00 Prelims 1038 31/10/02 8:50 am Page i THE CAMBRIDGE YEARBOOK OF EUROPEAN LEGAL STUDIES Volume 4, 2001 00 Prelims 1038 31/10/02 8:50 am Page ii The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in European Union Law, the Law of the Council of Europe, and Comparative Law with a European dimension, and particularly those which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, which is the research Centre of Cambridge University Law Faculty specialising in European legal issues. The papers presented are all at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the civil services of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. Editorial Advisory Board P ROFESSOR P HILIP A LLOTT , Trinity College Cambridge P ROFESSOR T ONY A RNULL , University of Birmingham C ATHERINE B ARNARD , Trinity College Cambridge M R D AN G OYDER CBE, Consultant Solicitor, Linklaters and Alliance, Visiting Professor of Law, King’s College London P ROFESSOR R OSA G REAVES , Durham University P ROFESSOR B OB H EPPLE , Clare College Cambridge P ROFESSOR D AVID O’K EEFFE , University College London LORD LESTER OF HERNE HILL S TEPHANIE PALMER , Girton College Cambridge D AVID V AUGHAN QC, CBE, Brick Court Chambers P ROFESSOR S IR D AVID W ILLIAMS QC, Emmanuel College, Cambridge P ROFESSOR D.A.W YATT QC, St Edmund Hall, Oxford 00 Prelims 1038 31/10/02 8:50 am Page iii The Cambridge Yearbook of European Legal Studies VOLUME 4, 2001 EDITED BY Alan Dashwood Christophe Hillion John Spencer Angela Ward OXFORD – PORTLAND, OREGON 2002 00 Prelims 1038 31/10/02 8:50 am Page iv Published in North America (US and Canada) by Hart Publishing c/o International Specialized Book Services 5804 NE Hassalo Street Portland, Oregon 97213–3644 USA © The Contributors jointly and severally 2002 The contributors have asserted their right under the Copyright, Designs and Patents Act 1988, to be identified as the authors of this work. Hart Publishing is a specialist legal publisher based in Oxford, England. To order further copies of this book or to request a list of other publications please write to: Hart Publishing, Salters Boatyard, Folly Bridge, Abingdon Rd, Oxford, OX1 4LB Telephone: 44 (0)1865 245533 Fax: 44 (0) 1865 794882 email:
[email protected] WEBSITE: http//:www.hartpub.co.uk British Library Cataloguing in Publication Data Data Available ISBN 1–84113–307–8 (hardback) Typeset by J & L Composition, Filey, North Yorks Printed and bound in Great Britain by Biddles Ltd, www.biddles.co.uk 00 Prelims 1038 31/10/02 8:50 am Page v CONTENTS List of Contributors Table of Cases Table of European Union Legislation Table of Conventions and Agreements 1. The Elements of a Constitutional Settlement for the European Union Alan Dashwood vii xi xli lvii 1 2. Harmonisation and Co-op