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Vol 21 No 11 Nov/Dec 2016

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Of Courts and Constitutions: Liber Amicorum in Honour of Nial Fennelly

Edited by: Kieran Bradley, Noel Travers, Anthony Whelan

ISBN13: 9781849466653
Published: May 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £60.00



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The essays which appear in this volume are publlished to honour the Hon Mr Justice Nial Fennelly of the Irish Supreme Court, former Advocate General of the European Court of Justice, on the occasion of his 72nd birthday.

The theme of the book is the relationship between European Union law and national law, and the role of the courts in defining that relationship. The book consists of four main parts - the role of the European Court of Justice, the role of national courts, horizontal issues of common concern to the two categories of court, and courts and how they deal with economic questions.

All of the contributors are either experts in European Union law, past and present members of the European bench and bar, or past and present members of the Irish judiciary, many of whom have worked with or for Judge Fennelly during his long and distinguished career on the bench.

Subjects:
EU Law
Contents:
Foreword by Mary McAleese, former President of Ireland
Preface
List of Contributors

PART I: THE STRUCTURE AND FUNCTIONING OF THE EUROPEAN COURT
1. The Evolution of the Judicial Architecture of the European Union and its Procedural Implications
Vassilios Skouris
2. L’interprétation par la Cour de justice de l’Union du droit européen
de procédure civile
José Carlos de Carvalho Moitinho de Almeida
3. Accelerated Procedures before the Court of Justice of the European Union
Melchior Wathelet
4. Vertical Precedent at the European Court of Justice: When Push Comes to Shove
Kieran Bradley

PART II: MATERIAL ISSUES OF EUROPEAN UNION LAW
5. Due Process, Judicial Protection and the Kadi Saga
David Edward
6. Closed Evidence in Restrictive Measures Cases: A Comparative Perspective
Nicholas J Forwood
7. The Arbitration Exception and the Revised Brussels Regulation
Michael M Collins
8. The Financial Crisis, the Banking Union and the Rule of Law
Paul Gallagher
9. The Internal Market in a Context of Deepening Integration – Long on Content and Short on Modes of Delivery?
Herwig CH Hofmann
10. From Merck v Stephar to the Unitary Patent Regulation and Court: Reflections on the Incremental Development of an EU Patent Law and Legal System
Noel J Travers
11. Market Regulation in Network Industries: Subsidiarity and the Single Market in the Digital Age
Anthony Whelan

PART III ASPECTS OF IRISH LAW
12. Reconciling Ireland’s Sovereignty with Membership of the European Union – the Lessons of Crotty and Pringle
Ronan Keane
13. Crotty Put to Sleep by Pringle
Hugh Geoghegan
14. Nial Fennelly: Mallak and the Rule of Reasons
Donal O’Donnell
15. Declarations of Incompatibility, Inapplicability and Invalidity: Rights Remedies and the Aftermath
Gerard Hogan
16. The Case of the ‘Missing Evidence’
Muireann Noonan

PART IV TRANSVERSAL ISSUES OF NATIONAL AND EUROPEAN LAW
17. Union and Common Law: Harmony or Tension – A Judicial Perspective
Frank Clarke
18. ‘Imperfect Obligations’ – Constitutional Principles and the Charter of Fundamental Rights
John MacMenamin
19. The Role of National Courts in the Enforcement of EU Competition Law
Aindrias Ó Caoimh
20. The Italian Model of a Dualist Approach to Multilevel Protection of Human Rights
Giuseppe Tesauro
21. Damages in Public Procurement – An Illusory Remedy?
Anthony M Collins
22. Transparency, Reasons and the Europeanisation of Public Law
Catherine Donnelly
23. Preserving National Identity: The Bundesverfassungsgericht between National Constitutional Constraints and an Ever Closer European Union
Wolfgang Heusel

24. The Weakening of Allegiance to the Polity in the Institutional Practices of European Judges and Courts
Diarmuid Rossa Phelan
25. Child Citizens and De Facto Deportation: Tender Years, Fragile Ties and Security of Residence
Cathryn Costello

Index