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	text:  larger  smaller		Derrick Wyatt Visiting Professor  Derrick Wyatt has been a Fellow of St. Edmund Hall since 1978, and was given the title of Professor in 1996. His teaching commitments include constitutional law, administrative law, EC law, and European Business Regulation. Practises as a barrister (Queen's Counsel 1993) from Brick Court Chambers. Has advised and represented governments, public bodies, and businesses on matters of EC law, and has appeared in numerous cases before the Court of Justice of the European Communities. Member of Editorial Committees of British Yearbook of International Law (OUP), Yearbook of European Law (OUP), and Croatian Yearbook of European Law and Policy (University of Zagreb).Co-author of Wyatt and Dashwood's European Union Law, Sweet and Maxwell, 2006. Editor, Rudden and Wyatt's EU Treaties and Legislation, OUP, 2004. Other Teaching experience, Public Lectures and other activities: Lecturer in the University of Liverpool, 1971-75;Fellow of Emmanuel College Cambridge, 1975-78; Visiting Professor, Florida State University, 1988; participation in European Law LLM at University of Amsterdam, 1994, 1995; European Law "workshops" organized by Clyde & Co./University of Helsinki, in Finland in 1988, 1993, and 1996. Lectures and conferences at universities in the UK and abroad, latterly in Warsaw (2003) and Zagreb (2004 and 2006). Has given evidence to the German Parliament (1996) on subsidiarity and to the House of Lords EU Committee (2004) on the proposed monitoring of subsidiarity by national parliaments under the Treaty Establishing a Constitution for Europe.Gave special assistance to the Bank of England Financial Markets Law Committee in the preparation of Issue 69, Working Group on the Proceeds of Crime Act, 2002 (published January 2005). Subject groups : Comparative Public Law : European Business Regulation : European Community Law All | Recent | Selected Publications    sorted by selection | sort by year D Wyatt, 'Sections on (a) critical analysis of subsidiarity, (b) legal effects of international agreements (c) free movement of goods and intellectual property rights (d) establishment and services, corporate establishment/cross border acquisitions/company law' in DA. Wyatt, A. Arnull, A. Dashwood, M. Dougan (eds), Wyatt and Dashwood's European Union Law 5th edition (Thomson Sweet & Maxwell 2006) Other notes:103-110; 188-202; 635-661; 739-741; 749-912; 944-959. These sections were substantially up-dated from the previous edition. Chapter 20 is a new chapter, and the sections on capital movement, "golden share" and company law harmonisation are entirely new ISBN: 0-421-92560-4 D Wyatt, Community Competence to Regulate the Internal Market in Michael Dougan and Samantha Currie (eds), 50 YEARS OF THE EUROPEAN TREATIES (SSRN - Oxford Legal Studies Research Paper No. 9/2007; Hart Publishing, Oxford and Portland, Oregon, Chapter 5, pp. 93-136 2009) DOI: http://ssrn.com/abstract=997863 Abstract: The claim of the Court of Justice in the Tobacco Advertising case that the Community institutions lack a general competence to regulate the internal market does not withstand critical examination. The Tobacco Advertising case contained both competence restricting and competence enhancing elements. The principal competence restricting elements were (a) that obstacles to trade could be addressed by removal of the obstacles, but not by a ban on the subject matter of the trade; (b) that harmonisation could only be justified by distortions of competition if those distortions were appreciable; (c) that in principle all provisions of a contested internal market measure must contribute to the internal market aims of the measure in question. The principal competence enhancing element was the proposition that a measure which makes some contribution to the internal market may be adopted as an internal market measure even if its main aim is public health protection; despite the fact that harmonisation of public health requirements is in principle ruled out by the Treaty. A further competence enhancing element was that the Court adopted an impressionistic approach to assessment of the requirement that distortions of competition must be appreciable if they were to justify harmonisation, leaving open the possibility that this requirement might be relaxed or sidestepped by the lawmaking institutions. The competence restricting elements of the Tobacco Advertising case have been contradicted or eroded by subsequent case law, such as the British American Tobacco case, and the Swedish Match case. After the latter case, obstacles to trade can be addressed by simply banning the trade. After the British American Tobacco case, it seems that hypothetical obstacles to trade, resulting from disparities between national labelling rules, can be addressed by eliminating the disparities in question, even if this makes no contribution to cross border trade in the products in question. In the Leitner case, the Court confirms that its approach to the requirement adopted in Tobacco Advertising, that distortions of competition must be appreciable in order to justify harmonisation, will be an impressionistic one. And in Rundfunk the Court considers that as long as a measure makes a contribution to the internal market, it is legitimate for that measure to regulate situations which have no link at all with freedom of movement - something of a retreat from the Tobacco Advertising case, but in line with case law dating from the 1960s which gives wide reading to competence to coordinate national social security rules in order to provide freedom of movement for workers. More broadly, it is noted that Community competence has not in practice been confined to removing obstacles to trade and distortions of competition, but extended to harmonising national rules which facilitate freedom of movement and to removing differences between national rules which create uncertainty for those contemplating cross border transactions. This aspect of Community competence to regulate the internal market is potentially far reaching, and could lead to the use of such measures as instruments of general governance. This does not seem consistent with a scheme of attributed competences, nor with a system in which decisions are to be taken "as closely as possible to the citizen," in accordance with the principle of subsidiarity. ISBN: 978-1-84113-832-9 D Wyatt, 'Could a \'Yellow card\' for national parliaments strengthen judicial as well as political policing of subsidiarity?' (2006) 2006 (2) Croatian Yearbook of European Law & Policy 1-17 DOI: http://ssrn.com/abstract=1008467 Abstract: It is argued that subsidiarity should be interpreted, in accordance with the principle of effectiveness, as requiring that the Community should only act where the objectives of the proposed action can only be achieved at Community level. Subsidiarity has not so far been an effective brake on action by the European institutions, and the Court's scrutiny of Community acts for compliance with subsidiarity has been undemanding. The Constitution Treaty seeks to confirm and strengthen application of subsidiarity. Monitoring by national parliaments, and in particular the possibility for one third to object to a proposal on subsidiarity grounds, thus "showing a yellow card," could lead to improved compliance with subsidiarity by the lawmaking institutions; and the "yellow card" procedure could change the dynamics of judicial enforcement of subsidiarity. Where national parliaments "raised a yellow card," but the Commission maintained its draft, one possibility (which the present writer would advocate) would be that in any subsequent judicial proceedings the Court of Justice would require the Commission to demonstrate that the national parliaments had made a manifest error of appraisal in objecting to the draft act on subsidiarity grounds. Giving teeth to subsidiarity by entrusting national parliaments with responsibility for monitoring its application, and reinforcing that responsibility with an appropriate judicial response from the Court of Justice, could enhance the sense of "ownership" of the European project at national level. Although it appears unlikely that the Constitution Treaty will come into force, that fact need not prevent the introduction by other means of subsidiarity monitoring by national parliaments, and the adoption by the Court of Justice of the approach indicated. ISBN: 1845-5662 D Wyatt, Community Competence to Regulate Medical Services in Dougan and Spaventa (eds), Social Welfare and EU Law (Hart Publishing 2005) DOI: http://ssrn.com/abstract=1008472 Abstract: The writer considers the extent to which the EC Treaty applies to the provision of medical services, and refers inter alia to case law of the Court of Justice which holds that hospital services provided within the framework of national social security schemes fall within the freedom to provide services. The writer examines the extent to which treating such medical services as falling within the internal market brings with it the possibility of regulation by the Community institutions under Article 95 EC, notwithstanding the fact that the title on Public Health excludes the possibility of harmonisation. ISBN: 1-84113-490-2 Correspondence address: St Edmund Hall, Oxford, OX1 4AR Link to St Edmund Hall Link to University email/phone directory in new window