Making Community Law

Making Community Law

The Legacy of Advocate General Jacobs at the European Court of Justice

Edited by Philip Moser and Katrine Sawyer

The inspirational ideas of Advocate General Francis Jacobs have been drawn together here for the first time in one volume. Fifteen leading EU law practitioners and academics have contributed, including both Sir Francis’s predecessor and his successor, covering topics of current discussion in this continually evolving field. Each contributor deals with a discrete topic of EU law and discusses its evolution to date, its current state and its future development, always with specific reference to Sir Francis’s opinions.


Philip Moser and Katrine Sawyer

Subjects: law - academic, european law


: Making Community Law The legacy of Advocate General Jacobs at the European Court of Justice Philip Moser1 and Katrine Sawyer2 Sir Francis Jacobs was the United Kingdom’s Advocate General (AG) at the European Court of Justice (ECJ) from 7 October 1988 until 10 January 2006. He attended his first hearing on 9 November 1988 and delivered his first opinion on the thirtieth day of that same month.3 Sir Francis’s last case hearing was on 17 November 2005,4 with a three-pack of final opinions delivered on 15 December 2005, in Cases C-167/04-P JCB,5 C-423/04 Richards6 and C416/04-P Sunrider,7 followed by a final attendance in the Chamber at the audience solennelle on 10 January 2006 which marked his retirement. During Sir Francis’s tenure at the ECJ both the European Communities and the wider world experienced fundamental changes. When Sir Francis arrived at the ECJ, there were twelve Member States. At the time of his departure, there were twenty-five Member States, with two more (Romania and Bulgaria) about to accede. In October 1988 the iron curtain was in place, Germany was divided into two states and the Soviet Union was just beginning its process of reform. In 2006 the Soviet Union was history and three former Soviet Socialist Republics (Estonia, Latvia and Lithuania) were actually within what was now Of the Inner Temple, Barrister, Monckton Chambers, London. Of the Middle Temple, Barrister, Hailsham Chambers, London; Référendaire, European Court of Justice, Luxembourg. 3 Both in Case 182/87 Trouw & Co....