By Alan Dashwood, Angela Ward, John Spencer, Christophe Hillion
This booklet offers a brand new discussion board for the scrutiny of important concerns in ecu Union legislation, the legislation of the Council of Europe, and Comparative legislation with a "European" size, and especially these that have come to the fore through the 12 months previous book. The contributions showing within the assortment are commissioned by way of the Centre for eu criminal reviews (CELS) Cambridge. The papers offered are all on the innovative of the fields which they handle, and mirror the perspectives of well-known specialists drawn from the collage global, felony perform, and the civil providers of either the european and its Member States. Inclusion of the comparative size brings a clean standpoint to the learn of ecu legislations, and highlights the consequences of globalization of the legislations extra typically, and the ensuing pass fertilization of norms and concepts that has happened between formerly sovereign and separate criminal orders. The Cambridge Yearbook of eu felony stories is a useful source for these wishing to maintain speed with felony advancements within the fast-paced global of ecu integration.
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Extra resources for Cambridge Yearbook of European Legal Studies. Volume 03, 2000
It seems likely that the number of decisions and of appeals from those decisions is likely to increase. It seems to me that the appeals should lie to the Court of First Instance with a possibility of an appeal only in the interests of the law. This is a very specialised area and there is something to be said for setting up special chambers of the CFI to deal with intellectual property matters. On the other hand, the principle followed so far is that all members of both Courts should be capable of dealing with any type of case and I should be reluctant to see specialist chambers dealing only with a particular subject.
It would be difficult to administer and there might well be resentment if a question sent by a supreme court (when it thought that a question really was necessary) was sent to what might come to be regarded as the second XI. I do not find this an attractive idea. It does not follow that no new courts should be created. It has long been contemplated that there should be a Common Patent Appeals Court (COPAC) with power to make preliminary references to the ECJ and with the possibility of appeals from the decisions in the interest of the law.
What then are the areas where change should be discussed not just to deal with the existing workload of the court but to adapt to the Community as it will be increased in the foreseeable future. The first question is whether a radical re-structuring is desirable or necessary. There is no doubt that if the will is there it is possible. To go back to the 3 4 LORD SLYNN OF HADLEY beginning, should we even now adopt something resembling the American system. A two-part parallel court structure. It would have the advantage that specialised courts would at all stages deal with Community law: it might, I do not say it would, lead to a stronger constitutional court prepared to insist on the importance of centralist principals in the Union.