Making Community Law
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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.
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Chapter 2: Fundamental Rights

Paul Craig

Extract

2. Fundamental rights Paul Craig1 INTRODUCTION This chapter examines fundamental rights in Community law and the contribution made by Advocate General Jacobs to this jurisprudence. The discussion begins with analysis of some of the important Opinions that Francis Jacobs has given on fundamental rights during his tenure as Advocate General. The focus then shifts to the more general relationship between fundamental rights within the Community legal order and the European Convention on Human Rights (ECHR). This is a topic of considerable importance. It is more especially relevant in the present context given that Francis Jacobs is an acknowledged expert on the case law of the European Court of Human Rights (ECtHR) as well as that of the European Court of Justice (ECJ). ADVOCATE GENERAL JACOBS AND FUNDAMENTAL RIGHTS In his long and distinguished career Advocate General Jacobs has given a number of Opinions concerning fundamental rights relating both to their reach and their application. Prominent examples of these will be considered in turn. (A) The Reach of Fundamental Rights: Konstantinidis Advocate General Jacobs’s best-known and most oft-quoted contribution to fundamental rights jurisprudence came in Konstantinidis.2 A self-employed Greek masseur who worked in Germany argued that the German authorities were infringing his Community rights in their official mistranslation of his name. The question addressed by the Advocate General was whether a Queen’s Counsel, Professor of English Law, St John’s College, Oxford. Case C-168/91, Konstantinidis v Stadt Altensteig, Standesamt, and Landratsamt Calw, Ordnungsamt [1993] ECR I-1191. 54 1 2 Fundamental rights 55...

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