Advocate general (European Union)

In the European Union, the advocates general (French: avocats généraux, singular: avocat général) are high-ranking functionaries serving in the European Court of Justice (ECJ). Modelled after the French commissaire du gouvernement, the position of advocate general was created together with the European Court of Justice in 1951, when the Treaty of Paris was signed.

The advocate general participates in the court cases and may question the parties, after which they craft their opinions, though in the case when no new point of law is raised, it is not needed. It is only after their opinion that the Court of Justice starts to make its judgment. While the advocate general's opinion is not binding for the ECJ nor for the courts in the member states, their conclusions are often taken into consideration and are often indicative of the ruling by the Court of Justice in the case.[1][2][3]

Since 2020, there are eleven advocates general appointed for six-year terms, five of whom are designated from the largest member states in the EU (Germany, France, Italy, Spain, and Poland) and the other six members are appointed between the other member states. The first advocate general, who is tasked with assigning the cases to her or himself or their fellow advocates general and has some powers related to judicial review of the General Court cases, is elected for a three-year term among these eleven people. Ad hoc advocates general may also be appointed for cases before the General Court among the judges working in the court, but this possibility is not used now.

  1. ^ Właź, Aureliusz (2021-10-10). "Instytucje Unii Europejskiej" (PDF) (in Polish). p. 26. Archived (PDF) from the original on 2018-11-04. Retrieved 2021-10-10.
  2. ^ O'Leary, Naomi. "Irish judge appointed as advocate general to Courts of Justice of EU". The Irish Times. Retrieved 2021-10-10.
  3. ^ Cite error: The named reference :5 was invoked but never defined (see the help page).

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