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Dr Sara Drake

Dr Sara Drake

Senior Lecturer in Law

School of Law and Politics

Email
drakes@cardiff.ac.uk
Telephone
+44(0)29 2087 4367
Campuses
2.08, Law Building, Museum Avenue, Cardiff, CF10 3AX
Users
Available for postgraduate supervision

Overview

I am a Senior Lecturer in European Union (EU) Law and EU Competition Law at Cardiff School of Law and Politics, Cardiff University. My main areas of research are:

  • The enforcement of EU rights before national courts;
  • The impact of Brexit on individuals' EU rights;
  • The effective enforcement of EU law and policy from an interdisciplinary perspective; 
  • The effective enforcement of EU air passenger rights (Regulation 261/2004).

Biography

I am a graduate in Law with French and have studied at the University of Nantes, France (Erasmus Programme), and Université de Sciences Sociales, Toulouse, France (Maîtrise en droit communautaire et international).  Following completion of my PhD, I taught EU law, EU competition law, and Irish contract law, at the National University of Ireland, Galway, Republic of Ireland, and was appointed Jean Monnet Lecturer in European Public Law in 2001.

I joined Cardiff University in 2003. I was Visiting Lecturer at the University of Nantes, France (2004), and Visiting Fellow at the European University Institute (EUI), Florence, Italy (2006). I was appointed UK (Alternate) Member, European Union's Economic and Social Committee, Brussels, from 2007-2011, and twice re-appointed from 2014-2015, 2015-2020. From 2008-2011, I was Deputy Convenor for the EU and Competition Law Panel of the Society of Legal Scholars. In 2010, I was invited as Visiting Lecturer at the University of Brescia, Italy.

I have acted as expert reviewer for the Netherlands Organisation for Scientific Research, a reviewer of book proposals for Cambridge University Press, Oxford University Press, Hart Publishing and Routledge, and a reviewer of journal articles for the European Law Review, Maastricht Journal of European and Comparative Law, European Public Law, Irish Journal of European Law, Journal of Law and Society and Legal Studies.

I am currently joint co-ordinator for the UACES Research Network on the Effective Enforcement of EU Law and Policy.

Professional memberships

Member of the Society of Legal Scholars (SLS)

Member of the Irish Association of Law Teachers (IALT)

Member of the European Consortium for Political Research (ECPR)

Academic positions

2001-2003: Jean Monnet Lecturer in European Public Law, National University of Ireland, Galway, Republic of Ireland.

1999-2001: Temporary Teaching Assistant, National University of Ireland, Galway, Republic of Ireland.

Committees and reviewing

Chair of Board of Undergraduate Studies

Member of Board of Postgraduate Studies

Publications

2020

2019

2018

2016

2010

2006

2005

2004

2003

Teaching

Undergraduate Teaching

Law of the European Union, Module Leader (Year 3)

Postgraduate Teaching

Competition Law, Module Leader

PhD Supervision

Matthew Cole - Tying Law in the European Union: Theory and Application (Complete)

Anneka Owens - Securing Equality Rights and Access to Justice in Wales (+3 ESRC Empiricial Studies in Law Funded Pathway)

Michelle Meiselles - Franchisees as consumers?

My main areas of research are:

  • The enforcement of EU rights before national courts;
  • The impact of Brexit on individuals' EU rights;
  • The effective enforcement of EU law and policy from an interdisciplinary perspective; 
  • The effective enforcement of EU air passenger rights (Regulation 261/2004).

The enforcement of EU rights before national courts; the impact of Brexit on individuals' EU rights 

My interest in this area of EU law, which dates back to my PhD, takes the individual as its starting point and focuses on how EU law has been developed to enable individuals to effectively enforced their rights before national courts. This includes researching the constitutional principles developed by the EU's Court of Justice and how they are applied by national courts. My work has been published in leading European law journals  (European Law Review, European Public Law, Irish Journal for European Law), and has been cited in the English Court of Appeal (Marks & Spencer v. Commissioners for Customs & Excise [2004] 1 CMLR 8 (29), Auld LJ).  I am the author of the leading journal article on the principle of indirect effect (or consistent interpretation) which has been in the top 10 downloads from European Law Review via Westlaw since 2012.  I have authored a study into how the principle of indirect effect (or Marleasing principle) has been applied by the UK courts (2018, Intersentia). I am currently researching the UK's constitutional disentanglement from the EU and its impact on the ability of individuals to enforce their EU-derived rights post-Brexit.

Interdisciplinary approaches to the effective enforcement of EU law; the effective enforcement of EU air passenger rights (Regulation 261/2004)

By research also extends beyond judicial enforcement to other avenues for the effective enforcement of EU rights.  My current work focuses on the effective enforcement of EU air passenger rights under Regulation 261/2004. I have authored a report for the European Parliament on the operation of Regulation 261/2004 (November 2018) which was quoted in the Financial Times. In April 2020, I published an article which explores why air passengers cannot effectively enforce their EU rights and calls for legislative reform (Maastricht Journal of European and Comparative Law). The UK's departure from the EU has led to the relaunch of the legislative process for recasting the Regulation. However, progress is now in doubt due to the impact of the COVID-19 pandemic on the aviation sector.  This work builds on interdisciplinary research conducted for a book I co-edited, New Directions in the Effective Enforcement of EU Law and Policy (2016, Edward Elgar).

I am the network co-ordinator of the UACES Research Network on the Effective Enforcement of EU Law and Policy (2018-2021).  The RN draws together scholars from multiple disciplines who are engaged in researching the enforcement of EU law and policy from different theoretical and empirical perspectives.  More details about our events, activities and blog posts can be found at www.euenforcement.com  You can follow us on Twitter @euenforcement

Supervision

I am interested in supervising PhD students in the areas of:

EU law, particularly in the field of remedies and enforcement.