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Shaping EU Law the British Way - UK Advocates General at the Court of Justice of the European Union (Hardcover)
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Shaping EU Law the British Way - UK Advocates General at the Court of Justice of the European Union (Hardcover)
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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.
General
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