Advocate General (noun):
1. A legal officer who provides independent and impartial advice to the European Court of Justice or a national court, typically in matters related to European Union law.
2. In some countries, a senior legal advisor to the government or a public prosecutor is responsible for representing the state’s interests in legal proceedings and providing legal opinions on various matters.
3. A person who actively supports or promotes a particular cause, idea, or policy, often through public speaking, lobbying, or other forms of advocacy. This term is commonly used in the context of social, political, or environmental activism.
Advocate General refers to a legal position within the European Court of Justice (ECJ) and the Court of Justice of the European Union (CJEU). The Advocate General is an independent legal advisor who assists the court in delivering impartial and well-reasoned opinions on cases brought before it.
The role of the Advocate General is to provide legal analysis and recommendations to the court, which are not binding but highly influential. They examine the facts and legal arguments presented by the parties involved in a case and offer an opinion on the interpretation and application of European Union law. This opinion aims to assist the judges in their decision-making process.
Advocates General are appointed by the Member States of the European Union for a renewable term of six years. They are selected based on their expertise and experience in European law. The Advocate General’s opinions are made public and are an essential part of the court’s decision-making process.
While the Advocate General’s opinions are not binding, they are often followed by the court as they provide valuable legal analysis and reasoning. However, the judges of the ECJ or CJEU are not obliged to adopt the Advocate General’s opinion and may reach a different conclusion.
In summary, the Advocate General is an independent legal advisor who assists the ECJ and CJEU in delivering well-informed opinions on cases brought before them. Their opinions are influential but not binding, and they play a crucial role in the interpretation and application of European Union law.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 11th April 2024.
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