Shaping EU Law the British Way: UK Advocates General at the Court of Justice of the European Union

This book examines the judicial reasoning offered by the UK Advocates General in over forty cases at the Court of Justice, which have influenced the shape of EU law. It places the Opinions in the wider context of the EU legal order and mixes praise with critique to determine their true contribution. The role of Advocates General at the Court of Justice remains under-researched, and this book fills the lacunae by offering an in-depth analysis of their contribution during the UK's membership of the EU.

Format: Hardback
Length: 696 pages
Publication date: 17 November 2022
Publisher: Bloomsbury Publishing PLC

In this comprehensive book, esteemed scholars of EU law, judges, and practitioners delve into the judicial reasoning offered by the UK Advocates General in over forty cases at the Court of Justice, which have profoundly shaped EU law. The authors contextualize the Opinions within the broader framework of the EU legal order, engaging in a balanced analysis that evaluates both the praiseworthy contributions and the areas for critique. This multifaceted approach aims to ascertain the true impact of the UK Advocates General before hearing their concluding reflections.

The role of Advocates General at the Court of Justice of the European Union has long been overlooked, with only a few notable exceptions. Despite their significant influence on the judicial discourse emerging from the Courts Palais in Luxembourg, their impact on the shaping of EU law has received limited attention. This book aims to bridge the research gap by providing an in-depth exploration of the ways in which the UK Advocates General have contributed to the development of EU law during the UK's 47 years of membership in the EU.

During their tenure, Advocates General Jean-Pierre Warner (1973-1981), Gordon Slynn (1981-1988), Francis Jacobs (1988-2006), and Eleanor Sharpston (2006-2020) delivered a staggering 1,400 Opinions. This remarkable contribution was further enriched by an Opinion delivered by a former Judge of the Court of First Instance, David Edward, who was called to act as an Advocate General in two joined cases in what is now the General Court. With the departure of the last UK Advocate General from the Court of Justice in September 2020, a significant era has come to an end. It is now opportune to reflect critically on the contributions made by the UK Advocates General to the development of EU law and to assess their lasting impact on the EU legal landscape.

The UK Advocates General have played a pivotal role in shaping EU law through their meticulous analysis, persuasive arguments, and commitment to advancing the principles of the EU. Their Opinions have provided valuable guidance to the Court of Justice and have influenced the development of EU law in numerous areas, including competition law, environmental law, and human rights law.

One of the key contributions of the UK Advocates General has been their ability to provide innovative legal interpretations and arguments. They have challenged conventional legal doctrines and proposed new approaches to complex legal issues, contributing to the evolution of EU law. For instance, in the case of R v. Secretary of State for the Environment, the UK Advocates General argued that the European Communities Act 1972 did not preclude the UK from implementing its own environmental laws, even if they conflicted with EU law. This groundbreaking interpretation paved the way for the development of EU environmental law and has had a lasting impact on the protection of the environment in the EU.

Another notable aspect of the UK Advocates General's work is their commitment to promoting the rule of law and judicial independence. They have consistently argued for the importance of judicial review and have defended the right of the Court of Justice to interpret EU law in a manner consistent with the Treaties. This has helped to ensure that EU law is applied fairly and consistently across all Member States and has contributed to the development of a strong and independent EU legal system.

However, it is important to note that the UK Advocates General's contributions to EU law have not been without criticism. Some have argued that their Opinions are too technical and difficult to understand, making it challenging for non-legal professionals to engage with them. Additionally, there have been concerns about the politicization of the role of the Advocates General, with some suggesting that they may be influenced by political considerations rather than solely by the law.

Despite these criticisms, the UK Advocates General have continued to play a vital role in shaping EU law. Their dedication to the principles of the EU, their commitment to judicial independence, and their innovative legal interpretations have contributed to the development of a robust and dynamic EU legal system. As the UK prepares to leave the EU, it is essential to assess the impact of the UK Advocates General's work and to consider how their legacy can be sustained in the future.

In conclusion, the role of Advocates General at the Court of Justice of the European Union remains under-researched and underappreciated. This book fills the gap by providing an in-depth analysis of the contributions made by the UK Advocates General to the development of EU law during their 47 years of membership. Through their meticulous analysis, persuasive arguments, and commitment to advancing the principles of the EU, the UK Advocates General have played a pivotal role in shaping EU law in numerous areas. While there have been criticisms of their work, their dedication to judicial independence and their innovative legal interpretations have contributed to the development of a strong and independent EU legal system. As the UK prepares to leave the EU, it is essential to assess the impact of the UK Advocates General's work and to consider how their legacy can be sustained in the future.

Dimension: 244 x 169 (mm)
ISBN-13: 9781509950003