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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.
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
The Application of EU Law in the New Member States - Brave New
World is a unique volume, providing readers with an in-depth
analysis of EU-related legal developments in the twelve new Member
States of the European Union. As anticipated, the new Member States
have experienced considerable challenges in the transposition and
application of EU law. The first five years have also brought a
series of controversial decisions of constitutional and supreme
courts on the principle of the supremacy of EC law and the position
of third pillar legislation in national legal systems. There is
also a growing body of highly interesting decisions of lower
courts, proving that EU law is slowly making its way and its
effectiveness should not be at risk in the long term. Having passed
the phase of shyness, domestic courts in at least a few of those
countries have already started to send references for the
preliminary rulings to the European Court of Justice. Despite some
early disappointments, the new references are, in most cases,
admissible and very interesting from the substantive point of view.
A purely technocratic approach may immediately lead to a conclusion
that all these efforts are not sufficient and that the newcomers
are underperforming. However, if one takes into account the breadth
of the reforms and changes those countries have undergone in the
past two decades the conclusion may be different. The emerging
picture is quite impressive when economic, political and social
factors are taken into account. The countries of Central and
Eastern Europe, which had managed to escape the brain draining
ruthless Soviet empire, have spent the last twenty years in a deep,
multidimensional transformation. Membership of the European Union
is yet another challenge they are faced with. One should not think
of those countries as children of a lesser God, but rather a Brave
New World negotiating its way in the contemporary Europe. This book
is important reading for academics, practitioners and civil
servants in the EU Member States and candidate countries. Dr Adam
Lazowski is Reader in Law at the School of Law, University of
Westminster, London, UK.
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.
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