N Burrows

The Advocate General and EC law.

The prominence of the Advocate General is one of the most distinctive, and controversial, features of the European Court of Justice. The Advocate General and EC Law is the first comprehensive study of the Advocate General and his role in the development of EC Law. The book examines the history of the role, the questions over its future, and the roles importance in the procedures of the Court. The book also analyses the contribution of some of the most influential Advocates General to the development of specific aspects of Community law, including Francis Jacobs on intellectual property, Walter van Gerven on discrimination and Jean Pierre Warner on competition procedure. The book explores the contributions of a range of Advocates General to specific principles of Community Law, including state liability and direct effect.

Scotland’s European Strategy

The United Kingdom’s system of devolution is famously asymmetrical. In so far as Scotland is concerned, the Scotland Act (1998) created the Scottish Parliament with powers to legislate in any area that was not reserved to Westminster. Powers were transferred from ministers of the crown to Scottish ministers in areas of devolved competence. As if to demonstrate the subordinate position of the Scottish Parliament, the Scotland Act specifically provides that the Act does not affect the power of the UK Parliament to make laws for Scotland (Section 28(7)). International relations, including relations with the EU, are reserved matters with the exception that observing and implementing obligations under Community law are not reserved, and neither is assisting ministers of the crown in EU matters (Schedule 5.7). Given the general reservation of EU matters, it is perhaps surprising that in 2004 the (then) Scottish Executive published The Scottish Executive’s European Strategy, implying that a strategy for Europe could exist independently of the UK strategy (Scottish Executive 2004). This chapter deals with actions and issues arising from that strategic approach.

The International Approach to Discrimination

Discrimination based on sex appears to be a universal phenomenon. In historical terms, it may not have been presented as a problem as early as other forms of discrimination, such as discrimination based on race, religion or caste, but it has been equally as pervasive. The differential treatment of men and women seems to underlie all societies, and is seen to be part of the natural order, or sometimes as divinely ordained. This differentiation is perhaps inevitable, given that men and women have different reproductive capacities, but it is not clear why differentiation in this one area should inevitably lead to discrimination. Yet it seems to be the case that women, as a group, have traditionally been treated as the inferiors of men, and their contribution to society has consistently been disvalued. Discrimination is not a legal concept, it is a social phenomenon and results from a combination of factors. None the less, the law has supported and legitimated the existence of discriminatory practices. Legal traditions, reflecting social and cultural traditions, have recognised and built on sexual differentiation. This recognition has itself reinforced social and cultural traditions — thereby giving rise to gender stereotypes.