Advocate General in the European Court of Justice

The role of the Advocate General within the European Court of Justice (ECJ) is pivotal to the judicial process of the European Union. Established concomitantly with the ECJ in 1951 through the signing of the Treaty of Paris, the Advocate General provides independent and impartial opinions on cases to assist the court in making informed decisions.

Function and Appointment

As of current provisions under Article 19 of the Treaty of the European Union and Article 252 of the Treaty on the Functioning of the European Union, the ECJ comprises 27 judges and 11 Advocates General. The European Council, with unanimous consensus, holds the authority to increase this number upon the ECJ's request.

Historical Evolution

Initially, the court appointed two Advocates General from Germany and France. Subsequent enlargements of the European Union led to the inclusion of Advocates General from the United Kingdom and Italy in 1973, Spain in 1995, and Poland in 2013.

Role in Court Proceedings

The Advocate General actively participates in the adjudication process, analyzing cases and presenting thorough opinions that advise the judges. These opinions, while not binding, are influential in the final rulings. The Advocate General is especially crucial in complex cases where their expertise provides clarity and direction.

Notable Figures

Several distinguished figures have served as Advocates General. Pedro Cruz Villalón, for instance, was notable for his tenure as an Advocate General and previously served as the chief justice of the Constitutional Court of Spain. Others, such as Michal Bobek, have also contributed significantly, drawing on their extensive legal backgrounds to enrich the court's proceedings.

Interaction with Other Courts

Despite the Advocate General's primary association with the ECJ, there was provision for the appointment of ad hoc Advocates General by the General Court of the European Union among its judges, although this practice is not currently in use.

European Court of Justice and the Court of Justice of the European Union

The European Court of Justice (ECJ) and the Court of Justice of the European Union (CJEU) are central components of the judicial architecture of the European Union (EU). These institutions play essential roles in ensuring the uniform interpretation and application of EU law across its member states.

The Court of Justice of the European Union

The CJEU is the overarching judicial authority of the EU, consisting of three distinct courts: the European Court of Justice, the General Court, and the Civil Service Tribunal, though the latter was dissolved in 2016. Established under the Treaty of Rome in 1957, the CJEU interprets EU law to ensure its equal application across all EU member states.

Structure and Composition

European Court of Justice (ECJ): As the supreme court of the EU, the ECJ primarily addresses requests for preliminary rulings from national courts, actions for annulment, and appeals.
General Court: Formerly known as the Court of First Instance, the General Court deals with cases brought by individuals and companies directly before the EU courts, as well as some cases between EU institutions.

Functions and Jurisdiction

The ECJ ensures the consistent application and interpretation of European law, adjudicating disputes between EU member states, institutions, businesses, and individuals. It also provides legal advice on EU treaties and can impose fines on EU member states for failing to comply with its judgments.

The CJEU also plays a critical role in the development of EU law by issuing preliminary rulings, which guide national courts on the interpretation of complex EU laws. This function is vital in maintaining the coherence of the EU’s legal system.

Advocate General

An essential function within the ECJ is performed by the Advocate General, who provides reasoned submissions on cases brought before the court. These opinions are advisory but highly influential on the court's decision-making.

Historical Role and Influence

The CJEU has played an instrumental role in shaping the EU's judicial landscape. Landmark rulings such as Van Gend en Loos (1963) established the principle of direct effect, asserting that EU law can confer rights on individuals which national courts are bound to recognize and enforce. This and similar judgments have consolidated the EU’s legal system and expanded its jurisdiction.

The CJEU has also been pivotal in advancing the process of European integration and reinforcing the EU's status as a unique supranational entity. Its interpretations of the Treaty on European Union and the Treaty on the Functioning of the European Union have been crucial in the evolution of EU law.