Julian Lonbay | University of Birmingham (original) (raw)
Papers by Julian Lonbay
Boston College international and comparative law review, 1988
The founding fathers of the Community envisaged a "spill-over" effect: The more the economies of ... more The founding fathers of the Community envisaged a "spill-over" effect: The more the economies of the member states became integrated, the more necessary political and economic cooperation would become, which in turn would lead to an increasing deposit of political power with European institutions. Member states would seek common solutions as they realized that cooperation was essential to make the Community work for their mutual benefit.12 The increasing enmeshment and resulting common policies have occurred, but the concomitant strengthening of the Community institutions has not. The member states have managed to wrest decision-making power from the community executive and reduce the decision-making process to a species of intergovernmental haggling. 13 The decision-making process of the Community, as originally envisioned, required cooperation between the European Commission (representing the Community interest) and the Council of Ministers (representing the member state interest). Whilst the Commission proposed,14 the Council of Ministers disposed. This "balance" in practice never truly worked. The causes of the institutional ills of the Community are catalogued and well known. IS They mainly flow and ebb around the democracy deficit in the decision-making process. 16 The directly elected European Parliament (EP),17 originally graced with only a consultative role, had managed to claw additional powers within the decision-making process before the creation of the SEA. Its opinions IS must be awaited where they are required by the treaties. It may bring an action under 12 This is also a neo-functionalist notion. See P. TAYLOR, THE LIMITS OF EUROPEAN INTEGRATION 9 (1983). " The Community has more recently been seen as a "regime" providing stability and thus opportunities for member states. See Hoffman, Reflections on the Nation-state in Western Europe Today, 21 J. COMM. MKT. STUD. 33ff (1982). The author argues here that integration theory and ideas of European supranationalism are unrealistic. This may be so, but clearly the "legal" side of European integration makes the Community more than a simple "regime".
International and Comparative Law Quarterly, Jul 1, 1995
Community and its institutions, certain safeguards for national sovereignty are included. The pri... more Community and its institutions, certain safeguards for national sovereignty are included. The principle of "subsidiarity" is expressly recognised: except in areas within its exclusive jurisdiction, the Community shall take action only if it can achieve the desired objectives ...
Washington University Global Studies Law Review, 2005
International and Comparative Law Quarterly, 2001
As mentioned in the previous note1 the Amsterdam Treaty significantly alters the treaty structure... more As mentioned in the previous note1 the Amsterdam Treaty significantly alters the treaty structure as regards the free movement of persons. The EC treaty now has, as one of its formal activities as set out in article 3(1)(d), “measures concerning the entry and movement of persons as provided for in Title IV”. The creation of a new Title IV in the EC Treaty on establishing an area of freedom, security and justice moves a corpus of subject matter2 from the inter-governmental pillar on Justice and Home Affairs to the Treaty of Rome. The aim clearly set out is to establish, within five years, all the measures necessary to create “an area without frontiers” in accordance with Article 143 together with “flanking measures with respect to external board of controls of asylum and immigration” as well as “measures to prevent and combat crime in accordance with the provisions of Article 31 (e) of the Treaty on European Union”.4 Co-operation between the Member States is also to be strengthened and encouraged5 as well as measures in the field of police and judicial co-operation in criminal matters though the latter is in accordance with the provisions of the Treaty on the European Union.6
The founding fathers of the Community envisaged a "spill-over" effect: The more the economies of ... more The founding fathers of the Community envisaged a "spill-over" effect: The more the economies of the member states became integrated, the more necessary political and economic cooperation would become, which in turn would lead to an increasing deposit of political power with European institutions. Member states would seek common solutions as they realized that cooperation was essential to make the Community work for their mutual benefit.12 The increasing enmeshment and resulting common policies have occurred, but the concomitant strengthening of the Community institutions has not. The member states have managed to wrest decision-making power from the community executive and reduce the decision-making process to a species of intergovernmental haggling. 13 The decision-making process of the Community, as originally envisioned, required cooperation between the European Commission (representing the Community interest) and the Council of Ministers (representing the member state interest). Whilst the Commission proposed,14 the Council of Ministers disposed. This "balance" in practice never truly worked. The causes of the institutional ills of the Community are catalogued and well known. IS They mainly flow and ebb around the democracy deficit in the decision-making process. 16 The directly elected European Parliament (EP),17 originally graced with only a consultative role, had managed to claw additional powers within the decision-making process before the creation of the SEA. Its opinions IS must be awaited where they are required by the treaties. It may bring an action under 12 This is also a neo-functionalist notion. See P. TAYLOR, THE LIMITS OF EUROPEAN INTEGRATION 9 (1983). " The Community has more recently been seen as a "regime" providing stability and thus opportunities for member states. See Hoffman, Reflections on the Nation-state in Western Europe Today, 21 J. COMM. MKT. STUD. 33ff (1982). The author argues here that integration theory and ideas of European supranationalism are unrealistic. This may be so, but clearly the "legal" side of European integration makes the Community more than a simple "regime".
Common Market Law Review
Case C-55/94 Reinhard Gebhard v. Consiglio dell'ordine degli Avvocati e Procuratori di Milano... more Case C-55/94 Reinhard Gebhard v. Consiglio dell'ordine degli Avvocati e Procuratori di Milano, Judgment of 30 November 1995, [1995] ECR I-4165. Full Court Julian Lonbay; Common Market Law Review
Jurisdictions EEC - UK, Germany, France, Belgium, Netherlands, Italy, Spain, Portugal, Greece, Ir... more Jurisdictions EEC - UK, Germany, France, Belgium, Netherlands, Italy, Spain, Portugal, Greece, Ireland, Luxembourg, Denmark EFTA - Sweden, Norway, Switzerland, Austria USA - California, Florida, Illinois, Massachusetts, New York, Washington Canada - British Colombia, Ontario, Quebec Australasia - Australia, New Zealand Far East - Singapore, Hong Kong, Japan Eastern Europe - Poland, Hungary, Czechoslovakia, Bulgaria, Romania, Russia South America - Brazil Africa - South Africa selected national instruments relevant EC instruments international instruments.
Clinical Legal Education in Asia, 2015
Turkey has a classic two-stage legal education to prepare lawyers for practice as an avukat. The ... more Turkey has a classic two-stage legal education to prepare lawyers for practice as an avukat. The academic stage at the university was heavily influenced by the German legal tradition, and is reputed to be theory heavy, with little practical application of the law.1 This climate of legal education is one reason why it is taking a while for the value of experiential learning, as reflected in the law clinic experience, to take hold in Turkish law faculties, which are not involved in the second stage of vocational training of lawyers. Another issue, discussed below, is that the bar associations are suspicious of the new legal clinics and consider that they breach the monopoly of The avukat in providing legal advice.2 However, one can point to the 2007 Council of Bars and Law Societies of Europe (CCBE) Recommendation on Training Outcomes for European Lawyers,3 which sets out the legal and practical skills that lawyers should have, without specifying at which stage of legal education they should be attained, as being supportive of legal clinics.4
The paper assesses the impacts of the legal and non-legal environment for legal education and tra... more The paper assesses the impacts of the legal and non-legal environment for legal education and training in the European Economic Area and its transnational evolution.
SSRN Electronic Journal, 2010
... The role of Practice in Legal Education Report for England and Wales: Julian Lonbay Topic 1 D... more ... The role of Practice in Legal Education Report for England and Wales: Julian Lonbay Topic 1 D Formation juridique / Legal Education ... Julian Lonbay Birmingham Law School The University of Birmingham Edgbaston B15 2TT England jllonbay@bham.ac.uk Contents ...
International and Comparative Law Quarterly, 1998
The European Commission has adopted an Action Plan to speed up the full implementation of the Sin... more The European Commission has adopted an Action Plan to speed up the full implementation of the Single European Market. As part of its strategy the Commission has launched a stream of cases under Article 169 of the EC Treaty seeking to ensure the implementation of Community law in the fields covered by this note, which takes up and explains some of them. The first case isCommissionv.Belgiumwhere the European Court found that the Belgian rules, which effectively excluded those searching for work from Belgium after three months, contravened the job-seekers rights derived from Article 48 as interpreted inAntonissen. TheAntonissenrights have also been extended to Turkish workers lawfully resident in Germany. Germany found itself condemned for failing to implement directives
Or. L. Rev., 1993
CLIVE WALKER* Legal Education in England and Wales THE last official survey of university law tea... more CLIVE WALKER* Legal Education in England and Wales THE last official survey of university law teaching in England and Wales1 was the Ormrod Report in 1971.2 The Report discovered that legal education had been transformed since 1945 from a rather peripheral, ...
SSRN Electronic Journal, 2008
EUROPEAN DIMENSIONS: Recent Developments: Joint Venture Guidelines and Block Exemptions Regulated... more EUROPEAN DIMENSIONS: Recent Developments: Joint Venture Guidelines and Block Exemptions Regulated Industry and Competition in Community Law The Enforcement of EC Competition Law in the Domestic Courts of Member States The Nature and Purpose of Fines Under European Competition Law EC Merger Control EC-EFTA Competition Law NATIONAL VIEWS: UK Competition Law and Policy: A Retrospective The Proposed Changes Law: Aspects of German Competition Law.
PART I: EC Requirements for an Effective Remedy Rights and Remedies: Restraint or Activism? Enfor... more PART I: EC Requirements for an Effective Remedy Rights and Remedies: Restraint or Activism? Enforcing European Rights and Obligations in National Courts: Striking the Balance National Procedural Rules and Remedies: The Changing Approach of the Court of Justice Interim Relief in National Courts The Relationship between Actions for Annulment and References on Validity after TWD Deggendorf National Protection of Community Rights: Reconciling Autonomy and Effectiveness The Availability of Interdicts for Breach of EC Law before Scottish Courts Are National Remedies the Only Way Forward? Widening the Scope of Article 215(2) of the Treaty of Rome PART II: Remedies in Sex Discrimination Cases Remedies for Breach of EC Environmental Law in UK Courts Community Competition Law, Recovering Dames in the English Courts, New Area? False Dawn! The Community Trade Mark Courts, The Renaissance of an Epistemic Community? Remedies, the Common Market and Cultural Property Remedies After the Social Polic...
Boston College international and comparative law review, 1988
The founding fathers of the Community envisaged a "spill-over" effect: The more the economies of ... more The founding fathers of the Community envisaged a "spill-over" effect: The more the economies of the member states became integrated, the more necessary political and economic cooperation would become, which in turn would lead to an increasing deposit of political power with European institutions. Member states would seek common solutions as they realized that cooperation was essential to make the Community work for their mutual benefit.12 The increasing enmeshment and resulting common policies have occurred, but the concomitant strengthening of the Community institutions has not. The member states have managed to wrest decision-making power from the community executive and reduce the decision-making process to a species of intergovernmental haggling. 13 The decision-making process of the Community, as originally envisioned, required cooperation between the European Commission (representing the Community interest) and the Council of Ministers (representing the member state interest). Whilst the Commission proposed,14 the Council of Ministers disposed. This "balance" in practice never truly worked. The causes of the institutional ills of the Community are catalogued and well known. IS They mainly flow and ebb around the democracy deficit in the decision-making process. 16 The directly elected European Parliament (EP),17 originally graced with only a consultative role, had managed to claw additional powers within the decision-making process before the creation of the SEA. Its opinions IS must be awaited where they are required by the treaties. It may bring an action under 12 This is also a neo-functionalist notion. See P. TAYLOR, THE LIMITS OF EUROPEAN INTEGRATION 9 (1983). " The Community has more recently been seen as a "regime" providing stability and thus opportunities for member states. See Hoffman, Reflections on the Nation-state in Western Europe Today, 21 J. COMM. MKT. STUD. 33ff (1982). The author argues here that integration theory and ideas of European supranationalism are unrealistic. This may be so, but clearly the "legal" side of European integration makes the Community more than a simple "regime".
International and Comparative Law Quarterly, Jul 1, 1995
Community and its institutions, certain safeguards for national sovereignty are included. The pri... more Community and its institutions, certain safeguards for national sovereignty are included. The principle of "subsidiarity" is expressly recognised: except in areas within its exclusive jurisdiction, the Community shall take action only if it can achieve the desired objectives ...
Washington University Global Studies Law Review, 2005
International and Comparative Law Quarterly, 2001
As mentioned in the previous note1 the Amsterdam Treaty significantly alters the treaty structure... more As mentioned in the previous note1 the Amsterdam Treaty significantly alters the treaty structure as regards the free movement of persons. The EC treaty now has, as one of its formal activities as set out in article 3(1)(d), “measures concerning the entry and movement of persons as provided for in Title IV”. The creation of a new Title IV in the EC Treaty on establishing an area of freedom, security and justice moves a corpus of subject matter2 from the inter-governmental pillar on Justice and Home Affairs to the Treaty of Rome. The aim clearly set out is to establish, within five years, all the measures necessary to create “an area without frontiers” in accordance with Article 143 together with “flanking measures with respect to external board of controls of asylum and immigration” as well as “measures to prevent and combat crime in accordance with the provisions of Article 31 (e) of the Treaty on European Union”.4 Co-operation between the Member States is also to be strengthened and encouraged5 as well as measures in the field of police and judicial co-operation in criminal matters though the latter is in accordance with the provisions of the Treaty on the European Union.6
The founding fathers of the Community envisaged a "spill-over" effect: The more the economies of ... more The founding fathers of the Community envisaged a "spill-over" effect: The more the economies of the member states became integrated, the more necessary political and economic cooperation would become, which in turn would lead to an increasing deposit of political power with European institutions. Member states would seek common solutions as they realized that cooperation was essential to make the Community work for their mutual benefit.12 The increasing enmeshment and resulting common policies have occurred, but the concomitant strengthening of the Community institutions has not. The member states have managed to wrest decision-making power from the community executive and reduce the decision-making process to a species of intergovernmental haggling. 13 The decision-making process of the Community, as originally envisioned, required cooperation between the European Commission (representing the Community interest) and the Council of Ministers (representing the member state interest). Whilst the Commission proposed,14 the Council of Ministers disposed. This "balance" in practice never truly worked. The causes of the institutional ills of the Community are catalogued and well known. IS They mainly flow and ebb around the democracy deficit in the decision-making process. 16 The directly elected European Parliament (EP),17 originally graced with only a consultative role, had managed to claw additional powers within the decision-making process before the creation of the SEA. Its opinions IS must be awaited where they are required by the treaties. It may bring an action under 12 This is also a neo-functionalist notion. See P. TAYLOR, THE LIMITS OF EUROPEAN INTEGRATION 9 (1983). " The Community has more recently been seen as a "regime" providing stability and thus opportunities for member states. See Hoffman, Reflections on the Nation-state in Western Europe Today, 21 J. COMM. MKT. STUD. 33ff (1982). The author argues here that integration theory and ideas of European supranationalism are unrealistic. This may be so, but clearly the "legal" side of European integration makes the Community more than a simple "regime".
Common Market Law Review
Case C-55/94 Reinhard Gebhard v. Consiglio dell'ordine degli Avvocati e Procuratori di Milano... more Case C-55/94 Reinhard Gebhard v. Consiglio dell'ordine degli Avvocati e Procuratori di Milano, Judgment of 30 November 1995, [1995] ECR I-4165. Full Court Julian Lonbay; Common Market Law Review
Jurisdictions EEC - UK, Germany, France, Belgium, Netherlands, Italy, Spain, Portugal, Greece, Ir... more Jurisdictions EEC - UK, Germany, France, Belgium, Netherlands, Italy, Spain, Portugal, Greece, Ireland, Luxembourg, Denmark EFTA - Sweden, Norway, Switzerland, Austria USA - California, Florida, Illinois, Massachusetts, New York, Washington Canada - British Colombia, Ontario, Quebec Australasia - Australia, New Zealand Far East - Singapore, Hong Kong, Japan Eastern Europe - Poland, Hungary, Czechoslovakia, Bulgaria, Romania, Russia South America - Brazil Africa - South Africa selected national instruments relevant EC instruments international instruments.
Clinical Legal Education in Asia, 2015
Turkey has a classic two-stage legal education to prepare lawyers for practice as an avukat. The ... more Turkey has a classic two-stage legal education to prepare lawyers for practice as an avukat. The academic stage at the university was heavily influenced by the German legal tradition, and is reputed to be theory heavy, with little practical application of the law.1 This climate of legal education is one reason why it is taking a while for the value of experiential learning, as reflected in the law clinic experience, to take hold in Turkish law faculties, which are not involved in the second stage of vocational training of lawyers. Another issue, discussed below, is that the bar associations are suspicious of the new legal clinics and consider that they breach the monopoly of The avukat in providing legal advice.2 However, one can point to the 2007 Council of Bars and Law Societies of Europe (CCBE) Recommendation on Training Outcomes for European Lawyers,3 which sets out the legal and practical skills that lawyers should have, without specifying at which stage of legal education they should be attained, as being supportive of legal clinics.4
The paper assesses the impacts of the legal and non-legal environment for legal education and tra... more The paper assesses the impacts of the legal and non-legal environment for legal education and training in the European Economic Area and its transnational evolution.
SSRN Electronic Journal, 2010
... The role of Practice in Legal Education Report for England and Wales: Julian Lonbay Topic 1 D... more ... The role of Practice in Legal Education Report for England and Wales: Julian Lonbay Topic 1 D Formation juridique / Legal Education ... Julian Lonbay Birmingham Law School The University of Birmingham Edgbaston B15 2TT England jllonbay@bham.ac.uk Contents ...
International and Comparative Law Quarterly, 1998
The European Commission has adopted an Action Plan to speed up the full implementation of the Sin... more The European Commission has adopted an Action Plan to speed up the full implementation of the Single European Market. As part of its strategy the Commission has launched a stream of cases under Article 169 of the EC Treaty seeking to ensure the implementation of Community law in the fields covered by this note, which takes up and explains some of them. The first case isCommissionv.Belgiumwhere the European Court found that the Belgian rules, which effectively excluded those searching for work from Belgium after three months, contravened the job-seekers rights derived from Article 48 as interpreted inAntonissen. TheAntonissenrights have also been extended to Turkish workers lawfully resident in Germany. Germany found itself condemned for failing to implement directives
Or. L. Rev., 1993
CLIVE WALKER* Legal Education in England and Wales THE last official survey of university law tea... more CLIVE WALKER* Legal Education in England and Wales THE last official survey of university law teaching in England and Wales1 was the Ormrod Report in 1971.2 The Report discovered that legal education had been transformed since 1945 from a rather peripheral, ...
SSRN Electronic Journal, 2008
EUROPEAN DIMENSIONS: Recent Developments: Joint Venture Guidelines and Block Exemptions Regulated... more EUROPEAN DIMENSIONS: Recent Developments: Joint Venture Guidelines and Block Exemptions Regulated Industry and Competition in Community Law The Enforcement of EC Competition Law in the Domestic Courts of Member States The Nature and Purpose of Fines Under European Competition Law EC Merger Control EC-EFTA Competition Law NATIONAL VIEWS: UK Competition Law and Policy: A Retrospective The Proposed Changes Law: Aspects of German Competition Law.
PART I: EC Requirements for an Effective Remedy Rights and Remedies: Restraint or Activism? Enfor... more PART I: EC Requirements for an Effective Remedy Rights and Remedies: Restraint or Activism? Enforcing European Rights and Obligations in National Courts: Striking the Balance National Procedural Rules and Remedies: The Changing Approach of the Court of Justice Interim Relief in National Courts The Relationship between Actions for Annulment and References on Validity after TWD Deggendorf National Protection of Community Rights: Reconciling Autonomy and Effectiveness The Availability of Interdicts for Breach of EC Law before Scottish Courts Are National Remedies the Only Way Forward? Widening the Scope of Article 215(2) of the Treaty of Rome PART II: Remedies in Sex Discrimination Cases Remedies for Breach of EC Environmental Law in UK Courts Community Competition Law, Recovering Dames in the English Courts, New Area? False Dawn! The Community Trade Mark Courts, The Renaissance of an Epistemic Community? Remedies, the Common Market and Cultural Property Remedies After the Social Polic...
Legal education and professional training system in Turkey for lawyers, judges and prosecutors.