Advocate general (European Union)

Modelled after the French commissaire du gouvernement [fr], the position of advocate general was created together with the European Court of Justice in 1951, when the Treaty of Paris was signed.

During negotiations that led to its signing, the French delegation resented the possibility of dissenting or concurring opinions on the cases.

[3] Therefore, Maurice Lagrange, part of the delegation who would later become the first advocate general appointed to the court,[4] proposed that such views be presented by an advocate general, who would perform a similar function to that of the French commissaire du gouvernement [fr] (equivalent to the rapporteur public [fr] since 2009).

[5][6][7] The commissaire is tasked with offering legal advice to the Conseil d'État, the highest administrative court.

[12] Because the UK left the European Union in 2020, there are now five member states (the most populated ones) entitled to appoint their own advocates general.

[3][11][12] Each advocate general serves a six-year term, may be reappointed and, barring disciplinary removal or resignation, is not removable during the term;[7] however, given the rotational nature of the appointments from countries without a permanent member, these extensions are effectively limited to the five countries that may send their own advocates general.

[3] For three decades after its creation, the position was rotated between each of the advocates general,[6] but Melchior Wathelet was the first person to have been elected more than two times and the first to have served consecutive terms.

They are appointed by mutual accord of the national governments after consultations with a special panel (a so-called "Article 255 panel") that screens the candidates and issues non-binding opinions on their suitability for office;[17][a] The advocates general should be eligible for service in the highest national courts or be lawyers "of recognised competence", and should exhibit independence.

[7] For instance, arrangements in which certain advocates general specialise in one particular broad topic are often avoided so that the cases can be approached from different perspectives and thus give more material from which the Court of Justice may draw its conclusions.

[3] According to the Article 20 of the Statute of the ECJ, the designated advocate general is present during the interactions with the parties.

[22] Historically, particularly until the 1980s, the opinions of the advocates general closely followed the judicial interpretations of the ECJ, but since then, the rulings have become somewhat less reverential towards them.

[24] The judgment of the ECJ is only drafted after receiving advocate general's opinion, though some preparations are possible if the judge rapporteur and his référendaires (clerks) understand the language of the procedure.

[26] Note: Current advocates general are bolded; the expected end of their terms is mentioned in italics.