IMPACT OF UNIVERSITY RESEARCH ON EUROPEAN INSTITUTIONS: ADVOCATE GENERAL AT THE EUROPEAN COURT OF JUSTICE QUOTES SANT’ANNA FACULTY AND FORMER LAW STUDENT WORK

In a recent opinion in a case about road transport services, European Court of Justice Advocate General Evgeni Tanchev cited an article written by Professor of Public Law Giuseppe Martinico and former Law student Marta Simoncini on the Principe of Proportionality (‘An Italian Perspective on the Principe of Proportionality’, General Principles of Law. European and Comparative Perspectives, Hart Publishing, 2017).

The essay by Martinico and Simoncini was originally prepared for a conference on the ‘General principles of law’ which focused on areas of intersection between EU law and comparative law organized by the Institute of European and Comparative Law - University of Oxford, celebrating its 20th anniversary.

The decision issued on 23 November 2017 is expected to have an impact on companies operating in the transport sector in Europe and beyond. In note 45 Advocate General Tanchev said that whether the proportionality test may include a third step, according to Martinico and Simoncini, ‘the [Court] rarely reaches the third step of the test and this means that “the matter is settled by going through the levels of appropriateness (suitability) and necessity”’.

The essay by Martinico and Simoncini represents an example of how EU policy and practise would benefit from academic inputs. Opinions given by ECJ advocate generals are normally followed by the full court. This opinion is significant because a binding ruling would redefine the notion of cabotage operation throughout the European Union.

Click here to view the Opinion delivered on November 23, 2017.

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