Advocate General of the European Court of Justice

Advocate General of the European Court of Justice
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Name	Advocate General of the European Court of Justice
Department	Court of Justice of the European Union
Type	Judicial adviser
Seat	Luxembourg City
Formation	Treaty of Rome

Advocate General of the European Court of Justice The Advocate General is an independent judicial officer attached to the Court of Justice of the European Union based in Luxembourg City, established by the Treaty of Rome and operating within the legal framework of the European Union. Advocates General deliver reasoned submissions in cases before the Court of Justice of the European Union and influence judgments of the European Court of Justice, interacting with national courts such as the Court of Cassation (France), the Bundesverfassungsgericht, and the Supreme Court of the United Kingdom (before 2020).

Overview

The office originates from the early practice of the European Coal and Steel Community and was formalized under the Treaty of Rome and later the Treaty of Lisbon, paralleling roles in national systems like the Conseil d'État (France), the Advocates General at the Court of Justice of the European Union (historical roles), and the Procurator General of Russia in function. Advocates General are distinct from Judge of the European Court of Justice positions and have analogues in institutions such as the European Court of Human Rights and the Court of Auditors. The position has evolved alongside instruments like the Charter of Fundamental Rights of the European Union, the Schengen Agreement, and rulings interpreting treaties like the Maastricht Treaty and the Amsterdam Treaty.

Role and Functions

An Advocate General prepares independent legal opinions called "advices" addressing points of EU law raised in cases before the Court of Justice of the European Union, including questions referred under the preliminary ruling procedure by national courts such as the Conseil d'État (France), the Bundesgerichtshof, and the Corte Suprema de Justicia de la Nación (Argentina) in comparative discussions. Opinions cover areas governed by instruments like the Treaty on European Union, the Treaty on the Functioning of the European Union, the General Data Protection Regulation, and directives from the European Commission; they analyze sources including judgments of the European Court of Human Rights, opinions of the Advocate General of the European Court of Justice (individuals), and scholarship tied to scholars from institutions like Harvard Law School, Max Planck Institute for Comparative Public Law and International Law, and Université Paris 1 Panthéon-Sorbonne. The Advocate General may suggest legal reasoning affecting markets regulated by the European Central Bank, competition overseen by the European Commission (Competition), and policies influenced by the European Council and the Council of the European Union.

Appointment and Tenure

Advocates General are appointed by common accord of the governments of the member states represented in the European Council for renewable terms, modeled after procedures found in national appointments such as those to the Supreme Court of the United States, the Conseil constitutionnel (France), and the House of Lords (UK) prior to reform. Tenure interacts with rules derived from treaties including the Treaty of Lisbon, and removal or disqualification refers to standards similar to those applied by the European Court of Human Rights and national constitutional courts like the Constitutional Court of Spain. Appointees have historically been drawn from national judiciaries, academic posts at universities such as University of Oxford, Università degli Studi di Roma "La Sapienza", and administrative bodies like the European Commission.

Notable Opinions and Influence

Significant Opinions include submissions that shaped landmark rulings on cases touching on free movement and market law exemplified by jurisprudence akin to Cassis de Dijon, Van Gend en Loos, and Costa v ENEL; Advocates General have influenced outcomes on issues connected to instruments such as the Services Directive, the Working Time Directive, and the General Data Protection Regulation. Prominent advocates (by office) have produced influential reasoning echoed in national decisions of the Bundesverfassungsgericht, the Cour de cassation, and the Supreme Court of Ireland; their advices are frequently cited by scholars at the European University Institute, commentators in the Financial Times, and practitioners at chambers like Brick Court Chambers and firms engaged before the European Court of Justice. Opinions have also intersected with political events such as deliberations in the European Parliament and enforcement actions by the European Commission (Competition).

Relationship with the Court and Jurisprudence

Although not a member of the bench that delivers final judgments, the Advocate General forms part of the Court's judicial ecosystem and interacts closely with Judges of the Court of Justice of the European Union, chambers modeled after panels in the International Court of Justice, and legal advisers comparable to those in the European Court of Human Rights. The advisory role has institutionalized pathways for harmonization between national courts including the High Court of Justice (England and Wales), the Audiencia Nacional (Spain), and constitutional tribunals such as the Constitutional Council (France), contributing to the development of doctrines on supremacy and direct effect tied to the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights of the European Union. The Court may follow, diverge from, or adapt an Advocate General's reasoning; major cases demonstrate how advices have shaped doctrines later referenced by bodies like the European Central Bank, the European Investment Bank, and academic centers including the Max Planck Institute for Comparative Public Law and International Law.

Category:European Union law