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The Past and Future of EU Law

The Classics of EU Law Revisited on the 50th Anniversary of the Rome Treaty

Editor(s): Luis Miguel Poiares Pessoa Maduro, Loïc Azoulai
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Published: 05-02-2010
Format: Paperback
Edition: 1st
Extent: 526
ISBN: 9781841137124
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP : £74.99

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Loren Epson

About The Past and Future of EU Law

This book revisits, in a new light, some of the classic cases which constitute the foundations of the EU legal order and is timed to celebrate the 50th anniversary of the Rome Treaty establishing a European Economic Community. Its broader purpose, however, is to discuss the future of the EU legal order by examining, from a variety of different perspectives, the most important judgments of the ECJ which established the foundations of the EU legal order. The tone is neither necessarily celebratory nor critical, but relies on the viewpoint of the distinguished line-up of contributors - drawn from among former and current members of the Court (the view from within), scholars from other disciplines or lawyers from other legal orders (the view from outside), and two different generations of EU legal scholars (the classics revisit the classics and a view from the future). Each of these groups will provide a different perspective on the same set of selected judgments. In each short essay, questions such as 'what would have EU law been without this judgment of the Court? what factors might have influenced it?; did the judgment create expectations which were not fully fulfilled?' and so on, are posed and answered. The result is a profound, wide-ranging and fresh examination of the 'founding cases' of EU law.

Table Of Contents

Preface: Joseph Weiler
Introduction: Miguel Poiares Maduro and Loic Azoulai
Van Gend & Loos
Pierre Pescatore
Bruno de Witte
Daniel Halberstam
Franz Mayer
Costa/ENEL and Simmenthal
Nial Fennelly
Ingolf Pernice
Stephen Breyer
Carlo Santulli
Internationale Handesgeselschaft and Nold José Narciso da Cunha Rodrigues
Takis Tridimas
Brun O. Bryde
Mattias Kumm
ERT and Wachauf
Francis Jacobs
Damien Chalmers
Rubio Llorente
Zdenek Kuhn
CILFIT and Foto Frost
David Edward
Paul Craig
Alec Stone
Daniel Sarmiento
ERTA and Open Skies and Opinion ECHR
Jean-Pierre Puissochet
Piet Eeckhout
Robert Post
Christophe Hillion
Eleanor Sharpston
Denys Simon
Elaine Vogel-Polsky
Siofra O'Leary
Les Verts vs Parliament
Koen Lenaerts
Jean Paul Jacque
Neil Walker
Edoardo Chiti
Martinez Sala and Baumbast
Christiaan Timmermans
Jo Shaw
Carlos Closa
Augustin Menendez
Dâmaso Ruiz-Jarabo Colomer
Francis Snyder
Roger van den Bergh
Julio Baquero
Dassonville and Cassis de Dijon
Allan Rosas
Kamiel Mortelmans (Alan Dashwood)
Kalypso Nicolaides
Nicolas Bernard
Marko Ilesic
Stephen Weatherill
Petros Mavroidis


“I cannot think of another book that presents and explains the foundational judgments of the Court in such a clear and lively excellently presented précis of current and past mainstream doctrinal thought.” –  Gareth Davies, European Law Review, Volume 37

“... an authoritative work in the bibliography on landmark decisions of the Court of Justice ... this volume contains contributions that involve essential methodological issues for any solid research in the field of EU law.” –  Mihai Banu, Revista Romana de drept European, No 3

“This is one of those books that has an undeniably magical side to it, despite the fact that the law should obviously be an austere discipline.
[The book] give[s] life to an 'ideal interpretation' of the European Court of Justice's most important decisions and which, from a variety of points of view, enable[s] the reader to establish an informed opinion on the basis of a balanced calculation of past events.
” –  Michel Theys, Agence Europe: Bulletin Quotedien Europe

“This collection is an enjoyable read.” –  Marc Jacob, European Law Books Website

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