Pursuit of Legal Harmony in a Turbulent Europe

Catherine Barnard is Professor of EU Law and Employment Law and Fellow of Trinity College, University of Cambridge, UK. Adam Lazowski is Professor of EU Law, University of Westminster, UK, Visiting Professor at College of Europe, Natolin, and at Ivan Franko National University in Lviv, Ukraine. Daniel Sarmiento is Professor of EU and Administrative Law at the University Complutense of Madrid, Spain.

As those who work in courts know, facility with the law does not suffice to make a great counsel, expert or judge. It is the personal intellectual treasures which elevate the good to the excellent. Few European lawyers can claim as varied and rich a professional background as Eleanor Sharpston. This compilation of essays pays tribute to her life’s work, all the while shining a light on the intellectual treasures which define her.

• Preface, Brenda HaleAcknowledgements, Catherine Barnard, Adam Lazowski and Daniel SarmientoList of Contributors List of Abbreviations Eleanor Sharpston – ? p???µa???, Catherine Barnard, Adam Lazowski and Daniel SarmientoPART I: A EUROPEAN LAWYER1. Leo Sharpston: A European Lawyer, Konrad Schiemann2. Leo, Legal What …?, Sacha Prechal3. An Advocate before Advocate General: Eleanor Sharpston at the European Courts, Graham Butler4. Behind the Scenes at the CJEU in Cabinet Sharpston: Extracts from Letters Home, Doyin LawunmiPART II: CONSTITUTIONAL LAW OF THE EUROPEAN UNION5. Sink or Swim Together: Solidarity between the Member States as a Foundational Principle of the European Union, Koen Lenaerts and Stanislas Adam6. Article 2 TEU: Determining ‘the Parameters of the EU Legal Order and the Duties Incumbent Upon Member States’, Niamh Nic Shuibhne7. The Death Machine: EU Lawlessness Law that Rules, Dimitry V. Kochenov and Sarah Ganty8. Emergencies and the Rule of Law: The Case of EU Asylum Regulation, Steve Peers9. Shadows of Europe’s Colonial Past as Interwoven in EU Law, Ulla Neergaard10. Courts and the Protection of Democracy, Miguel Poiares Maduro11. The Language Regime of the EU: An Analytical Approach, Maria Fletcher and Noreen Burrows12. A Path Strewn with Difficulties? Article 114 TFEU as a Legal Basis for the Internal Market, Albertina Albors-Llorens13. Some Reflections on the European Commission’s Changing Roles, Eleanor SpaventaPART III: FUNDAMENTAL RIGHTS AND CITIZENSHIP OF THE EUROPEAN UNION14. Civic Engineering: The Role of Advocates General in the Divination, Design, and Destiny of EU Citizenship, Charlotte O’Brien15. The “Substance of the Rights” Test: Moving a Values-Based Union Forward, Daniel Sarmiento16. What is the Essence of a Right?, Takis Tridimas17. Spurious Neutrality, Jo Shaw18. A Dance of the Veils: The Approach of the Luxembourg and Strasbourg Courts to Religious Dress, Mark Hill KC19. Laïcité: The Separation of Church and State in France, David Guild20. Difference and Tolerance in the European Union: Case-law of the Court of Justice Relating to the Discrimination of LGBT Persons, Tamara Capeta21. Fifty Shades of Ambiguity: Offences against the Person and Bodily Autonomy in English Law, Stephen Terrett22. Diversity and Gender on European Union Courts, Tamara Perišin and Raluca Sbîrnea23. From Radu to E.D.L. Some Reflections on the Jurisprudence of the CJEU on the Framework Decision on the European Arrest Warrant and Fundamental Rights, Lars Bay Larsen24. Ne Bis in Idem: Where is the Legal Harmony?, Peter Oliver25. The Principle of Ne Bis in Idem in EU Law after the Bpost Ruling – ‘One Menci to Rule them All’ or is Competition Law Still Different?, Nicholas Forwood and Matthew RadleyPART IV: LITIGATION IN THE EUROPEAN UNION AND NATIONAL COURTS26. Advocacy in the Age of Technology, David Edward27. The Quest for Justice in the European Union, Anthony Arnull28. “La Cour casse mais ne rit pas” : Law and Laughter in the Opinions of Advocates General, Michal Bobek29. A Busy Shepherd of an EU Law Unicorn and Her Toothless Shepherd Dogs, Jan M. Passer30. Interim Measures and the EU Legal Order, Rosa Greaves31. The EU Courts’ Standard of Review in Antitrust Proceedings (Reflections on Case C-272/09P KME Germany v Commission), Alexander Kornezov32. Due Process: Where AG Sharpston and Forrester QC Disagreed, Ian Forrester33. Horizontality of the Charter: Imposing Rights on Individuals or Making Directives Directly Applicable?, Maciej Szpunar34. The Opinion in Farrell v Whitty (No. 2): Exemplum and Exegesis, Philip Moser KC35. Throwing the Cat Among Pigeons: From Pabst and Kupferberg to Prohibition of Direct Effect of EU Neighbourhood Agreements, Adam LazowskiPART V: INTERNAL MARKET OF THE EUROPEAN UNION36. An Internal Market: Really? A Dog’s Perspective, Marc Van der Woude37. Successes and Challenges of the Internal Market, Catherine Barnard38. What the European Court Should Have Said: Reflections on Re-writing Keck, Laurence Gormley39. Re-litigating Football’s Transfer System, Stephen Weatherill40. Procedure and Practice of the Court of Justice of the European Union in the field of Public Procurement, Peter Gjortler41. Regulating EU Permanent Crises: The Case of State Aid, Andrea Biondi and Oana ?tefan42. On Trees Going to Court and Ferraris with their Doors Locked Shut: Access to Environmental Justice Through the Aarhus Convention, Geert De Baere43. Litigation in National and EU Courts: Access to Justice by Environmental Protection Associations in the Context of Article 9 (3) of the Aarhus Convention, Aindrias Ó Caoimh44. EU Environmental Law and the Importance of Active Legal Work, Elizabeth FisherPART VI: EXTERNAL RELATIONS OF THE EUROPEAN UNION45. Whither are you Going Mixity?, Allan Rosas46. The Policy Implications of Opinion 2/15, Isabelle van Damme47. International Agreements Concluded by Member States Prior to their Accession to the EU, Panos Koutrakos48. Law of Brexit: Case Law of the CJEU on UK-EU Relations, Elaine Fahey49. The Call of the Running Tide: The Ongoing Assimilation of EU Derived Rights in the UK’s Legal Order, Kieron Beal KC, BL50. Are Ukrainian Courts Ready to Apply EU Law? Reflections from the Inside, Tetyana Komarova