The Amicus Curiae phenomenon in Civil Law

Abstract

This chapter explores the emergence of the Amicus Curiae phenomenon in civil law jurisdictions, particularly in Latin America, Europe, and parts of Asia and Africa. While initially foreign to these legal systems, the practice of allowing third-party interventions through amicus briefs has been gradually adopted since the late 1990s, often influenced by developments in international law. The chapter examines the formal and informal incorporation of amicus participation in countries such as Brazil, Argentina, Poland, France, and Spain, as well as the evolving criteria and procedural rules governing their involvement. It also proposes a set of guiding principles and considerations for civil law countries seeking to regulate amicus participation, addressing issues such as transparency, credibility, format, and the rights and obligations of amici. The chapter concludes by reflecting on the parallels and divergences in the global spread of the amicus phenomenon across common law, civil law, and international legal systems.