Lecture by Advocate General L.A. Geelhoed

By Joonchul Noh

This lecture consisted of questions from the students and answers of the Advocate-General.

Q1. present your work briefly

There are 25 Judges and 8 Advocates-General at the Court of Justice. An Advocate-General is obliged to bring an opinion about a case. We interpret the EC Treaty and prepare an opinion according to the fundamental principles of EC Law. My specialty is economic law.

Q2. Is there time limit to bring opinion?

Yes. In a simple case, the time limit is 6 weeks after the hearing, whereas in a more complicated one, it is 8 weeks after the hearing.

Q3. How many cases do you deal with per year?

35~40 cases. I work with 3 senior lawyers.

Q4. How often does the court follow your opinion?

It depends. I cannot say decisively: sometimes the Court follows my opinion, sometimes not.

Q5. Do you have time for social activities?

Yes. Although I work 60 hours a week, I play sports in my free time and maintain my network of contacts, both in Luxembourg and at home in the Netherlands.

Q6. Do you refer to doctrine when you write your opinion?

Yes. Doctrines are one of most important sources for interpreting the law.

Q7. Do you take into account political elements when writing your opinion?

No. When I write my opinion, I am only interpreting the law, especially the provisions of the Treaty.

Q8. In Common law countries, Judges seem to make law. Compare your work with the work of those Judges.

When legislation is not passed in time in Parliament, the Advocate-General plays a part in filling in the gap.

Q9. To be Advocate General, which background is better: lawyer or Judge?

I was neither a lawyer nor a Judge. I studied law and economics.

Q10. Do you discuss cases with colleagues?

No. My work is independent. I prepare an opinion by myself.

Q11. Is there anything you can do if court does not follow your opinion?

No. If the court does not follow my opinion but adopts some other reasoning, the Advocate-General cannot do anything. My job is just to bring an opinion before the Court.

Q12. What was the most important case that you dealt with?

The Baumbast case, dealing with immigration law and workers' rights.

Webdesign by Olena Goloborodko