Cambridge Yearbook of European Legal Studies, Vol 14 2011-2012

Catherine Barnard, Markus Gehring, Catherine Barnard, Markus Gehring

• Publisher: Hart Publishing
• Year: 2012
• Print ISBN: 9781849463539
• eBook ISBN: 9781782250524
• Edition: 1
• Topic: Law
• Subtopic: International Law
• Index: Law

The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the law of the European Convention on Human Rights, and Comparative Law with a 'European' dimension, and particularly those issues 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, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are 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 institutions of both the EU 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 separate legal orders.
The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration.
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Editorial Advisory Board: Albertina Albors-Llorens, John Bell, Alan Dashwood, Simon Deakin, David Feldman, Richard Fentiman, Angus Johnston, John Spencer Founding Editors: Alan Dashwood and Angela Ward

Table of contents

• Cover
• Prelims
• Preface
• Contents
• List of Contributors
• Table of Cases
• Table of Legislation
• 1. The Purpose of the EU Procurement Directives: Ends, Means and the Implications for National Regulatory Space for Commercial and Horizontal Procurement Policies
• 2. How Regulatory Networks Shaped Institutional Reform under the EU Telecoms Framework
• 3. Perfectionism in European Law
• 4. From Fiscal Compact to Fiscal Union? New Rules for the Eurozone
• 5. A 'Minefield of Misreckonings': Europe's Constitutional Pluralism
• 6. The Court of Justice as a Labour Court
• 7. Protection Against Acts Harmful to Human Health and the Environment Adopted by the EU Institutions
• 8. Paths for Constitutional Thinking 'Beyond the State'?
• 9. The Euro Area Crisis and Constitutional Limits to Fiscal Integration
• 10. The Fight against Terrorism, Fundamental Rights and the EU Courts: The Unsolved Conundrum
• 11. Behavioural Economics and the Autonomous Consumer
• 12. The European Union as a Source of Inspiration
• 13. European Fundamental Rights and the Member States: From 'Selective' to 'Total' Incorporation?
• 14. Who's Afraid of the Big, Bad European Public Prosecutor?
• 15. Allowing the Right Margin: The European Court of Human Rights and The National Margin of Appreciation Doctrine: Waiver or Subsidiarity of European Review?
• 16. 'Posting' and 'Posted Workers': The Need for Clear Definitions of Two Key Concepts of the Posting of Workers Directive
• 17. An Illusion of Protection and an Assumption of Responsibility: The Possibility of Swedish State Liability after Laval
• 18. Up in the Air: Aviation, the EU Emissions Trading Scheme and the Question of Jurisdiction
• The Advocate General. Securing Trust and Democracy in the EU Judicial Order
• 19. Securing Trust in the Court of Justice of the EU: The Influence of the Advocates General
• 20. A Fourth in the Court: Why Are There Advocates General in the Court of Justice?
• 21. The Advocate General: Bringing Clarity to CJEU Decisions? A Case-Study of Mangold and Kucukdecevi
• 22. The Advocate General: A Key Actor of the Court of Justice of the European Union
• 23. Social Legitimacy and the Court of Justice of the EU: Some Reflections on the Role of the Advocate General
• 24. Advocates General and Grand Chamber Cases: Assistant with the Touch of Substitution
• 25. The Notion of Consensus as a Route to Democratic Adjudication?
• 26. The Advocate General: Assisting the CJEU of Article 13 TEU to Secure Trust and Democracy
• 27. Advocate Generals' Opinions or Separate Opinions? Judicial Engagement in the CJEU
• Index