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

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In this book, leading scholars of EU law, judges, and practitioners unpack 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. The authors place the Opinions in the wider context of the EU legal order, and mix praise with critique in order to determine the true contribution of the UK Advocates General, before hearing the concluding reflections by the UK Advocates General themselves. The role of Advocates General at the Court of Justice of the European Union remains notoriously under-researched. With a few notable exceptions, not much ink has been spilled on analysing their contribution to the judicial discourse that emerges from the Courts Palais in Luxembourg. More generally, their impact on the shaping of EU law is only sporadically explored. This book fills the lacunae by offering an in-depth analysis of the way in which the UK Advocates General contributed to development of EU law during 47 years of the UKs membership of the EU. During their terms of office, Advocates General Jean-Pierre Warner (1973-1981), Gordon Slynn (1981-1988), Francis Jacobs (1988-2006), and Eleanor Sharpston (2006-2020) delivered over 1400 Opinions. This staggering contribution of the four individuals and their cabinets of legal secretaries was supplemented by an Opinion of a then 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 last UK Advocate General departing from the Court of Justice in September 2020, an important era has ended. With this watershed moment, it is apt to take a look back and critically analyse the contribution to development of EU law made by the UK Advocates General, and to elucidate the lasting impact they have had on the nature of EU law.

Reviews

For almost half a century British Advocates General brought rigour and creativity to the EUs highest court, while explaining its case law to a common law audience. This book analyses their contribution, and reminds us all of what we have lost. * David Anderson QC, Lord Anderson of Ipswich, Brick Court Chambers, and House of Lords *
Advocates General are often the unsung heroes of EU law. They think hard and creatively. They write the first draft of the judgment which the courts can then work with or against. The British Advocates General have contributed a lot to the development of EU law. This book shines an important light on the extraordinary influence. * Catherine Barnard, Professor of European Union Law, University of Cambridge *
The jury might still be out deliberating whether there is any distinctly British Way of exercising the role of Advocate General at the Court of Justice. What will nonetheless be obvious to any reader of this book is that selecting brilliant lawyers who did have the privilege of assisting the Court for extended periods of time born fruit, both in terms of enhancing the quality of judicial deliberations of the Court as well as in enabling a Member State to project own ideas, approaches, and legal culture onto the European level. This book is a fitting celebration of that achievement and of a group of remarkable jurists. * Michal Bobek, former Advocate General, Court of Justice of the European Union *
The voice of the EU's apex court is a collective one and on occasion its reasoning suffers as a result. The Advocate Generals voice is very much her or his own, and that single clear voice has often enhanced our understanding of the Courts judgments, or even convinced us that the Court has taken a false step. I have always thought that the British were amongst the leading exponents of the Advocate Generals art. This book proves me right. * Derrick Wyatt QC, formerly of Brick Court Chambers, Emeritus Professor of Law, University of Oxford *

Author Bio

Graham Butler is Associate Professor of Law, Aarhus University, Denmark. Adam Lazowski is Professor of EU Law, Westminster Law School, University of Westminster, (UK), Visiting Professor at College of Europe (Natolin) and at Ivan Franko National University in Lviv (Ukraine).