The Elusive Influence of the Advocate General on the Court of Justice: The Case of European Citizenship

Yearbook of European Law, Forthcoming

iCourts Working Paper Series No. 70

19 Pages Posted: 17 Jun 2016

See all articles by Urska Sadl

Urska Sadl

European University Institute - Department of Law (LAW); University of Copenhagen - iCourts - Centre of Excellence for International Courts

Suvi Sankari

University of Helsinki - Faculty of Law

Date Written: June 15, 2016

Abstract

How much influence does the Advocate General (AG) have on the Court? What factors does her influence depend on? To answer these questions, we develop a model of AG influence, distinguishing between implicit and explicit influence, and apply the model to EU citizenship caselaw. We show, first, that two personal characteristics of the AG, career background and seniority, sway the Court to adopt the reasoning and the solution proposed in the opinion. Second, AG influence varies with Court composition: whereas resilient against many institutional and personal factors, the AsG will have less influence on the Grand Chamber. Against this backdrop we argue that AG influence (immediate and delayed) depends mostly on personal features of individual AsG with established reputations but is at the same time limited by institutional factors and the context of judicial decision-making.

Keywords: Court of Justice, Advocate General, EU Citizenship, Model of Influence, Legal Actors, Judicial Decision-Making

Suggested Citation

Sadl, Urska and Sankari, Suvi, The Elusive Influence of the Advocate General on the Court of Justice: The Case of European Citizenship (June 15, 2016). Yearbook of European Law, Forthcoming; iCourts Working Paper Series No. 70. Available at SSRN: https://ssrn.com/abstract=2796034 or http://dx.doi.org/10.2139/ssrn.2796034

Urska Sadl (Contact Author)

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
Italy
27914233 (Phone)
27914233 (Fax)

University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )

Studiestraede 6
Copenhagen, DK-1455
Denmark

Suvi Sankari

University of Helsinki - Faculty of Law ( email )

Yliopistonkatu 3
P.O. Box 4
Helsinki, FIN-00014
Finland

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