Understanding the role of the advocates general in the EU judicial system

This paper considers primarily the role of the Advocates General of the Court of Justice of the European Union (CJEU) in the post-Lisbon Treaty environment. That role has so far evolved alongside with the evolution of the CJEU itself. After providing a brief historical overview, the author focuses o...

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Main Author: Lukić Maja
Format: Article
Language:English
Published: Faculty of Law, Niš 2016-01-01
Series:Zbornik Radova Pravnog Fakulteta u Nišu
Subjects:
Online Access:http://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2016/0350-85011674129L.pdf
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author Lukić Maja
author_facet Lukić Maja
author_sort Lukić Maja
collection DOAJ
description This paper considers primarily the role of the Advocates General of the Court of Justice of the European Union (CJEU) in the post-Lisbon Treaty environment. That role has so far evolved alongside with the evolution of the CJEU itself. After providing a brief historical overview, the author focuses on the appointment of Advocates General and the composition of their cabinets, and discusses the relevance of the Advocates General in the post-Lisbon judicial architecture of the EU. The latter assumes consideration of the ongoing transformation of the EU judicial system. The second focal point of this paper is a discussion on the question whether Advocates General are still needed, and whether they shall be needed in view of the challenges the CJEU may reasonably be expected to face in the future. The reflection comprises arguments in favor and against keeping the institute of Advocates General within the CJEU structure. Upon balancing the provided arguments, it can be concluded that the mechanism of Advocates General is indispensable to the EU since its ongoing transformation requires constant creation of legal rules. The practice so far has proved the great value of Advocates General for that particular need.
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spelling doaj.art-9da13bb08ffe42b18d07676f4f912e7e2022-12-22T00:06:57ZengFaculty of Law, NišZbornik Radova Pravnog Fakulteta u Nišu0350-85012560-31162016-01-01557412914410.5937/zrpfni1674129L0350-85011674129LUnderstanding the role of the advocates general in the EU judicial systemLukić Maja0University of Belgrade, Faculty of Law, Belgrade, SerbiaThis paper considers primarily the role of the Advocates General of the Court of Justice of the European Union (CJEU) in the post-Lisbon Treaty environment. That role has so far evolved alongside with the evolution of the CJEU itself. After providing a brief historical overview, the author focuses on the appointment of Advocates General and the composition of their cabinets, and discusses the relevance of the Advocates General in the post-Lisbon judicial architecture of the EU. The latter assumes consideration of the ongoing transformation of the EU judicial system. The second focal point of this paper is a discussion on the question whether Advocates General are still needed, and whether they shall be needed in view of the challenges the CJEU may reasonably be expected to face in the future. The reflection comprises arguments in favor and against keeping the institute of Advocates General within the CJEU structure. Upon balancing the provided arguments, it can be concluded that the mechanism of Advocates General is indispensable to the EU since its ongoing transformation requires constant creation of legal rules. The practice so far has proved the great value of Advocates General for that particular need.http://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2016/0350-85011674129L.pdfCourt of Justice of the EUAdvocate GeneralTFEU255 panelCJEU reform
spellingShingle Lukić Maja
Understanding the role of the advocates general in the EU judicial system
Zbornik Radova Pravnog Fakulteta u Nišu
Court of Justice of the EU
Advocate General
TFEU255 panel
CJEU reform
title Understanding the role of the advocates general in the EU judicial system
title_full Understanding the role of the advocates general in the EU judicial system
title_fullStr Understanding the role of the advocates general in the EU judicial system
title_full_unstemmed Understanding the role of the advocates general in the EU judicial system
title_short Understanding the role of the advocates general in the EU judicial system
title_sort understanding the role of the advocates general in the eu judicial system
topic Court of Justice of the EU
Advocate General
TFEU255 panel
CJEU reform
url http://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2016/0350-85011674129L.pdf
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