Of courts and constitutions
Subtitle: liber amicorum in honour of Nial Fennelly
By: edited by Kieran Bradley, Noel Travers, Anthony Whelan
Contributors: Fennelly, Nial, honouree
Publisher: Hart Publishing
Published: 2014
Place of publication: Oxford; Portland, Oregon
Language: eng
Number of pages: 439
ISBN-13: 9781849466653
Subjects: Law; International unification; Interpretation and construction; Court of Justice of the European Union
Description: The essays which appear in this volume have been written to pay tribute to the Hon Mr Justice Nial Fennelly, judge of the Supreme Court of Ireland and former Advocate General at the European Court of Justice, on the occasion of his retirement. The overall theme of the book is the relationship between European Union law and national law, and the role of courts in defining that relationship. The book consists of four main parts - the structure and functioning of the European Court of Justice, material issues of European Union law, aspects of Irish law and transversal issues of national and European law. The contributors are all past and present members of the European bench, members or former members of the Irish judiciary or Bar and/or experts in European Union law, many of whom have worked with Mr Justice Fennelly during his long and distinguished career at the Bar and on the bench
Notes: Errata slip inserted.

Includes bibliographical references and index.
Table of contents: title: The evolution of the judicial architecture of the European Union and its procedural implications / Vassilios Skouris; title: L'interprétation par la Cour de justice l'Union du droit européen de procédure civile / José Carlos de Carvalho Moitinho de Almeida; title: Accelerated procedures before the Court of Justice for the European Union / Melchior Wathelet; title: Vertical precedent at the European Court of Justice : when push comes to shove / Kieran Bradley; title: Due process, judicial protection and the Kadi saga / David Edward; title: Closed evidence in restrictive measures cases : a comparative perspective / Nicholas J. Forwood; title: The arbitration exception and the revised Brussels regulation / Michael M. Collins; title: The financial crisis, the banking union and the rule of law / Paul Gallagher; title: The internal market in a context of deepening integration : long on content and short on modes of delivery? / Herwig C.H. Hofmann; title: From Merck v. Stephar to the unitary patent regulation and court : reflections on the incremental development of an EU patent law and legal system / Noel J. Travers; title: Market regulation in network industries : subsidiarity and the single market in the digital age / Anthony Whelan; title: Reconciling Ireland's sovereignty with membership of the European Union : the lessons of Crotty and Pringle / Ronan Keane; title: Crotty put to sleep by Pringle / Hugh Geoghegan; title: Nial Fennelly : Mallak and the rule or reasons / Donal O'Donnell; title: Declarations of incompatibility, inapplicability and invalidity : rights remedies and the aftermath / Gerard Hogan; title: The case of the 'missing evidence' / Muireann Noonan; title: Union and common law : harmony or tension / Frank Clarke; title: 'Imperfect obligations' : constitutional principles and the Charter of Fundamental Rights / John MacMenamin; title: The role of national courts in the enforcement of EU competition law / Aindrias Ó. Caoimh; title: The Italian model of a dualist approach to multilevel protection of human rights / Giuseppe Tesauro; title: Damages in public procurement : an illusory remedy? / Anthony M. Collins; title: Transparency, reasons and the Europeanisation of public law / Catherine Donnelly; title: Preserving national identity : the Bundesverfassungsgeright between national constitutional constraints and an every closer European Union / Wolfgang Heusel; title: The weakening of allegiance to the polity in the institutional practice of European judges and courts / Diarmuid Rossa Phelan; title: Child citizens and de facto deportation tender years, fragile ties and security of residence / Cathryn Costello.