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.


Anthony Arnull

Subjects: law - academic, european law


Anthony Arnull1 The preceding chapters reveal the richness of Francis Jacobs’ contribution as Advocate General to the development of Community law. Hardly any area of the discipline was untouched by his Opinions. In this brief afterword, I would like to reflect on the qualities that enabled Francis to exploit the potential of his office to such great effect. I had the privilege of serving as a référendaire in his chambers at the Court from 1989 to 1992, so I shall also say a few words in passing about what he was like to work for. Francis’ influence is of course to some extent attributable to his longevity: he is the second longest-serving Advocate General after Advocate General Roemer, who held office from 1953 to 1973. A more important factor was Francis’ professional background. Lord Mackenzie Stuart once remarked that an Advocate General was like the holder of a professorial chair in Community law.2 That remark could hardly be repeated in today’s world of ‘Research Assessment Exercises’ and increasing managerialism in universities, but I doubt whether it was entirely apt even when it was made. Francis was indeed the holder of a chair in Community law when he was appointed as Advocate General; he was also a successful QC. I believe that his capacity to combine an academic’s sensitivity to the deep rhythms of Community law with a practitioner’s ability to identify the really crucial issues played a big part in his success. We can only really start to...

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