ebook img

Cambridge Yearbook of European Legal Studies. Volume 02, 1999 PDF

578 Pages·2000·1.87 MB·English
Save to my drive
Quick download
Download
Most books are stored in the elastic cloud where traffic is expensive. For this reason, we have a limit on daily download.

Preview Cambridge Yearbook of European Legal Studies. Volume 02, 1999

THE CAMBRIDGE YEARBOOK OF EUROPEAN LEGAL STUDIES Volume 2, 1999 The Cambridge Yearbook of European Legal Studies provides a new forum for the scrutiny of significant issues in European Law, the law of the Council of Europe, and Comparative Law with a “European” dimension, and particularly those which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, which is the research Centre of Cambridge University Law Faculty special- ising in European legal issues. The papers presented are all at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the civil services of both the European Union and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and sepa- rate legal orders. Each edition will commence with the Mackenzie-Stuart Lecture, established in honour of Lord Mackenzie-Stuart, formerly President of the ECJ, and given each year in the Cambridge Law Faculty. The first Lecturer, in 1997, was Judge G. Rodriguez Iglesias, currently President of the ECJ; the second was Mr Jean-Louis Dewost, Director General of the Commission’s Legal Service. Their contributions launch Volume 1. This volume can be cited as 2 CYEL (1999) Editorial Board DR. PHILIP ALLOTT, Trinity College Cambridge PROFESSOR TONY ARNULL, University of Birmingham CATHERINE BARNARD, Trinity College Cambridge PROFESSOR ALAN DASHWOOD, Director of CELS MR DAN GOYDER CBE, Consultant Solicitor, Linklaters and Alliance, Visiting Professor of Law, King’s College London PROFESSOR ROSA GREAVES, Durham University PROFESSOR BOB HEPPLE, Clare College Cambridge PROFESSOR DAVID O’KEEFE, University College London LORD LESTER OF HERNE-HILL DR STEPHANIE PALMER, Girton College Cambridge DAVID VAUGHAN QC, Brick Court Chambers DR. ANGELA WARD, Assistant Director of CELS PROFESSOR SIR DAVID WILLIAMS Q.C., Emmanuel College, Cambridge PROFESSOR D.A. WYATT Q.C., St Edmund Hall, Oxford CENTRE FOR EUROPEAN LEGAL STUDIES (CELS) CAMBRIDGE The Cambridge Yearbook of European Legal Studies VOLUME 2, 1999 EDITED BY Alan Dashwood B.A. (Rhodes), M.A. (Oxon) of the Inner Temple, Barrister Professor of European Law, University of Cambridge Fellow, Sidney Sussex College, Cambridge AND Angela Ward B.A. (Univ. of QLD) LLB (Hons) (ANU), PhD (EUI) of the Middle Temple and One Pump Court Fellow, Magdalene College, Cambridge OXFORD – PORTLAND OREGON 2000 Hart Publishing Oxford and Portland, Oregon Published in North America (US and Canada) by Hart Publishing c/o International Specialized Book Services 5804 NE Hassalo Street Portland, Oregon 97213-3644 USA Distributed in the Netherlands, Belgium and Luxembourg by Intersentia, Churchillaan 108 B2900 Schoten Antwerpen Belgium © The contributors jointly and severally 2000 The authors have asserted their right under the Copyright, Designs and Patents Act 1988, to be identified as the authors of this work Hart Publishing Ltd is a specialist legal publisher based in Oxford, England. To order further copies of this book or to request a list of other publications please write to: Hart Publishing Ltd, Salter’s Boatyard, Oxford OX1 4LB Telephone: +44 (0)1865 245533 or Fax: +44 (0)1865 794882 e-mail: CONTENTS Contributors vii Table of Cases xi Table of Legislation xxix Table of Conventions and Treaties xliii 1. The Mackenzie Stuart Lecture—The Influence of European Community Law on Public Law in the United Kingdom 1 Francis Jacobs 2. The Community Courts and Openness Within the European Union 19 Judge Hans Ragnemalm 3. The Concept of European Union 31 Philip Allott 4. Joint Competence of the European Community and its Member States and the Dispute Settlement Practice of the World Trade Organization 61 Joni Helisoski 5. Caveat Emptor ? Integrating the Schengen Acquis into the European Union Legal Order 87 Steve Peers 6. Grant v. South-West Trains: Some Comparative Observations 125 Nicholas Bamforth 7. The New UK Competition Act: Reform or Revolution? 149 Dan Goyder CBE 8. Facing the Digital Future: Public Service Broadcasting and State Aid in the European Union 159 Jacquelyn MacLennan 9. Prospects for European Company Law After the Judgment of the European Court of Justice in Centros Ltd 203 Karsten Engsig Sørensen 10. Two Types of Regulatory Competition: Competitive Federalism versus Reflexive Harmonisation. A Law and Economics Perspective on Centros 231 Simon Deakin vi Contents 11. EC Transport Law and Policy: A Status Report 261 Rosa Greaves 12. Freedom of Information and Transparency as Administrative and Constitutional Rights 285 Carol Harlow QC 13. EU Citizens’ Right to Know: The Improbable Adoption of a European Freedom of Information Act 303 Ulf Öberg 14. Access to Governmental Information and the Judicial Process: United Kingdom Law and the Influence of Europe 329 Ivan Hare 15. The Corpus Juris Project—has it a future? 355 Professor J.R. Spencer 16. The European Court of Justice, More than a Teleological Court 373 Albertina Albors-Llorens 17. Invalidity, Disapplication and the Construction of Acts of Parliament: Their Relationship with Parliamentary Sovereignty in the Light of the European Communities Act and the Human Rights Act 399 Geoffrey Lindell 18. EC Law, UK Public Law and the Human Rights Act 1998: A New Integrative Dynamic? 417 Gordon Anthony 19. Human Rights in the Field of Taxation: A View from Sweden 439 Roger Persson Östermann 20. Creating the New Europe: the Stability Pact for South Eastern Europe in the Context of EU–SEE Relations 463 Marise Cremona 21. The European Convention on State Immunity and International Crimes 507 Roger O’Keefe Index 521 CONTRIBUTORS ALBERTINA ALBORS-LLORENS holds degrees in Law from Valencia, London and Cambridge Universities. She is a Fellow, Tutor, and College Lecturer in Law at Girton College, Cambridge, and a Norton Rose Lecturer in Law at the Faculty of Law, University of Cambridge. She was formerly a British Academy Post-doctoral Fellow and a Research Fellow at Girton College. Her publications include Private Parties in EC law: Challenging Community Measures (OUP, 1996). PHILIP ALLOTT is a Fellow of Trinity College and Reader in International Public Law, University of Cambridge. He is the author of Eunomia—New Order for a New World (OUP, 1990), a general theory of international society and international law. GORDON ANTHONY is a lecturer in law at the Queen’s University of Belfast. He has written several articles on the relationship between UK pub- lic law and European law. A book entitled UK Public Law and European Law: The Dynamics of Legal Integration will be published by Hart Publishing in autumn 2000. NICHOLAS BAMFORTH is Fellow in Law at the Queen’s College, Oxford. His interests include human rights, anti-discrimination law and public law. MARISE CREMONA is a Senior Fellow and the Head of the European Commercial Law Unit within the Centre for Commercial Law Studies, Queen Mary & Westfield College, University of London. She has had many years’ experience of teaching European Union law, with a particular interest in the relations between the EU and the countries of central and eastern Europe, and has published widely in the field of EU external policy. SIMON DEAKIN is Reader in Economic Law and a Fellow of Peterhouse College at the University of Cambridge. He is the director of the “Corporate Governance” research programme at the ESRC Centre for Business Research, also at Cambridge. His research interests are in the economic theory and analysis of law, with particular reference to labour law, company law and competition law. viii Contributors DAN GOYDER CBE is a consultant solicitor with Linklaters & Alliance in London, a visiting Professor at King’s College, London, and a visiting Fellow at the Centre for European Legal Studies in Cambridge. He has writ- ten widely on EC and US antitrust law and published, in 1998 the 3rd edition of his textbook EC Competition Law which is a part of the Oxford European Community Law Series. ROSA GREAVES is the Allen & Overy Professor of European Law at the University of Durham and Director of the Durham European Law Institute. She has written several books on EC Law including Transport Law of the European Community (1991) and EC Transport Law (forthcoming, 2000). IVAN HARE is Assistant Director of the Centre for Public Law in the University of Cambridge and a Fellow of Trinity College. He jointly edited The Golden Metwand and the Crooked Cord—Essays in Public Law in Honour of Sir William Wade (with C. F. Forsyth) and Constitutional Reform in the United Kingdom: Practice and Principles (with J. Beatson and C. F. Forsyth). Most of his work is in the field of comparative public law. CAROL HARLOW is Professor of Public Law at the LSE, where she has worked since 1986. Her specialist subjects are administrative law, with spe- cial reference to state liability, comparative administrative law and public law of the EU. She is author, with her colleague Richard Rawlings, of Law and Administration and Pressure Through Law. She has contributed several arti- cles on EU law to leading journals, has been a Jean Monnet Visiting Professor at the European University institute and is on the Editorial Board of the European Law Journal. JONI HELISKOSKI is Legislative Secretary in the European Law Unit of the Law Drafting Department, Ministry of Justice, Finland and a PhD can- didate at Trinity Hall Cambridge. He is the author of a number of articles on the European Community’s external relations. FRANCIS G. JACOBS is an Advocate General at the Court of Justice of the European Communities. Before his appointment to the Court in 1988 he was Professor of European Law in the University of London and Director of the Centre of European Law at King’s College London; he was also a prac- tising barrister (Queen’s Counsel) specialising in European law. He was founding editor of the Yearbook of European Law and is general editor of the Oxford EC Law Library. GEOFFREY LINDELL is a Professor of Law at the University of Melbourne in Australia. He has taught and published widely in the field of Australian constitutional law. He has appeared in some major constitutional Contributors ix cases before the Australian High Court and served on an Advisory Committee to the Australian Committee to the Australian Constitutional Commission (1986–1988). His contribution to the Cambridge Yearbook of European Legal Studies was written during the second half of 1999, while he was a Visiting Fellow at Wolfson College and a visitor at the Cambridge Law Faculty. JACQUELYN MACLENNAN has practised EU law in Brussels for more than ten years. She publishes and teaches in the field, specialising in compe- tition and trade law. ULF ÖBERG has served since 1995 as a Référendaire to Judge Ragnemalm at the European Court of Justice, Luxembourg. He is currently writing a PhD at Stockholm University on public access to documents in European law, and is the moderator of the European Freedom of Information (mailing) List (EFIL). ROGER O’KEEFE is a University Assistant Lecturer at the University of Cambridge, and a Fellow of Magdalene College. He recently completed a doctorate in public international law at Magdalene College Cambridge, and his research interests include international criminal law, the law of armed conflict, human rights and the international legal protection of cultural heritage. STEVE PEERS is a Reader in Law at the Human Rights Centre, University of Essex and Director of the Centre for European Commercial Law there. He has written over thirty articles on EU law, particularly on EU Justice and Home Affairs Law (Longman, 2000), and The Amsterdam Proposals: Implementing EC Immigration and Asylum Law (Immigration Law Practitioners’ Association & Migration Policy Group, 2000). ROGER PERSSON-ÖSTERMAN is an Assistant Professor of Law at Stockholm University, Sweden. He obtained the Doctor of Laws degree at Stockholm University in 1997. He has written widely on fiscal law, primarily on taxation and reorganisation of companies. Recently his interests have focused on EC Tax Law. He was a visiting fellow at CELS and at Clare Hall in Cambridge in the 1998/1999 academic year. HANS RAGNEMALM has been Judge of the Court of Justice of the European Communities since Sweden joined the EU in 1995. He was for- merly a Professor of Public Law at the Universities of Stockholm and Lund, Parliamentary Ombudsman, and Judge of the Swedish Supreme Administrative Court. He has published extensively in the fields of constitu- tional and Administrative Law. x Contributors KARSTEN ENGSIG SØRENSEN is an Associate Professor at the Department of Law, Aarhus School of Business, Denmark. He has written several books and articles on EU Law and Company Law, including publica- tions combining these two topics. His work has appeared in both Danish and international law journals. JR SPENCER is a Professor in the Cambridge University law Faculty and a Fellow of Selwyn College. He has also spent several periods as a professeur invité at various universities in France. He has written extensively about English criminal procedure and evidence, both in English and in French. He was one of the group of experts who drafted the Corpus Juris project.

See more

The list of books you might like

Most books are stored in the elastic cloud where traffic is expensive. For this reason, we have a limit on daily download.