&nbsp;is one of the most consequential free speech decisions, ever. Fundamental to the modern freedom of the press,&nbsp;it&nbsp;has enabled journalists and writers all over the country—from top national publications to revered local newspapers to independent bloggers—to pursue the truth aggressively and hold the wealthy, powerful, and corrupt to account.Thomas’s words were a warning—the public awakening of an idea that had been fomenting on the conservative fringe for years. Now it is going mainstream. From the Florida statehouse to small town New Hampshire to Donald Trump's White House, this movement today consists of some of the world’s richest and most powerful people and companies, who believe they should be above scrutiny and want to silence or delegitimize voices that challenge their supremacy. Indeed, many of the same businessmen, politicians, lawyers, and activists are already weaponizing the legal system with libel law threats to intimidate and punish journalists and others who dare criticize them.In this masterwork of investigative reporting, David Enrich,&nbsp;New York Times&nbsp;Business Investigations Editor, traces the roots and reach of this growing First Amendment threat to our modern democracy. With Trump’s emboldened right-wing coalition committed to demonizing and punishing those who attempt to hold them accountable, Murder the Truth sounds the alarm about the looming war over facts and the rise of authoritarianism, laying bare the stakes of losing our most sacrosanct rights. The result is a story about power in the age of Trump—the way it’s used by those who have it and the lengths to which they will go to avoid it being questioned.Enrich's urgent investigation reveals the hidden architecture of this legal war:<ul><li>The Plot to Kill a Precedent: Go inside the decades-long campaign to overturn New York Times v. Sullivan and dismantle the bedrock of a free press.</li><li>Weaponizing the Legal System: Uncover the tactics used by powerful figures like Donald Trump and secretive billionaires to silence journalists through crippling lawsuits, including the inside story of the infamous Gawker lawsuit.</li><li>Clarence Thomas's Crusade: Trace Justice Clarence Thomas's evolution from a defender of a free press to the intellectual leader of the movement to empower the wealthy to sue their critics into submission.</li><li>The War on Truth: Examine the real-world consequences of legal intimidation, from the chilling effect on investigative reporting to the growing threat of disinformation in America.</li></ul>

Fear, the First Amendment, and a Secret Campaign to Protect the Powerful

Murder the Truth

Modern Studies in European Law

This book explores what judges do and how they perceive their roles in the context of growing dissensus over liberal democracy. Focusing on the European landscape, it asks eighteen judges how they perceive their roles when judicial independence and democracy are under pressure. The book features interviews with judges from various EU and non-EU Member States and courts, complemented by a series of academic commentaries discussing the relationship between law and politics in times of dissensus over liberal democracy. Each narrative reveals unique personal experiences and reflections, shedding light on the role of the judiciary and the rule of law in the face of contemporary challenges. While the book engages with these issues through European narratives, its findings contribute to broader debates beyond Europe and the EU.

Insights from European Judges

Dissensus over Liberal Democracy

Shaping EU Law the British Way

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