Views of European Law from the Mountain: Liber Amicorum for Piet Jan Slot
Piet Jan Slot is one of a notable group of innovators who have greatly elucidated the role of law in the construction of European integration. His retirement this year from the Law Faculty at Leiden University has occasioned this festschrift, in which forty-six colleagues, past and present, recognize his many sterling contributions and engage with issues central to his work. Many of them focus on aspects of European competition law, while others extend his preoccupations with such fields as environmental regulation, energy, transport, and the interfaces of European law with both Member State law and international (global) law.
Ranging from historical tendencies to emerging trends and possibilities, the authors explore dozens of relevant topics, including the following:
- harmonization of EU law;
- progress of the concept of ‘technical barriers’;
- economic justifications and the fundamental freedoms;
- the Keck ‘dichotomy’ between product requirements and selling arrangements;
- private antitrust enforcement in an international context;
- retail price maintenance;
- competitors’ role in the public enforcement of the state aid regime;
- scope of judicial review of sanctions in competition law;
- competition and security of supply;
- ownership unbundling;
- proliferation of EU regulatory agencies; and
- the influence of the ECJ on the interpretation of the ECHR.
Conscious of Slot’s ability to identify and analyse the crucial issues of a complicated matter and express them in a clear way adequately attuned to the listener, the authors tackle some of the most complex areas in European law. Although, like Slot, they consider European integration as a value that should be respected and fostered, by no means do they uncritically accept European law or the way it is made. They carry on Slot’s work in interpreting and applying European law to search for solutions that maintain, develop and enrich the legal order established by the various European Treaties.
This challenging and absorbing book offers everyone interested a rich selection of topical as well as controversial issues in a number of areas of European law. It is a fitting tribute to the diversity and reach of Slot’s contribution to these fields as an academic and practitioner over a period of some forty years.
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Table of contents, Foreword PJ Kapteyn, Personal word, Short Biography and major publications Intro, Contributors, Table of cases Part I The internal market, the freedoms and harmonization 1 Michael Dougan, Minimum Harmonization after Tobacco advertising and laval un Partneri 2 Wessel W. Geursen, Harmonization in a Globalizing Market 3 Rikki Holmaat, Sexual Harassment as sex Discrimination: A Logical Step in the Evolution of EU Sex Discrimination Law or a step too far? 4 M.R. Mok, The Free Movement of Capital in the EC and with Third Countries and its application on the basis of ECJ Case Law 5 Jacques Pelkmans, The Demise of Intra-EU Technical Barriers? 6 Wulf-Henning Roth, Economic Justifications and the Internal Market 7 G. Straetmans, Market Access, The Outer limits of free Movement of Goods and… the Law? Part II competition and state aid 8 Thomas Ackermann, Antitrust Damages actions under The Rome II Regulation 9 René Barents, Constitutional Horse Trading : Some comments on the protocol on the internal market and competition 10 Onno Brouwer & Deirdre Curtin, Why? The Giving reasons requirement of EU administration 11 David Edward, Judging Competition Cases 12 Luc Gyselen, Resale price maintenance: Growing convergence between the US and the EC in Sight? 13 Robert Lane, EC Competition Law Post-Lisbon: A matter of protocol 14 Arjen Meij, Scope of Judical Review and Sanctions in Competition Cases 15 Tom Ottervangers, Twenty-Four and so much more…: Some Reflections on the Position of Competitors in State Aid Cases 16 Christa Tobler, State Aid under Swiss-EU Bilateral Law: The Example of Company Taxation 17 Marc van der Woude & Christof Swaak, Time for Time 18 Elaine Whiteford & Andrew Skudder, Harmonization of Actions for Cartel Damages- Not the White Paper Part III sector-related analyses 19 Augustin Blanco- Bazán, Marine Pollution and its Scapegoats: The fragile Legitimacy of an European Directive and an European Judgment 20 Berend Jan Drijber, Interconnector Law: Interconnecting Competition and Security of Supply 21 Christophe Hillion, A Look back at the Open Skies Judgments 22 Jan H. Jans, Harmonization of National Procedural Law via the Back Door? Preliminary comments on the ECJ’s Judgment in Janecek in a Comparative Context 23 Angus Johnston, Ownership Unbundling: Prolegomenon to a legal Analysis 24 Pieter Jan Kuijper, Re-reading external relations Cases in the Field of Transport: The function of Community Loyalty 25 Pablo Mendes de Leon, Nouvelles frontiers: Trading International Law and European Law in the Context of the Establishment of an Emission Trade System Part IV Institutional issues 26 Niels Blokker, Reviewing the review: Did the European Court of Justice in Kadi Indirectly review security council resolutions? On the downside of a Courageous judgment 27 Laurens Jan Brinkhorst, National Sovereignty in the EU: An outdated concept 28 Alan Dashwood, What can be salvaged if the treaty of Lisbon is lost? 29 Thijs Drupsteen, Inverse direct effect and Community Loyalty 30 Jacqueline Dutheil de la Rochere, EU Regulatory Agencies: What Future do the have? 31 Herke Kranenborg, European Court of Justice forces the Institution’s Legal services to open up 32 Hans van den Oosterkamp, EU Governance: The Practice of EU Decision-Making and Law-Making 33 Nico Schrijver, When will the new emperor wear his clothes? The efforts of the European Union towards a common development cooperation policy Part V academic and judicial dialogue 34 Marco Bronckers, From “Direct Effect” to “Muted Dialogue”: Recent Developments in the European courts’ Case Law on the WTO and beyond 35 Bruno de Witte, European Laws as an Academic Discipline: Unity and Fragmentation 36 Richard H. Lauwaars, Recent Case Law of the Bundesverfassungsgericht and EC Law: A View from the outside 37 Rick Lawson, Ex Boreale Lux: On the Influence of the ECJ on the Interpretation of the ECHR 38 Marc Maresceau, Unilateral Termination and Suspension of Bilateral Agreements concludede by the EC 39 K.J.M. Mortelmans, The Dutch Council of State: Constitutional Cases with an European Union background