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 3: Locus Standi of Individuals under Article 230(4): The Return of Euridice?

Takis Tridimas and Sara Poli

Extract

3. Locus standi of individuals under Article 230(4): the return of Euridice? Takis Tridimas and Sara Poli1 INTRODUCTION Sir Francis Jacobs has been one of the most influential Advocates General (AsG) in the history of the European Court of Justice (ECJ). He became a member of the Court in October 1988 and served until January 2006, thus being the second longest-serving Advocate General and one of the longestserving members of the Court.2 The function of the AG, which in the eyes of a common lawyer remains a somewhat esoteric and quaint office, is ‘to make, in open court, reasoned submissions’ on cases ‘acting with complete impartiality and independence’.3 The Opinion of the Advocate General fulfils essentially three functions.4 It assists the Court to find a solution to the case and thus in preparing the judgment. It sheds light on the factual and legal background to the dispute. It thus complements and assists in explaining the judgment, which is collegiate and much more compact. It also offers an opportunity to analyse and, on occasion, re-evaluate the case law, taking a step back from the facts of the case and assessing the impact of possible solutions to the dispute on the wider matrix of the law. It is no secret that Sir Francis excelled in performing all these functions. In his years at the Court, he became renowned for his intellectual vigour, his persuasive arguments and his efficiency. He was Takis Tridimas is Sir John Lubbock Professor of Banking Law at...

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