Pursuit of Legal Harmony in a Turbulent Europe

This masterful work brings together the creme de la creme of EU law academics and practitioners in celebration of Eleanor Sharpston, KC. As one of the foremost Advocates General serving the Court of Justice, her opinions shaped various aspects of EU procedural and substantive law. Many of them have quickly become classics ( Zambrano , Sturgeon , Miles , Bougnaoui , and Farell II) and they do and will continue to shape EU law now and for decades to come. Her contribution and legacy is expertly assessed over 6 parts spanning: her career; EU constitutional law; fundamental rights and citizenship; litigation; internal market; and external relations. This is a worthy commentary on a truly remarkable legal legacy.>

Préface
Leading experts from the world of academia and the judiciary comment on the legacy of one of the European Court of Justice's foremost Advocates General: Eleanor Sharpston.

Auteur

Catherine Barnard is Professor of EU Law and Employment Law and Fellow of Trinity College, University of Cambridge, UK.
Adam Lazowski is Professor of EU Law, University of Westminster, UK, Visiting Professor at College of Europe, Natolin, and at Ivan Franko National University in Lviv, Ukraine.
Daniel Sarmiento is Professor of EU and Administrative Law at the University Complutense of Madrid, Spain.

Texte du rabat

This masterful work brings together the crème de la crème of EU law academics and practitioners in celebration of Eleanor Sharpston, KC. As one of the foremost Advocates General serving the Court of Justice, her opinions shaped various aspects of EU procedural and substantive law. Many of them have quickly become classics (Zambrano, Sturgeon, Miles, Bougnaoui, and Farell II) and they do and will continue to shape EU law now and for decades to come. Her contribution and legacy is expertly assessed over 6 parts spanning: her career; EU constitutional law; fundamental rights and citizenship; litigation; internal market; and external relations. This is a worthy commentary on a truly remarkable legal legacy.

Contenu

Preface, Brenda Hale
Acknowledgements, Catherine Barnard, Adam Lazowski and Daniel Sarmiento
List of Contributors
List of Abbreviations
Eleanor Sharpston ? p???µa???, Catherine Barnard, Adam Lazowski and Daniel Sarmiento

PART I: A EUROPEAN LAWYER

1. Leo Sharpston: A European Lawyer, Konrad Schiemann
2. Leo, Legal What ?, Sacha Prechal
3. An Advocate before Advocate General: Eleanor Sharpston at the European Courts, Graham Butler
4. Behind the Scenes at the CJEU in Cabinet Sharpston: Extracts from Letters Home, Doyin Lawunmi

PART II: CONSTITUTIONAL LAW OF THE EUROPEAN UNION

5. Sink or Swim Together: Solidarity between the Member States as a Foundational Principle of the European Union, Koen Lenaerts and Stanislas Adam
6. Article 2 TEU: Determining 'the Parameters of the EU Legal Order and the Duties Incumbent Upon Member States', Niamh Nic Shuibhne
7. The Death Machine: EU Lawlessness Law that Rules, Dimitry V. Kochenov and Sarah Ganty
8. Emergencies and the Rule of Law: The Case of EU Asylum Regulation, Steve Peers
9. Shadows of Europe's Colonial Past as Interwoven in EU Law, Ulla Neergaard
10. Courts and the Protection of Democracy, Miguel Poiares Maduro
11. The Language Regime of the EU: An Analytical Approach, Maria Fletcher and Noreen Burrows
12. A Path Strewn with Difficulties? Article 114 TFEU as a Legal Basis for the Internal Market, Albertina Albors-Llorens
13. Some Reflections on the European Commission's Changing Roles, Eleanor Spaventa

PART III: FUNDAMENTAL RIGHTS AND CITIZENSHIP OF THE EUROPEAN UNION

14. Civic Engineering: The Role of Advocates General in the Divination, Design, and Destiny of EU Citizenship, Charlotte O'Brien
15. The Substance of the Rights Test: Moving a Values-Based Union Forward, Daniel Sarmiento
16. What is the Essence of a Right?, Takis Tridimas
17. Spurious Neutrality, Jo Shaw
18. A Dance of the Veils: The Approach of the Luxembourg and Strasbourg Courts to Religious Dress, Mark Hill KC
19. Laïcité: The Separation of Church and State in France, David Guild
20. Difference and Tolerance in the European Union: Case-law of the Court of Justice Relating to the Discrimination of LGBT Persons, Tamara Capeta
21. Fifty Shades of Ambiguity: Offences against the Person and Bodily Autonomy in English Law, Stephen Terrett
22. Diversity and Gender on European Union Courts, Tamara Periin and Raluca Sbîrnea
23. From Radu to E.D.L. Some Reflections on the Jurisprudence of the CJEU on the Framework Decision on the European Arrest Warrant and Fundamental Rights, Lars Bay Larsen
24. Ne Bis in Idem: Where is the Legal Harmony?, Peter Oliver
25. The Principle of Ne Bis in Idem in EU Law after the Bpost Ruling 'One Menci to Rule them All' or is Competition Law Still Different?, Nicholas Forwood and Matthew Radley

PART IV: LITIGATION IN THE EUROPEAN UNION AND NATIONAL COURTS

26. Advocacy in the Age of Technology, David Edward
27. The Quest for Justice in the European Union, Anthony Arnull
28. La Cour casse mais ne rit pas : Law and Laughter in the Opinions of Advocates General, Michal Bobek
29. A Busy Shepherd of an EU Law Unicorn and Her Toothless Shepherd Dogs, Jan M. Passer
30. Interim Measures and the EU Legal Order, Rosa Greaves
31. The EU Courts' Standard of Review in Antitrust Proceedings (Reflections on Case C-272/09P KME Germany v Commission), Alexander Kornezov
32. Due Process: Where AG Sharpston and Forrester QC Disagreed, Ian Forrester
33. Horizontality of the Charter: Imposing Rights on Individuals or Making Directives Directly Applicable?, Maciej Szpunar
34. The Opinion in Farrell v Whitty (No. 2): Exemplum and Exegesis, Philip Moser KC
35. Throwing the Cat Among Pigeons: From Pabst and Kupferberg to Prohibition of Direct Effect of EU Neighbourhood Agreements, Adam Lazowski

PART V: INTERNAL MARKET OF THE EUROPEAN UNION

36. An Internal Market: Really? A Dog's Perspective, Marc Van der Woude
37. Successes and Challenges of the Internal Market, Catherine Barnard
38. What the European Court Should Have Said: Reflections on Re-writing Keck, Laurence Gormley
39. Re-litigating Football's Transfer System, Stephen Weatherill
40. Procedure and Practice of the Court of Justice of the European Union in the field of Public Procurement, Peter Gjortler
41. Regulating EU Permanent Crises: The Case of State Aid, Andrea Biondi and Oana ?tefan
42. On Trees Going to Court and Ferraris with their Doors Locked Shut: Access to Environmental Justice Through the Aarhus Convention, Geert De Baere
43. Litigation in National and EU Courts: Access to Justice by Environmental Protection Associations in the Context of Article 9 (3) of the Aarhus Convention, Aindrias Ó Caoimh
44. EU Environmental Law and the Importance of Active Legal Work, Elizabeth Fisher

PART VI: EXTERNAL RELATIONS OF THE EUROPEAN UNION

45. Whither are you Going Mixity?, Allan Rosas
46. The Policy Implications of Opinion 2/15, Isabelle van Damme
47. International Agreements Concluded by Member States Prior to their Accession to the EU, Panos Koutrakos
48. Law of Brexit: Case Law of the CJEU on UK-EU Relations, Elaine Fahey
49. The Call of the Running Tide: The Ongoing Assimilation of EU Derived Rights in the UK's Legal Order, Kieron Beal KC, BL
50. Are Ukrainian Courts Ready to Apply EU Law? Reflections from the Inside, Tetyana Komarova