Advocates General

Advocates General play a special role within the Court of Justice. They are neither judge nor prosecutor, yet they assist with each case and deliver their opinions on questions.

The Advocates-General assist the Court in its task. They deliver, in open court and with complete impartiality and independence, opinions in all cases, save as otherwise decided by the Court where a case does not raise any new points of law. Their duties should not be confused with those of a public prosecutor or similar body.

Although the Advocates General are full members of the ECJ, it is important to note that they are not judges and they do not take part in the court's deliberations. It is the role of the Advocates General to propose to the Court, in complete independence, a legal solution to the cases for which they are responsible. The Advocate General’s Opinion, although often in fact followed, is not binding on the Court.

5 of the 8 Advocates General are nominated as of right by the 5 big member states of the European Union: Germany, France, the United Kingdom, Italy and Spain. The other 3 positions rotate in alphabetical order between the 20 smaller member states; currently (2007), Slovenia, Slovakia and Portugal are thus represented. However, being only a little smaller than Spain, Poland has repeatedly requested a permanent Advocate General.