By Philip Moser, Katrine Sawyer, Christopher Bellamy
The inspirational principles of suggest common Francis Jacobs were drawn jointly right here for the 1st time in a single quantity. Fifteen major ecu legislation practitioners and lecturers have contributed, together with either Sir Francis' predecessor and his successor, masking subject matters of present dialogue during this constantly evolving box. every one contributor offers with a discrete subject of ecu legislations and discusses its evolution up to now, its present kingdom and its destiny improvement, regularly with particular connection with Sir Francis' critiques. overlaying a various variety of european legislation issues, this booklet may be of serious curiosity to someone looking a better perception into the workings of the ecu court docket of Justice and the position of the recommend normal, and in addition for somebody taken with the educational research of european legislations or working towards and litigating within the box. "Making neighborhood legislation" should still offer a wealthy treasury of rules, explaining either the present kingdom of ecu jurisprudence in addition to contemplating the subsequent steps within the making of ecu 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
24 Several authors return to this theme in subsequent chapters. In Chapter 6 Catherine Barnard sees it as 20 21 22 23 [2000] ECR I-6007, opinion paras 31–35. [2000] ECR I-10997. C-415/04, judgment 9 February 2006. Case C-168/91, Konstantinidis v Stadt Altensteig, Standesamt, and Landratsamt Calw, Ordnungsamt [1993] ECR I-1191. 24 Opinion, para. 46. Introduction 9 an important recognition of the changing attitude towards migrants. 25 Konstantinidis was an example of the ECJ not going as far (or not yet going as far) as its AG.
Introduction 15 was amended in 2005 and introduced, at point 23, an invitation to the referring court that it ‘may, if it considers itself to be in a position to do so, briefly state its view on the answer to be given to the questions referred for a preliminary ruling’. Encouraging referring courts to set out what is, in their view, the answer to their own question is a first step in the direction of establishing the green light procedure and the amendment of the Information Note may be seen as one result of Sir Francis’s contribution to the debate.
Alone amongst the members of any part of the Court, the AG produces a single-authored ruling, without having to have regard (indeed, obliged not to have regard) to the views of any of the other members. By contrast, when the Court comes to give its judgment, it will be a compromise document, produced by up to twenty-seven authors with no dissenting opinions allowed. Inevitably, a judgment produced in this way may sometimes end up as the lowest common denominator; the minimum to which all the members of the collegium could agree.