Adam Lazowski - Böcker

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.

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.

This book fills a gap in the existing literature by providing a thorough assessment of EU regulations as a source of secondary legislation and their application in all twenty-seven Member States. It also explores that application in neighbouring countries. EU regulations are perceived as the strongest and the most effective sources of EU secondary legislation and it is well-established by the Court of Justice of the European Union that their provisions have vertical and horizontal direct effect. Part 1 of this book examines these points, providing a backdrop to the analysis in the remaining chapters. Parts 2 and 3 focus on the national reception of EU regulations in Member States, and in selected neighbouring jurisdictions. Written by leading practitioners and academics, the book offers both a conceptual underpinning to this element of the European Union’s law-making, as well as its practical application.

The European Arrest Warrant (‘EAW’), the cornerstone of European criminal law, is twenty years old.This collection brings together the leading commentators in the field to assess its merits, successes and suggest improvements. Taking a holistic approach, it looks at the EAW from all the different perspectives of its operation. Discussions range from fundamental rights, to constitutional issues and questions of national diversity, and to the external dimension of the EAW. This is an important assessment of the EAW, destined to become the point of reference in the field.

This masterful work brings together the crème de la crème of EU law academics and practitioners in celebration of the life and work of Eleanor Sharpston, KC.As one of the foremost Advocates General serving the Court of Justice, her opinions shaped various aspects of EU procedural and substantive law. Many of them have quickly become classics (Ruiz Zambrano, Sturgeon, Miles, Bougnaoui, and Farrell II) and they will continue to shape EU law for decades to come. Her contribution and legacy is expertly assessed over six parts of this book spanning: her career: EU constitutional law; fundamental rights and citizenship; litigation; internal market; and external relations. This is a worthy commentary on a truly remarkable legal legacy.

This masterful work brings together the crème de la crème of EU law academics and practitioners in celebration of the life and work of Eleanor Sharpston, KC.As one of the foremost Advocates General serving the Court of Justice, her opinions shaped various aspects of EU procedural and substantive law. Many of them have quickly become classics (Ruiz Zambrano, Sturgeon, Miles, Bougnaoui, and Farrell II) and they will continue to shape EU law for decades to come. Her contribution and legacy is expertly assessed over six parts of this book spanning: her career: EU constitutional law; fundamental rights and citizenship; litigation; internal market; and external relations. This is a worthy commentary on a truly remarkable legal legacy.

What was behind a legal life lived in the spotlight? In this extended conversation between Professor Adam Lazowski and Dame Eleanor Sharpston KC, one of the most important European lawyers of her generation, two friends lift the curtain on what was happening backstage.Over nine chapters, they discuss Eleanor’s early life, her university years, and her parallel career at the Bar and in academe. They move on to consider her leading cases in the English courts, which included Brown and Others (Operation Spanner) and the Metric Martyr, before laying out a thoughtful insider’s assessment of her time on the Bench at the Court of Justice of the European Union in Luxembourg. The closing chapter of the book is dedicated to current events, including the rule of law crisis and the future of European integration. A candid, illuminating and often amusing discussion with a transformative European lawyer.

Research Handbook on EU Institutional Law offers a critical look into the European Union: its legal foundations, competences and institutions. It provides an analysis of the EU legal system, its application at the national level and the prevalent role of the Court of Justice. Throughout the course of the Handbook the expert contributors discuss whether the European Union is well equipped for the 21st century and the numerous crises it has to handle. They revisit the call for an EU reform made in the Laeken Conclusions in 2001 to verify if its objectives have been achieved by the Treaty of Lisbon and in daily practice of the EU institutions. The book also delves into the concept of a Europe of different speeds, which - according to some - is inevitable in the EU comprising 28 Member States. Overall, the assessment of the changes introduced by the Lisbon Treaty is positive, even if there are plenty of suggestions for further reforms to re-fit the EU for purpose.Students and scholars will find this original Handbook to be an invaluable resource, particularly due to its focus on topics for future discussion. Researchers and policy-makers will also benefit from the points raised in this book.Contributors include: F. Amtenbrink, M. Avbelj, M. Bobek, S. Blockmans, A.B. Capik, T. Capeta, M. Claes, D. Curtin, A. Cygan, B. de Witte, M. Everson, K. Gutman, M. Hillebrandt, S.L. Kaleda, M. Kuijer, A. Lazowski, J. Mendes, A. Sikora, K. van Duin, E. Vos

Illustrating the legacy of Brexit, this timely Research Handbook provides a comprehensive and coherent analysis of not only the Brexit process within the UK but also what it means for both the UK and the EU within the framework of their future relationship.Bringing together contributions from leading scholars in the field, this Research Handbook considers the ways in which the legal, economic and political uncertainty brought about by Brexit through the upheaval of established norms and values will continue to reverberate for the remainder of the 2020s and beyond. Divided into four parts, it focuses on different aspects of the Brexit process and the EU-UK future relationship, including Brexit’s impact on the political system of the United Kingdom, repatriation of laws and competences and a post-Brexit framework. Above all, it argues that Brexit creates both new challenges and new opportunities for the UK but also for the process of EU integration.The Research Handbook on Legal Aspects of Brexit will be crucial reading for researchers and students in the fields of constitutional and administrative law, European law and politics looking to enhance their understanding of the impact that Brexit will have for both the UK and the EU.