The Advocates General at the General Court

This article examines the introduction of Advocates General at the General Court, following the partial transfer of the preliminary reference jurisdiction under Article 267 TFEU to the General Court. It situates Advocates General within the broader context of two courts operating one unified preliminary reference procedure. It outlines the specific rules on the election, mandate, and dual role of Advocates General at the General Court, contrasting them with their counterparts at the Court of Justice. Particular attention is paid to the Advocates General’s procedural and advisory functions, including their involvement in determining the necessity of opinions and their role in identifying cases requiring referral back to the Court of Justice due to questions of principle or constitutional interpretation. The contribution highlights both the similarities and divergences in the functions of Advocates General across the two courts, ultimately raising questions about whether this reform will ensure coherence in EU judicial practice and withstand the test of time.

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Publication Details

Journal
SHILAP Revista de lepidopterología
Published
2025-12-17
DOI
https://doi.org/10.15166/2499-8249/857
Primary Topic
Legal Language and Interpretation
Type
article
Field-Weighted Citation Impact
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The Advocates General at the General Court

SHILAP Revista de lepidopterología
Legal Language and Interpretation
article

The Advocates General at the General Court

article en

Abstract

This article examines the introduction of Advocates General at the General Court, following the partial transfer of the preliminary reference jurisdiction under Article 267 TFEU to the General Court. It situates Advocates General within the broader context of two courts operating one unified preliminary reference procedure. It outlines the specific rules on the election, mandate, and dual role of Advocates General at the General Court, contrasting them with their counterparts at the Court of Justice. Particular attention is paid to the Advocates General’s procedural and advisory functions, including their involvement in determining the necessity of opinions and their role in identifying cases requiring referral back to the Court of Justice due to questions of principle or constitutional interpretation. The contribution highlights both the similarities and divergences in the functions of Advocates General across the two courts, ultimately raising questions about whether this reform will ensure coherence in EU judicial practice and withstand the test of time.

SHILAP Revista de lepidopterología
European Union (BE), Court of Justice of the European Union
Peace, Justice and strong institutions
Openalex Percentile: Top 22%
Legal Language and Interpretation
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