Noreen Burrows and Rosa Greaves
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199299003
- eISBN:
- 9780191715037
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199299003.001.0001
- Subject:
- Law, EU Law
The prominence of the Advocate General is one of the most distinctive and controversial features of the European Court of Justice. The Advocate General and EC Law is the first comprehensive study of ...
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The prominence of the Advocate General is one of the most distinctive and controversial features of the European Court of Justice. The Advocate General and EC Law is the first comprehensive study of the Advocate General and his role in the development of EC Law. In Part I, the book examines the history of the role, the questions over its future, and the role's importance in the procedures of the Court. In Part II, the book analyses the contribution of some of the most influential Advocates General to the development of specific aspects of Community law, including Francis Jacobs on intellectual property, Walter van Gerven on discrimination, and Jean Pierre Warner on competition procedure. In Part III, the book explores the contributions of a range of Advocates General to specific principles of Community Law, including state liability, direct effect, and the concept of citizenship. This book offers a unique perspective on politics of the European Court of Justice — one of the driving forces behind closer European integration.Less
The prominence of the Advocate General is one of the most distinctive and controversial features of the European Court of Justice. The Advocate General and EC Law is the first comprehensive study of the Advocate General and his role in the development of EC Law. In Part I, the book examines the history of the role, the questions over its future, and the role's importance in the procedures of the Court. In Part II, the book analyses the contribution of some of the most influential Advocates General to the development of specific aspects of Community law, including Francis Jacobs on intellectual property, Walter van Gerven on discrimination, and Jean Pierre Warner on competition procedure. In Part III, the book explores the contributions of a range of Advocates General to specific principles of Community Law, including state liability, direct effect, and the concept of citizenship. This book offers a unique perspective on politics of the European Court of Justice — one of the driving forces behind closer European integration.
Rosa Greaves
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199299003
- eISBN:
- 9780191715037
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199299003.003.0006
- Subject:
- Law, EU Law
This chapter focuses on Advocate General Francis Jacobs and his contributions to intellectual property law. Jacobs was appointed Advocate General in 1988, at a time when the European Project had just ...
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This chapter focuses on Advocate General Francis Jacobs and his contributions to intellectual property law. Jacobs was appointed Advocate General in 1988, at a time when the European Project had just been restarted with the adoption of the Single European Act and the establishment of the Court of First Instance. He retired in December 2005, making him the second longest holder of the office. During his 17 years in office he delivered over 500 Opinions. The chapter begins with a brief resume of the case law on intellectual property rights prior to his appointment; consideration is then given to the Opinions he delivered on the relationship between the EC Treaty rules on competition and free movement and the exercise of intellectual property rights. Finally, the Opinions he delivered in cases where interpretation questions were raised in respect of the Trade Mark Directive and the Trade Mark Regulation are examined.Less
This chapter focuses on Advocate General Francis Jacobs and his contributions to intellectual property law. Jacobs was appointed Advocate General in 1988, at a time when the European Project had just been restarted with the adoption of the Single European Act and the establishment of the Court of First Instance. He retired in December 2005, making him the second longest holder of the office. During his 17 years in office he delivered over 500 Opinions. The chapter begins with a brief resume of the case law on intellectual property rights prior to his appointment; consideration is then given to the Opinions he delivered on the relationship between the EC Treaty rules on competition and free movement and the exercise of intellectual property rights. Finally, the Opinions he delivered in cases where interpretation questions were raised in respect of the Trade Mark Directive and the Trade Mark Regulation are examined.
Takis Tridimas and Sara Poli
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199219032
- eISBN:
- 9780191711862
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199219032.003.0005
- Subject:
- Law, EU Law
Sir Francis Jacobs has been one of the most influential Advocates General in the history of the Court of Justice. He became a member of the Court in October 1988 and served until October 2005, thus ...
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Sir Francis Jacobs has been one of the most influential Advocates General in the history of the Court of Justice. He became a member of the Court in October 1988 and served until October 2005, thus being the second longest-serving Advocate General and one of the longest-serving members of the Court. This chapter examines his contribution on locus standi of individuals under Article 230(4). The contribution of Jacobs AG in this area of law can be traced primarily by reference to his opinions in Extramet, UPA, and, more recently, ARE. The chapter focuses on his opinion in UPA and the resulting trialogue among Jacobs AG, the CFI and the ECJ as it unravelled in UPA and subsequent case law.Less
Sir Francis Jacobs has been one of the most influential Advocates General in the history of the Court of Justice. He became a member of the Court in October 1988 and served until October 2005, thus being the second longest-serving Advocate General and one of the longest-serving members of the Court. This chapter examines his contribution on locus standi of individuals under Article 230(4). The contribution of Jacobs AG in this area of law can be traced primarily by reference to his opinions in Extramet, UPA, and, more recently, ARE. The chapter focuses on his opinion in UPA and the resulting trialogue among Jacobs AG, the CFI and the ECJ as it unravelled in UPA and subsequent case law.
Anthony Arnull, Piet Eeckhout, and Takis Tridimas (eds)
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199219032
- eISBN:
- 9780191711862
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199219032.001.0001
- Subject:
- Law, EU Law
This book 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. This ...
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This book 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. This collection of essays examines 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. The book 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.Less
This book 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. This collection of essays examines 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. The book 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.
Piet Eeckhout
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199219032
- eISBN:
- 9780191711862
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199219032.003.0018
- Subject:
- Law, EU Law
This chapter discusses two decades of external relations law, focusing on continuity and change. It considers the evolving external powers of the EU, where the focus will be on the interaction ...
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This chapter discusses two decades of external relations law, focusing on continuity and change. It considers the evolving external powers of the EU, where the focus will be on the interaction between trade and foreign policy; it then looks at the effects which international agreements and international law produce in EU law. The contributions by Advocate General Jacobs are highlighted.Less
This chapter discusses two decades of external relations law, focusing on continuity and change. It considers the evolving external powers of the EU, where the focus will be on the interaction between trade and foreign policy; it then looks at the effects which international agreements and international law produce in EU law. The contributions by Advocate General Jacobs are highlighted.
Antonio Tizzano
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199219032
- eISBN:
- 9780191711862
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199219032.003.0007
- Subject:
- Law, EU Law
This chapter examines the role of the European Court of Justice in protecting fundamental rights. It shows that the Court's approach in this area developed progressively over several decades and ...
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This chapter examines the role of the European Court of Justice in protecting fundamental rights. It shows that the Court's approach in this area developed progressively over several decades and different phases, through a number of judgments which were as bold as they were far-sighted. It has undertaken a dynamic interpretation of Community law, developing to their full extent principles inherent in the legal order originally created by the Treaties. The Court has carried out its mission and fulfilled its role in a consistent manner.Less
This chapter examines the role of the European Court of Justice in protecting fundamental rights. It shows that the Court's approach in this area developed progressively over several decades and different phases, through a number of judgments which were as bold as they were far-sighted. It has undertaken a dynamic interpretation of Community law, developing to their full extent principles inherent in the legal order originally created by the Treaties. The Court has carried out its mission and fulfilled its role in a consistent manner.
