By Philip Moser, Katrine Sawyer, Christopher Bellamy
ISBN-10: 1847201377
ISBN-13: 9781847201379
ISBN-10: 1848441436
ISBN-13: 9781848441439
The inspirational rules of recommend normal Francis Jacobs were drawn jointly the following for the 1st time in a single quantity. Fifteen major european legislations practitioners and lecturers have contributed, together with either Sir Francis' predecessor and his successor, protecting subject matters of present dialogue during this always evolving box. each one contributor offers with a discrete subject of ecu legislations and discusses its evolution to this point, its present nation and its destiny improvement, continually with particular connection with Sir Francis' reviews. protecting a various diversity of european legislations subject matters, this publication may be of significant curiosity to someone looking a better perception into the workings of the eu courtroom of Justice and the position of the suggest basic, and likewise for somebody excited by the tutorial examine of european legislations or training and litigating within the box. "Making neighborhood legislations" should still supply a wealthy treasury of principles, explaining either the present kingdom of european jurisprudence in addition to contemplating the subsequent steps within the making of european legislations.
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Additional info for Making Community Law: The Legacy of Advocate General Jacobs at the European Court of Justice
Example text
Moody-Stuart and D. Keeling, Kerly’s Law of Trade Marks and Trade Names (London: Sweet & Maxwell, 14th edn, 2005). 37 In the case of the ECJ this would mean a ‘declaration of self-restraint’ that would not lead to a decision of inadmissibility but would be couched in terms of a nonspecific reply to the referring court's questions, merely recalling the principles and rules of interpretation developed by the previous case-law, and leaving it to the national court to decide the particular issue with which it is confronted (opinion, para.
G. ), order 30 March 2006; but cf. the ECJ’s recent permissive use of UPA in its reliance upon effective judicial protection of rights derived from the Community legal order and Articles 6 and 13 of the ECHR in Case C-229/05 P PKK and KNK v Council, judgment 18 January 2007, paras 109 following. 30 Speaking at the UKAEL conference, held at Middle Temple, London, 30 June 2006. 31 As Tridimas and Poli point out, this is a chapter in the development of the jurisprudence of the Court that may not be closed, albeit that the narrow interpretation of ‘individual concern’ in UPA and Jégo-Quéré continues to apply.
In some Member States the courts of last instance may decide tens of thousands of cases a year; in another Member State – the United Kingdom – the court which is for most purposes the sole court of last instance – the House of Lords – may decide fewer than one hundred cases a year. A vastly greater number of references will therefore come from some Member States than from others. 41 In recent years, Sir Francis has been concerned that the enlargement of the European Union will ultimately lead to a greatly increased number of references, with the possibility that the time taken for the Court’s judgments to be handed down would be increased further, thus reducing the willingness of national courts to make references.
Making Community Law: The Legacy of Advocate General Jacobs at the European Court of Justice by Philip Moser, Katrine Sawyer, Christopher Bellamy
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