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A True European: Essays for Judge David Edward

Edited by: Mark Hoskins, William Robinson

ISBN13: 9781841134475
ISBN: 1841134473
Published: January 2004
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £120.00



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Judge David Edward has enjoyed a glittering career. After a substantial, successful period in Scotland, both as a practising advocate and professor of EC law, he was appointed to the Court of First Instance upon its creation in 1989. He was subsequently appointed to the Court of Justice where he has served for many years. This book has been prepared in honour of his retirement from that position in December 2003. The contributions reflect all aspects of Judge Edward's career as a lawyer, both in Scotland and in Luxembourg. In keeping with the respect with which he is held, contributions have been received from eminent members of the Scottish and Luxembourg judiciary, academics and practitioners. Not surprisingly, the main focus is on Community law, with important contributions on competition, institutional, substantive and remedial issues. This book will be an essential addition to the library of anyone with a genuine interest in Community law.

Subjects:
EU Law
Contents:
I Introduction
1.Tales from the Tartan Chambers
Diane Hansen-Ingram
II The Scottish Perspective
2. What Waldemar Saw—A Young German’s View of the Scottish Legal System
Lord Rodger of Earlsferry
3. Justice Seen to be Done
Lord Clyde
4. Unfinished Business
Lord Clarke
5. Devolution and Community Law
Christine Boch
III EU Institutional Issues
6. The Convention and the Court
President of the Court, Judge Rodríguez Iglesias and Julio Baquero Cruz
7. The Judicial Architecture of the European Union—the Challenges of Change
Judge Nicholas Forwood
8. Judge Edward Acting as Advocate General
Professor Rosa Greaves
9. Enlargement of the European Union—the Council Process
Elizabeth Willocks
IV EU Competition Issues
10. Certain Reflections on Recent Judgments Reviewing Commission Merger Control Decisions
President of the Court of First Instance, Judge Vesterdorf
11. The National Courts and the Uniform Application of EC Competition Rules. Preliminary Observations on Council Regulation 1/2003
Judge Sevón
12. The A M & S Judgment
John Temple Lang
13. Collective Dominance—The Contribution of the Community Courts
Mark Clough
14. Some Reflections on Procedure in Competition Cases
Sir Christopher Bellamy QC
V EU Substantive Issues
15. Free Movement and the Environment: Seeing the Wood for the Trees
Imelda Higgins and Marie Demetriou
16. The Dangers of too Much Precaution
Ian Forrester QC
17. Different but (Almost) Equal—The Development of Free Movement Rights Under EU Association, Co-Operation and Accession Agreements
Eleanor Sharpston QC
18. Diplomas and the Recognition of Professional Qualifications in the Case Law of the European Court of Justice
Dr Dieter Kraus
19. The Transformation of the Rome Convention
Richard Plender QC
20. Standard of Review in WTO Law
Professor Claus Dieter Ehlermann and Nicolas Lockhart
VI EU Remedies Issues
21. Approaches to Interpretation in a Plurilingual System
Advocate-General Francis G Jacobs
22. Private Enforcement—A Complete System of Remedies
Anneli Howard and Deok Joo Rhee
23. Article 234: A Few Rough Edges Still
Dr Robert Lane
24. Discretionary References: To Refer or not to Refer?
Mark Hoskins
25. Direct Applicability or Effect
Dr Joxerramon Bengoetxea
26. Du concept de l’effet direct à celui de l’invocabilité au regard de la jurisprudence récente de la Cour de justice
Judge MelchiorWathelet