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The Advocate General: Assisting the CJEU of Article 13 TEU to Secure Trust and Democracy

Published online by Cambridge University Press:  27 October 2017

Abstract

The Advocate General (AG) has been a permanent feature of the European Union judicial order since 1957. From two Advocates General (AGs) in a Community of six Member States and Court of seven judges, their number has risen to eight in a Union of 27 Member States, three courts and 61 judges. Their task under the Treaty has remained the same, as has their mode of recruitment. The Lisbon Treaty has, however, assigned a new task to the collective judiciary of the Union—under Article 13 TEU, it is to ‘serve’ the citizens of the EU. What does this mean, and in particular what does it mean for the AG—has the task of these non-decision making officers also changed? This chapter suggests that the objective of this new duty is to manufacture trust in the Court of Justice and argues that this requires more transparency at the CJEU and thus a new role for the Advocate General.

Type
Research Article
Copyright
Copyright © Centre for European Legal Studies, Faculty of Law, University of Cambridge 2012

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88 Art 2, Annex, Council Decision of 18 January [2005] OJ L50/7.

89 OJ L50/9. The first members included one former AG, Giuseppe Tesauro, and Leif Sevón (President), Christopher Bellamy, Yves Galmot, Peter Grilc, Gabriele Kucsko-Stadlmayer and Miroslaw Wyrzykowski. [2005] OJ L197/29. [1] Art 2 Council Decision of 18 January 2005 concerning the conditions and arrangements governing the submission and processing of applications for appointment as a judge of the European Union Civil Service Tribunal [2005] OJ L50/7.

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92 A lesson could be taken in the long term from the African Court of Justice (ACJ): although the African Union has 53 Member States, the ACJ has only 11 judges. Each Member State of the African Union may nominate one candidate from any of the Member States. See Magliveras, K and Naldi, G, ‘The African Court of Justice’ (2006) 66 Heidelberg Journal of International Law/ ZaöRV 187 Google Scholar.

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101 According to research comparing agreement in the highest courts, unanimity was most common in the South African Supreme Court and least common in the American Supreme Court Between 1970 and 2000, rates of unanimity were as follows: USA 42.9%; Australia 58.9%; Canada 75.6%; UK 81.2%; South Africa 90.9%. See blog by C Hanratty at www.ukscblog.com/dissenting-opinons-in-the-uksc.

102 The Treaties contain no provisions similar to those in the British Criminal Justice Act 1925.

103 A Alemanno, ‘Lets Make the European Court of Justice tweet’ at www.eutopialaw.com/2012/03/12/lets-make-the-european-courts-tweet-why-the-court-of-justice-should-embrace-social-media/#more-1068. Interestingly, given its status as a model constitutional court, the US Supreme Court has not adopted ‘tweeting’ or introduced cameras. It continues to publish only delayed recording of hearings and transcripts. I am grateful to Professor Craig Jackson at the Thurgood Marshall School of Law, Texas Southern University, for this insight.