Advocate General at the Court of Justice of the European Union

Nikolić, Sofija (2014) Advocate General at the Court of Justice of the European Union. Glasnik Advokatske komore Vojvodine, 86 (11). pp. 682-696. ISSN 0017-0933 eISSN 2683-5967

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Abstract

The work discusses the role of Advocate General at the Court of Justice of the European Union in detail. At the beginning, the origin of the institution and several status questions, such as the conditions for being elected for the duty, duration of the mandate, lack of possibility to connect with other functions, exception, immunity, etc., were pointed out. Primary task of the Advocate General is to formulate an opinion on the particular case, and to state it to the judges of the Court of Justice of the European Union, who are to make a decision. Advocate General is completely independent, both of the Court and the parties. For that reason, he can adopt objective attitudes and suggest solutions that are in accordance with the principles of justice and equity. Opinion of the Advocate General does not oblige the Court, but the judges rely on it in most cases. Advocate Generals can influence the development of legal practice, and thereby the development of the whole legal system of the European Union. This work describes the way that influence is realized.

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