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 ?
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.
In total, the term of office of 14 judges and five advocates-general will expire on 6 October 2018.
Judgements and conclusions of the advocates-general are available on the court's website on the day they are delivered and later in the reports of cases before the Court of Justice and the Court of First Instance.
The court is not bound by the opinions of its advocates-general but tends to endorse them.
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.
Three new judges and three advocates-general were sworn in at a solemn session at the EU Court of Justice on 6 October, pledging to carry out their office conscientiously and with impartiality and not to reveal details of deliberations.
At its Luxembourg headquarters on October 7, the European Court of Justice will be holding an official ceremony for the departure of some of its Judges and Advocates-General and the swearing-in of their successors.
Two new Advocates-General have been named: Juliane Kokott (Germany) and Luis Miguel Poiares Pessoa Maduro (Portugal).
Advocates-General act with complete impartiality and independence and the Court of Justice is not bound by their Opinions.
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.

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