Advocate-General

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Advocate-General

an officer who assists the COURT OF JUSTICE OF THE EUROPEAN UNION. Advocate-Generals are not members of the Court but are selected in much the same way and have to be equally qualified. It is a peculiarly European office, so does not have an obvious analogy in UK procedure. The Advocate-General will appear at the hearing and may ask questions of parties. Thereafter in open court the Advocate-General will deliver an opinion on the legal position. Thereafter the matter is considered by the Court without the Advocate-General. As the Court does not sometimes express detailed judgments, again in the continental tradition, the opinion, if followed, is a useful indication of the possible reasoning of the Court and is accordingly published along with the decision in the official reports.
References in periodicals archive ?
8 (BNA): His Majesty King Hamad bin Isa Al Khalifa today issued Royal Order 20/2019, appointing puisne judges, advocates-general, court presidents and chief prosecutors.
Second: Court presidents and advocates-general at the High Civil Court of Appeal:
The partial renewal will see the term of office of 14 judges and five advocates-general expire on 6 October 2018.
With the appointment of Mr Hogan, the Council has, since February 2018, appointed a total of 12 judges and four advocates-general for a term of office running from 7 October 2018 to 6 October 2024.
Three new advocates-general will be appointed to the EU Court of Justice, rather than one or two, as proposed by the Portuguese EU Presidency in Luxembourg (see Europolitics 3393) and at the start of the night of negotiations on 18 October at the Lisbon European Council.
The other 21 member states will also be able to appoint an advocate-general on a rotating basis every 24 years, rather than every 56 years, as a result of the increase in the number of advocates-general - from three to five - appointed on that basis.
On 6 October 2018, the term of office of 14 judges and five advocates-general will expire.
The ECJ has 25 judges, one from each member state, and eight advocates-general. The Court of First Instance has 25 judges, one from each member state, and no advocates-general.
Advocates-General act with complete impartiality and independence and the Court of Justice is not bound by their Opinions.
On 28 February 2018, the representatives of the governments of the member states appointed nine judges and three advocates-general to the Court of Justice of the European Union.
Mr Yves Bot (France), Mr Giovanni Pitruzzella (Italy) and Mr Maciej Szpunar (Poland) were appointed as advocates-general. The appointment of Mr Bot and Mr Szpunar was a renewal of their term of office.
The Opinions of the Advocates-General are not binding, but in practice they are upheld by the full Court in four cases out of five.The Opinion, if upheld, would fill in one of the unanswered questions after 1995 Bosman ruling which outlawed quotas on non-nationals in football clubs.

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