Shaping EU Law the British Way

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).

• AcknowledgementsGraham Butler and Adam LazowskiForewordAnthony M. CollinsIntroductionGraham Butler and Adam LazowskiPART I: SETTING THE SCENE1. Let’s Take the Canvass Out: Advocates General at the Court of Justice of the European Union Graham Butler and Adam Lazowski2. Framing Exercises: The Role of the Advocates General Mitchel de S-O-l’E Lasser3. Shaping EU Law: Ireland and the Common Law in Europe Nial Fennelly4. Culture Clash? The UK Tradition of Open Justice and the Court of Justice of the European UnionAidan O’Neill5. The History and Biographies of the UK Advocates General Vera FritzPART 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 Fahey7. 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 Weatherill8. 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 Butler9. Equivalence and Effectiveness in the Enforcement of EU Rights: Opinion of Advocate General Warner in Rewe Alan Dashwood10. Previous Criminal Convictions and Public Policy Exceptions: Opinion of Advocate General Warner in Bouchereau Christa Tobler11. Rights of Undertakings in EU Antidumping Proceedings: Opinion of Advocate General Warner in Bearings I Rosa Greaves12. Free Movement of Goods and the Public Morality Exception: Opinion of Advocate General Warner in Henn and Darby Adam Cygan13. An Expedient of Proceedings: Opinion of Advocate General Warner in Foglia v Novello I Kieran Bradley14. Legal Professional Privilege in EU Competition Law: Opinions of Advocates General Warner and Slynn in AM&S Europe James FlynnPART 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 IIDaniel Sarmiento16. The Intrinsic Value of Part-time Work in the Construction of the Internal Market: Opinion of Advocate General Slynn in LevinJeff Kenner17. Free Movement of Goods and the Public Security Exception: Opinion of Advocate General Slynn in Campus Oil Graham Butler18. Ants Working Hard, and the Free Movement of Legal Services as Professional Activities: Opinion of Advocate General Slynn in KloppTakis Tridimas19. Blurring the Boundaries of the Free Movement of Goods: Opinion of Advocate General Slynn in CinéthèqueEleanor Spaventa20. Formal-Style Reasoning and its Progeny: Opinion of Advocate General Slynn in Marshall IJohn Cotter21. Free Movement of Goods and Double Standards in Public Morality: Opinion of Advocate General Slynn in ConegateLaurence W Gormley22. To Beer, Or Not to Beer? That is the Public Health Question: Opinion of Advocate General Slynn in Commission v Germany (Beer Purity)Steve TerrettPART 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 WhishPART 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 IIDavid T Keeling25. ‘Civis Europeus Sum’, Thirty Years On: Opinion of Advocate General Jacobs in KonstantinidisDimitry Kochenov26. Don’t Let Them Steal Our Music Away: Opinion of Advocate General Jacobs in the Legal Duet of Phil Collins and Cliff RichardAdam Lazowski27. The Relationship between the Action for Annulment and Preliminary Reference Procedures: Opinion of Advocate General Jacobs in TWDAngela Ward and Graham Butler28. 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 Baere29. Effective Judicial Protection of EU Rights before National Courts: Opinion of Advocate General Jacobs in Van SchijndelAndrea Biondi30. The Meeting of International Sanctions and European Human Rights: Opinion of Advocate General Jacobs in BosphorusPiet Eeckhout31. The Game Over the Boards: Opinion of Advocate General Jacobs in AlbanyCarl Baudenbacher32. The Virtue of Moderation: Opinions of Advocate General Jacobs in Oscar Bronner and PreussenElektraLuca Rubini33. Protecting the Rights of Individuals: Opinion of Advocate General Jacobs in UPAAnthony Arnull34. Breaking New Ground on EU Fundamental Rights: Opinions of Advocate General Jacobs in Wachauf and SchmidbergerPeter Oliver35. Restrictions on Advertising and the Free Movement of Goods and Services: Opinions of Advocate General Jacobs in Leclerc-Siplec, De Agostini, and GourmetStefan Enchelmaier36. Achtung Baby! Objectives of International Agreements Matter: Opinion of Advocate General Jacobs in Pokrzeptowicz-MeyerAnna LabedzkaPART 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 HeinrichHelen Xanthaki and Adam Lazowski38. The Inconvenience of Names: Opinion of Advocate General Sharpston in Grunkin and PaulAdrienne Yong39. Legislation, Interpretation, and Equal Treatment: Opinion of Advocate General Sharpston in SturgeonPaul Craig40. ‘When Citizens Move, They Do So as Human Beings, Not as Robots’: Opinion of Advocate General Sharpston in Ruiz ZambranoNiamh Nic Shuibhne41. Access to Administrative and Judicial Review in Public Interest Litigation: Opinion of Advocate General Sharpston in Slovak BearsTheodore Konstadinides42. The Notion of ‘Court or Tribunal of a Member State’: Opinion of Advocate General Sharpston in MilesTamara Capeta43. Mutual Recognition, Mutual Trust, and EU Criminal Law: Opinion of Advocate General Sharpston in RaduValsamis Mitsilegas44. Discrimination on Grounds of Religion or Belief and Neutrality Requirements: Opinion of Advocate General Sharpston in BougnaouiRonan McCrea45. EU Competence to Conclude Trade Agreements: Opinion of Advocate General Sharpston in Opinion 2/15Panos Koutrakos46. Horizontal Direct Effect of Directives Reconsidered: Opinion of Advocate General Sharpston in Farrell IIEleni Frantziou47. The Rule of Law, Sincere Cooperation between Member States, and Solidarity: Opinion of Advocate General Sharpston in Temporary RelocationMichael-James Clifton48. Homophobic Speech and its Prohibition under EU Anti-discrimination Law: Opinion of Advocate General Sharpston in NHAlina Tryfonidou49. The Right to a Tribunal Established by Law: Opinion of Advocate General Sharpston in Simpson and HGSébastien PlatonPART VII: AFTERWORDS50. Reflections of an Advocate General: 1988–2006 Francis G Jacobs51. Reflections of a Judge Acting as Advocate General in the Court of First Instance: 1990–1992David Edward52. ‘Can’t Those European Judges Think for Themselves?’ An Afterword on Why the Court (Still) Needs its Advocates GeneralEleanor SharpstonPART VIII: EU LAW WITHOUT UK ADVOCATES GENERAL53. Neither Advocates, Nor Generals: The UK Advocates General and the Shaping of EU LawGraham Butler and Adam Lazowski

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