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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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