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E-grāmata: Cambridge Yearbook of European Legal Studies, 2008-2009: Volume 11 [Hart e-books]

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The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU law, the law of the Council of Europe, and comparative law with a 'European' dimension - particularly those issues which have come to the fore during the year preceding publication. The contributions are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research institute in the law faculty of the University of Cambridge, specializing in European legal issues. The papers presented are all at the cutting edge of the fields which they address, and reflect the views of recognized experts drawn from the university world, legal practice, and the civil services of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law. The book highlights the effects of globalization of the law and also points to the resulting cross fertilization of norms and ideas that have 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.

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



Scrutinizes issues in EU Law, the law of the Council of Europe and Comparative Law which have come to the fore during the year preceding publication.
Acknowledgements v
List of Contributors ix
Table of Cases xi
Table of Legislation xxxiii
1. Justice in Haste, Justice Denied? The European Court of Justice and the Area of Freedom, Security and Justice
1
Allan Rosas
2. Countering Anti-Constitutional Argument: The Reasons for the European Court of Justice's Decision in Kadi and Al Barakaat
15
Jo Eric Khushal Murkens
3. The EU's Area of Freedom, Security and Justice: A Lack of Fundamental Rights, Mutual Trust and Democracy?
53
Sionaidh Douglas-Scott
4. Developments (and Non-Developments) in the Harmonisation of EU Intellectual Property Law
87
Catherine Seville
5. Dealing with Viking and Laval: From Theory to Practice
123
Robert O'Donoghue and Bruce Carr QC
6. The Role of Exploitation in Abuse under Article 82 EC
165
Pinar Akman
7. People-Trafficking: Some Reflections on the EU Legislation, and its Implementation in the UK
189
John R Spencer QC
8. Administrative Law and Multi-Level Administration: An EU and US Comparison
211
Catherine Donnelly
9. Connecting Tort and Crime: Comparative Legal History in England and Spain since 1850
247
Matthew Dyson
10. An Overview of Regulatory Innovation in the European Union 289
Geert van Calster
11. The 'New' French Constitution and the European Union 321
Sophie Boyron
12. Risk and the European Convention on Human Rights: Towards a New Approach 353
Christopher Hilson
13. Normative Interactions and the Development of Labour Law: A European Perspective 377
Sophie Robin-Olivier
14. Precedent and Judicial Lawmaking in Supreme Courts: The Court of Justice Compared to the US Supreme Court and the French Cour de Cassation 399
Jan Komarek
Index 435
Catherine Barnard is Professor of European Union and Employment Law, Jean Monnet Chair of EU Law, Fellow of Trinity College and Co-Director of the Centre for European Legal Studies at the Faculty of Law, University of Cambridge. Okeoghene Odudu is Herchel Smith lecturer in law and Deputy Director of the Centre for European Legal Studies at the Faculty of Law, University of Cambridge, and a Fellow of Emmanuel College, Cambridge.
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