Law in the European Union: The Role of the Advocate General

In: The journal of legislative studies, Band 10, Heft 1, S. 1-8

Abstract

The status, procedural functions, & importance of opinions of Advocates General in the European Court of Justice are studied. After exploring the origins of the Advocates General, it is demonstrated that Advocates General & judges on the European Court of Justice exist in a nonhierarchical relationship but that the former are essentially judges who do not adjudicate. Several aspects of the procedural functions of the Advocates General are then explored including the regulations regarding the allocation of cases to Advocates General & their delivery of opinions. The methods used by Advocates General in writing their opinions, the influence of their opinions upon Court judges, & the negative consequences of Court judges' inability to respond to such opinions are subsequently discussed. Modifications to the role of Advocates General enacted by the Treaty of Nice are considered, & their future within the European Court of Justice is briefly addressed. J. W. Parker