advocate general article

On 20 September 2022, Advocate General Rantos delivers his Opinion on the much-awaited Case C-252/21 (Meta Platforms v. Bundeskartellamt). He is responsible to advise the state government on the legal matters that the governor refers to him. Faut-il maintenir le commissaire du gouvernement? Mr. Narayan was appointed as the Advocate General of the State in August 2017 after senior counsel R. Muthukumaraswamy (since dead) tendered his resignation just days before completing one year in . Opinion of AG Tesauro in Joined Cases C-120/95 and C-158/96 Nicolas Decker and Raymond Kohll ECR I-1831, para 50. he must meet one of the following eligibility criteria: A barrister having experience of more than 5 years. In Pakistan an advocate general of the Province of the Punjab is a constitutional post and is an authority duly appointed under Article 140 of the Constitution of Islamic Republic of Pakistan. Essays in EU Law in Honour of Alan Dashwood (Oxford, Hart Publishing, 2011)Google Scholar. Opinion of AG Capotorti in Case 115 and 116/81 Rezguia Adoui v Belgian State and City of Lige; Dominique Cornuaille v Belgian State [1982] ECR 1665, para 29; See also the Opinion of AG Slynn in 227/81 Francis Aubin v Union nationale interprofessionnelle pour lemploi dans lindustrie et le commerce (UNEDIC) [1982] ECR 1991, where the Advocate General considered that the national court did not sufficiently explain the facts of the case; See also the Opinion of AG Jacobs in Case C-316/93 Nicole Vaneetveld v Le Foyer SA and Le Foyer SA v Fdration des Mutualits Socialistes et Syndicales de la Province de Lige [1994] ECR I-763, para 7, where the Advocate General considered, on the contrary, that the reference was too long; see also the Opinion of Ruiz-Jarabo Colomer in Joined Cases C-397/01 to 403/01 Bernhard Pfeiffer and others v Deutsches Rotes Kreuz, Kreisverband Waldshut eV [2004] ECR I-8835, para 47. 27 October 2017. 31 : Mlanges en lhonneur de Roger Perrot (Paris, Dalloz, 1996) 75 Currently, according to the provisions in Article 19 of the Treaty of the European Union (TEU) and Article 252 of the Treaty on the Functioning of the European Union (TFEU), the European Court of Justice, apart from 27 judges (one for every member state), also has eleven advocates general. 47 202 Google Scholar. Google Scholar; CrossRefGoogle Scholar; 104 See Google Scholar; Apply Discount Code: CLEARIAS10, Advocate-General, Conduct of Government Business etc (Article 165-167). Opinion of AG Geelhoed in Case C-170/05 Denkavit Internationaal BV and Denkavit France SARL v Ministre de lconomie, des Finances et de lIndustrie [2006] ECR I-11949. Cases not meeting the criteria for review by the service courts of criminal appeals are reviewed in the office of the service Judge Advocate General. Part 6covers the executive, legislature and judiciary wings of the states. Deviations from that guideline may attract controversy. Odent, R, Contentieux administratif (Paris, Dalloz, 1980 reprint in 2007Google Scholar) 974. Opinion of AG Lagrange in Case 8/55 Fdration charbonnire de Belgique v Haute Autorit (n 18) 248; Opinion of AG Lagrange in Case 30/59 De Gezamenlijke Steenkolenmijnen in Limburg v High Authority [1961] ECR 1, 66. Google Scholar. 39 15, 778 130 114 Article 165, 166 and 167 of Constitution of India, 1949. It is a peculiarly European office, so does not have an obvious analogy in UK procedure. (2) It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force. Eg AG Tizzano in Case C-173/99 The Queen v Secretary of State for Trade and Industry, ex parte Broadcasting, Entertainment, Cinematographic and Theatre Union (BECTU) [2001] ECR I-4881, para 27; Opinion of AG Lger in Case C-353/99 P Council v Heidi Hautal [2001] ECR I-9565, para 82; Opinion of AG Lger in Case C-317/04 Parliament v Council [2006] ECR I-4721; Opinion of AG Poiares Maduro in Case C-181/03 Albert Nardone [2005] ECR I-199, para 51; Opinion of AG Poiares Maduro in Case C-303/05 Ordre des Barreaux francophones et germanophones [2006] ECR I-5305, para 48; Opinion of AG Kokott in Cases C-387/02, C-391/02 and C-402/02 Criminal proceedings v Silvio Berlusconi and others [2005] ECR I-3565; below n 83. After establishment of High Court of Odisha, the Office of the Advocate General has started functioning within the . The authority and function of Advocate General is also specified in the Constitution of India under Article 165 and 177. for this article. For literature on the AGs and EC Law, see also Barnard, , The Substantive Law of the EU (n 69) 166 On non-traditional skills and attributes of the Advocates General, see "isUnsiloEnabled": true, 376 [5][6][7] The commissaire is tasked with offering legal advice to the Conseil d'tat, the highest administrative court. "displayNetworkTab": true, 24 [24] Another study, which only analysed annulments, found that the ECJ was 67% more likely to strike down parts of an act or the whole act if the advocate general indicated their support for the action, compared to the situations where the opposite was true, though the paper cautioned against making causal inferences.[25]. What are the main functions of Advocate General of State? 22 Ritter, C, A New Look at the Role and Impact of Advocate General: Collectively and Individually (2006) Columbia Journal of European Law 5 The features of the General Courts judges are slightly different. By contrast, in the European Union and some continental European jurisdictions, the officer is a neutral legal advisor to the courts. 15 65 Joint Declaration on Article 157 (4) of the Act of Accession in Treaty between the Member States of the European Union and Norway, Austria, Finland and Sweden [1994] OJ C 241, 9, 381. Available on www.law.du.edu. Modelled after the French commissaire du gouvernement[fr], the position of advocate general was created together with the European Court of Justice in 1951, when the Treaty of Paris was signed. Google Scholar. Burrows, N and Greaves, R, The Advocate General and European Community Law (Oxford, Oxford University Press, 2007)CrossRefGoogle Scholar. With the commissaire du gouvernements opinion, emerged the idea that administrative law applies only when an administration uses powers other than the norm (procds exhorbitants du droit commun). Google Scholar; What is the salary of Advocate General of State? Aspirants can read the functions, appointment, powers and important facts about the Attorney General of India, for UPSC in the linked article. In those cases, the Advocate General is no longer required to make a submission but instead gives a prise de position. Opinion of AG Slynn in Case 8/81 Ursula Becker v Finanzamt Mnster-Innenstadt [1982] ECR 53. 125 Dervanaisha Carter, 22, of Lafayette, was arrested Sunday around 6 p . 138 Charpentier, J, A propos dune rcente augmentation du nombre de magistrats de la Cour de justice des Communauts europennes in tudes de droit des Communauts europennes: Mlanges offerts Pierre-Henri Teitgen (Paris, Pedone, 1984) 67 Article 164 (1): The Chief Minister is appointed by the Governor of the state. Some suggestions for reforming the role of the Advocate General in order to integrate the Advocate General more fully within the Court and to strengthen the role are also made. Bearing in mind the Opinion intends to pave the way for the European Court of Justice (ECJ) regarding the interpretation of the GDPR, the text resonates with competition law and its interpretation in the display online 8 See Art 19 TEU and 253 TFEU. Article 69, UCMJ. "displayNetworkMapGraph": false, The advocate general participates in the court cases and may question the parties, after which they craft their opinions, though in the case when no new point of law is raised, it is not needed. 120 Google Scholar. During negotiations that led to its signing, the French delegation resented the possibility of dissenting or concurring opinions on the cases. 46 9 Opinion of AG Tesauro in Case C-346/93 Kleinwort Benson Ltd v City of Glasgow District Council [1995] ECR I-615, para 20. The Constitution of India (Article 165) has provided for the office of the Advocate General for the states. Constitutional Articles related to the office of Attorney General of State, Important Articles in Indian Constitution, Article 21 of the Indian Constitution Right to Life, List of Heads of Important Offices in India, List of Presidents in India Since Independence, Sansad TV Perspective - India-Australia Free Trade Agreement, Mangrove Alliance for Climate [UPSC Notes], No Money For Terror Conference [UPSC Notes], JEE Main 2022 Question Papers with Answers, JEE Advanced 2022 Question Paper with Answers, Rights of Advocate General of State w.r.t the state legislature and its proceedings, Powers, privileges and immunities of Advocate General. Opinion of AG Tesauro in Case C-213/89 The Queen c/ Secretary of State for Transport, ex parte: Factortame [1990] ECR I-2433, para 13 (emphasis added). 6879 As per Article 165 of the Indian Constitution, For the post of Advocate General of State, every State Governor appoints a person qualified to be a judge of the high court. [15] The first advocate general, however, is not above the other advocates general and is in most regards in the same position as their ten other colleagues.[7]. Article 76 of the Constitution provides for the office of AG of India. Editor's note: To help voters learn more about the state-level candidates in the Nov. 8 election, the Advocate is printing profiles provided by the League of Women Voters in . Art 34-1 of the 1953 Rules of Procedure. Art 38, para 7 Rules of Procedure (RP). High Court of Odisha was separated from Patna High Court during the year, 1948. It is however the explanation given by one author ( [12] Because the UK left the European Union in 2020, there are now five member states (the most populated ones) entitled to appoint their own advocates general. The detailed criteria for selecting such cases, as well as the procedures for designating Advocates-General are laid down in the Rules of Procedure of the General Court ( Article 59 of the Statute). Opinion of AG Reischl in Case 106/77 Amministrazione delle Finanze dello Stato v Simmenthal SpA [1978] ECR 629, 651. So the office of Advocate General plays an important role in the day-to-day functions of the State Governments in the Federal System of India. Common Market Law Review Google Scholar. While the advocate general's opinion is not binding for the ECJ nor for the courts in the member states, their conclusions are often taken into consideration and are often indicative of the ruling by the Court of Justice in the case.[1][2][3]. [7], An advocate general, according to Takis Trimidas,[6] serves several purposes. [3] For three decades after its creation, the position was rotated between each of the advocates general,[6] but Melchior Wathelet was the first person to have been elected more than two times and the first to have served consecutive terms. Moreover, their opinions provide the proposed solution and logical reasoning to reach the conclusion presented, all while providing research on the existing case law as well as on the legal points presented. In fact, in 20042005, only 39% of judgments cited the opinion of the advocate general[17] (the percentage was around 46% in 2017). Lambert, F, Faut-il maintenir le commissaire du gouvernement? (2007) Actualit Juridique Droit Administratif [17], Historically, every case had to receive an advocate general's opinion; however, since the Treaty of Nice came to life in 2003, a rule was introduced saying that if the case makes no new point of law (which in 2015, when the latest figures are available, happened in 43% of the cases, with earlier years' estimates ranging from 30% to 53%),[18][19] the advocate general's opinion is not needed; in this case, the court consults the advocate general and, if they agree, only the court's judgment is issued. 4 84 61 Google Scholar; Declaration on Article 252 of the Treaty on the Functioning of the European Union regarding the number of Advocates-General in the Court of Justice: The Conference declares that if, in accordance with Article 252, first paragraph, of the Treaty on the Functioning of the European Union, the Court of Justice requests that the number of Advocates- General be increased by three (eleven instead of eight), the Council will, acting unanimously, agree on such an increase. 70 [3] Therefore, Maurice Lagrange, part of the delegation who would later become the first advocate general appointed to the court,[4] proposed that such views be presented by an advocate general, who would perform a similar function to that of the French commissaire du gouvernement[fr] (equivalent to the rapporteur public[fr] since 2009). Ad hoc advocates general may also be appointed for cases before the General Court among the judges working in the court, but this possibility is not used now. See also Art 104, para 5 RP. Judicial Engagement in the CJEU", "The Role of the Advocate General in the Development of Community Law: Some Reflections", "Law in the European Union: The role of the advocate general", "Consequences of the United Kingdom's withdrawal from the European Union for the Court of Justice of the European Union", "The Court of Justice of the European Union", "Joint declaration on Article 31 of the Decision adjusting the instruments concerning the accession of the new Member States to the European Union", "Council Decision increasing the number of Advocates-General of the Court of Justice of the European Union", "Amendments of the Rules of the Procedure of the Court of Justice", "Mr Maciej Szpunar is elected First Advocate General of the Court of Justice", "Judicial appointments: the article 255 TFEU advisory panel and selection procedures in the Member States", "A New Look at the Role and Impact of Advocates-General Collectively and Individually", "SOME REMARKS ON THE LEGAL INSTITUTION OF THE ADVOCATE GENERAL", "Behind the Scenes at the Court of Justice: Drafting EU Law Stories", "The Elusive Influence of the Advocate General on the Court of Justice: The Case of European Citizenship", "An Economic Analysis of the Influence of the Advocate General on the Court of Justice of the European Union", "A Fourth in the Court: Why Are There Advocates General in the Court of Justice? See the analysis of Advocate Generals opinions on this issue in Burrows and Greaves, The Advocate General (n 4) 271. 54 Regarding standing to seek judicial review, see, AG Lagranges opinion in Case 8/55 Fdchar v High Authority [1956] ECR 138. Opinion of AG Lagrange in Case 6/64 Flaminio Costa v ENEL [1964] ECR 585. Ans. Darmon, M, La fonction de lavocat gnral la Cour de justice des Communauts europennes in Nouveaux juges, nouveaux pouvoirs? 1349 1er suppl., concl. On the evolution of the oral presentation of the Opinions, see Google Scholar. UPSC: Latest News, IAS, IPS, UPSC Online Preparation, Last updated on October 27, 2014 by Alex Andrews George. The signing of the Treaty of Paris established the European Coal and Steel Community, i.a. Case C-104/08 (ord.) Opinion of AG La Pergola in Joined Cases C-4/95 and C-5/95 Fritz Stber and Jos Manuel Piosa Pereira v Bundesanstalt fr Arbeit [1997] ECR I-511, para 50. Duties and powers of the Comptroller and Auditor-General of India: Article 155: Appointment of the Governor: Article 161: Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases: Article 163: Council of Ministers to aid and advise the Governor: Article 165: Advocate-General of the state which . Sharpston, E, The Changing Role of the Advocate General in Arnull, A, Eeckhout, P and Tridimas, T (eds), Continuity and Change in EU Law: Essays in Honour of Sir Francis Jacobs (Oxford, Oxford University Press, 2008)Google Scholar; He is the author of many best-seller books like 'Important Judgments that transformed India' and 'Important Acts that transformed India'. Since 1957, the rfrendaire is not mentioned in the Rules of Procedure. Mere infringement of the GDPR (without any resulting material or non-material damage) should not entitle an applicant to compensation under Article 82. CE, 4 mars 1910, Thrond, Rec. 587 - 613. Google Scholar, 77. Google Scholar; Vranken, M, Role of the Advocate General in the Law-making process of the European Community (1996) Anglo-American Law Review Article 167: Duties of Chief Minister as respects the furnishing of information to Governor, etc. Alex is the founder of ClearIAS and one of the expert Civil Service Exam Trainers in India. 1. There is no salary for Advocate General, but only remuneration. The Governor of each state shall appoint a person who is qualified to be appointed judges in high court. (Log in options will check for institutional or personal access. 115 Don't miss our email updates! What is the difference between the Attorney General and Advocate General in India? [26], Despite the fact that none of the advocates general of the ECJ issue opinions in the cases in front of the General Court, the first advocate general may trigger a special review procedure under Article 62 of the Statute of the ECJ (Rexamen in French)[27] by filing an appropriate request within a month's time since the General Court's ruling in case they believe that the ruling of the General Court has a high risk of "the unity of consistency of Union law being affected". Advocates-General also possess a number of other powers which relate directly to the functioning of the Court of Justice. 131 All advocates general may additionally receive advance copies of the judgment and participate in the closed sessions when the ECJ delivers an opinion, but, unlike the judges, they do not participate in the deliberative process of the court. 55000/month, Deputy Advocate General and Senior Deputy Advocate General Rs. His office and functions are comparable to that of the Attorney General of India. The Office of the Advocate General, Haryana, established in the year 1966, with the formation of the State of Haryana on 01.11.1966, is a constitutional post created under the aegis of Article 165 of the Constitution of India. [19] The advocate general is obliged to submit his opinion so many times as oral hearings are requested, such that in one of the cases, Commission v. Belgium (Belgian Waste), three opinions were issued;[6] situations when more than one hearing is made, however, happen rarely. Case 26/62 NV Algemene Transport- en Expeditie Onderneming van Gend & Loos v Netherlands Inland Revenue Administration [1963] ECR 1. Appointer. Legal matters of the state are referred to the Advocate General while the legal matters of the union or the central government are referred to the Attorney General of India. The right to be eligible for the post of Advocate General of State is conferred to only the Indian citizens, and foreigners are not eligible to hold this public office. [1] Quantitative studies seem to support the notion. The Attorney General (AG) of India is a part of the Union Executive. It is important for the UPSC 2023 examination aspirants to know relevant facts about Advocate General in India, as it is important for both Prelims and UPSC Mains GS 2 (Indian Polity.). Advocate-General for the State, Conduct of business of the Government of a State and Duties of Chief Minister as respects the furnishing of information to Governor, etc are defined under Article 165, 166 and 167 of Constitution of India 1949. (c) if the Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council. Your Mobile number and Email id will not be published. Opinion of AG Tesauro in Case C-118/96 Jessica Safir ECR I-1897, para 34. The Act also required each Judge Advocate General of any service be a member of the bar with not. (c) He receives the Pay as per fixation by Government. 3, 751 135 October 17, 2015. 141 View all Google Scholar citations CrossRefGoogle Scholar. Advocate General of the State Article 165 deals with the Advocate General for the State and Article 177 deals with the rights of Ministers and Advocate General as respects the Houses.. It shall be the duty of the Chief Minister of each State 144 6 Case C-292/92 Ruth Hnermund [1993] ECR I-6787. Early voting begins Saturday for the 2022 Louisiana general election, including runoffs for races not decided in the Nov. 8 primary. [3][11][12] Each advocate general serves a six-year term, may be reappointed and, barring disciplinary removal or resignation, is not removable during the term;[7] however, given the rotational nature of the appointments from countries without a permanent member, these extensions are effectively limited to the five countries that may send their own advocates general. Opinion of AG Lenz in Case C-91/92 Paola Faccini Dori v Recreb Srl [1994] ECR I-3325, para 53. 71 Jacobs, F, Advocate General and Judges in the European Court of Justice: Some Personal Reflections in Judicial Review in European Law: Liber Amicorum in honor of Lord Slynn of Hadley, vol 1 (The Hague, Kluwer Law International, 2000) 17 From one attach (as mentioned in the Rules of Procedure of 1953), to a second rfrendaires in 1979, a third one in 1987 and a forth one in 2008. Ritter, , A New Look at the Role (n 3) 771 They may be re-elected. Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties [1972] OJ L302, 23. Case C-413/99 Baumbast and R v Secretary of State for the Home Department [2002] ECR I-7091, para 94. : Mlanges en lhonneur de Roger Perrot, The Advocate General in the Court of Justice of the European Communities, Advocate General and Judges in the European Court of Justice: Some Personal Reflections, Judicial Review in European Law: Liber Amicorum in honor of Lord Slynn of Hadley, The Role of the Advocate General in the Development of Community Law: Some Reflections, De la nature de lavocat gnral la Cour de justice des Communauts europennes, Lhonnte homme et le droit: Mlanges en lhonneur de Jean-Claude Soyer, Linstitution de lavocat gnral la Cour de justice des Communauts europennes, Mlanges en lhommage de Fernand Schockweiler, La funcin del abogado general del tribunal de justicia de las comunidades europeas, Problmes dinterprtation la mmoire de Constantinos N. Kakouris, Die Institution des Generalanwalts im Wandel-Auswirkungen der Rechtsprechung des EGMR zu hnlichen Organen der Rechtspflege in den Mitgliedstaaten, The Changing Role of the Advocate General, Continuity and Change in EU Law: Essays in Honour of Sir Francis Jacobs, Reforming the Scope of the Role of the Advocates General, A Constitutional Order of States? A person who is qualified to be appointed as a Judge of the High Court is appointed as the Advocate General for the province. It can be referred to for more details on some points or cases in this chapter. Case C-85/96 Mara Martnez Sala v Freistaat Bayern [1997] ECR I-2691. [24] However, the advocate general's opinions are considered influential. (a) to communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation; Advocate-Generals are not members of the Court but are selected in much the same way and have to be equally qualified. 117 [7] For instance, arrangements in which certain advocates general specialise in one particular broad topic are often avoided so that the cases can be approached from different perspectives and thus give more material from which the Court of Justice may draw its conclusions. 111 137 The institutional and functional rules governing the role of the Advocate General do have an impact on the judicial decision-making process. (a) He has the right of audience in any Court in the State Legislative (b) The Advocate General is the first law officer of a State. Attorney-General for India. Google Scholar. 118 Information Cambridge Yearbook of European Legal Studies, Volume 14, 2012, pp. Our talented staff carries on a proud tradition that began in 1950 of providing the highest quality education and training to our students. On 12 May 2021, Advocate General Gerard Hogan delivered his Opinion in the case. They are appointed by mutual accord of the national governments after consultations with a special panel (a so-called "Article 255 panel") that screens the candidates and issues non-binding opinions on their suitability for office;[16][a] The advocates general should be eligible for service in the highest national courts or be lawyers "of recognised competence", and should exhibit independence. CrossRefGoogle Scholar; The Advocate General is the first law officer of a State. Opinion of AG Lger in Case C-280/00 Altmark Trans ECR I-7747. Ans. The first advocate general, who is tasked with assigning the cases to her or himself or their fellow advocates general and has some powers related to judicial review of the General Court cases, is elected for a three-year term among these eleven people. Opinion of AG Poiares Maduro in Joined Cases C-158/04 and 159/04 Alfa Vista Vassilopoulos and Carrefour Marinopoulos [2006] ECR I-8135. Vermeulen v Belgium [1996] EHRR 224. say, are, Treaty on the Functioning of the European Union, List of members of the European Court of Justice, Relevant paragraphs from the original Protocol on the Statute of the Court of Justice, annexed to the Treaty of Paris, Statute of the Court of Justice of the European Union, "Irish judge appointed as advocate general to Courts of Justice of EU", "The Advocate General: A Key Actor of the Court of Justice of the European Union", "Advocate Generals' Opinions or Separate Opinions? See A recent Opinion from Advocate General M. Giovanni Pitruzzella in the Santen SPC preliminary reference [3] urges the CJEU to expressly reject the Neurim decision, considering that the mere limitation of its . In November 2019, the rules of procedure were changed so that the terms were increased to three years. Failure to do so can result in all controllers unlawfully processing the personal data. Case 6/54 Netherland v High Authority [1955] ECR 113. Advocate General for the State (1) The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate General for the State 85 Opinion of AG Geelhoed in Case C-239/02 Douwe Egverts [2004] ECR I-7007, para 73. Advocate General of the State: The Constitution (Article 165) has provided for the office of the advocate general for the states. 7 The list goes on. Corresponding to the office of the Attorney-General at the Union level (article 76), Article 165 provides for an Advocate-General for each State appointed by the Governor i.e., in effect by the Ministry. 34, 1349 Art 54 RP. Act concerning the conditions of accession and the adjustments to the Treaties [1972] OJ L73, 14, art 18. This Joint Declaration provides that: The new Member States will take part in a system involving the rotation of three Advocates-General in the alphabetical order applied at present, it being understood that Germany, France, Italy, Spain and the United Kingdom will not take part in that system, as they will have a permanent Advocate-General each. For an opposite view, see Sharpston, The Changing Role of the Advocate General (n 1). Romieu. The Advocate General for the State is appointed under Article 165 (1) of the Constitution of India. Advocates general share the criteria of appointment with the judges (mentioned in articles 24 of the Statute of the ECJ and in Article 253 of TFEU). The United Kingdom and Italy joined in 1973, Spain followed in 1995[11] and Poland did so in 2013. 106, 206Google Scholar). Attend Online Classes by ClearIAS Experts! 77 Case 6/64 Flaminio Costa v ENEL [1964] ECR 585. Council Decision increasing the number of Advocates-General [1973] OJ L2/29. 94 Has data issue: true 86 NCERT Solutions Class 12 Business Studies, NCERT Solutions Class 12 Accountancy Part 1, NCERT Solutions Class 12 Accountancy Part 2, NCERT Solutions Class 11 Business Studies, NCERT Solutions for Class 10 Social Science, NCERT Solutions for Class 10 Maths Chapter 1, NCERT Solutions for Class 10 Maths Chapter 2, NCERT Solutions for Class 10 Maths Chapter 3, NCERT Solutions for Class 10 Maths Chapter 4, NCERT Solutions for Class 10 Maths Chapter 5, NCERT Solutions for Class 10 Maths Chapter 6, NCERT Solutions for Class 10 Maths Chapter 7, NCERT Solutions for Class 10 Maths Chapter 8, NCERT Solutions for Class 10 Maths Chapter 9, NCERT Solutions for Class 10 Maths Chapter 10, NCERT Solutions for Class 10 Maths Chapter 11, NCERT Solutions for Class 10 Maths Chapter 12, NCERT Solutions for Class 10 Maths Chapter 13, NCERT Solutions for Class 10 Maths Chapter 14, NCERT Solutions for Class 10 Maths Chapter 15, NCERT Solutions for Class 10 Science Chapter 1, NCERT Solutions for Class 10 Science Chapter 2, NCERT Solutions for Class 10 Science Chapter 3, NCERT Solutions for Class 10 Science Chapter 4, NCERT Solutions for Class 10 Science Chapter 5, NCERT Solutions for Class 10 Science Chapter 6, NCERT Solutions for Class 10 Science Chapter 7, NCERT Solutions for Class 10 Science Chapter 8, NCERT Solutions for Class 10 Science Chapter 9, NCERT Solutions for Class 10 Science Chapter 10, NCERT Solutions for Class 10 Science Chapter 11, NCERT Solutions for Class 10 Science Chapter 12, NCERT Solutions for Class 10 Science Chapter 13, NCERT Solutions for Class 10 Science Chapter 14, NCERT Solutions for Class 10 Science Chapter 15, NCERT Solutions for Class 10 Science Chapter 16, NCERT Solutions For Class 9 Social Science, NCERT Solutions For Class 9 Maths Chapter 1, NCERT Solutions For Class 9 Maths Chapter 2, NCERT Solutions For Class 9 Maths Chapter 3, NCERT Solutions For Class 9 Maths Chapter 4, NCERT Solutions For Class 9 Maths Chapter 5, NCERT Solutions For Class 9 Maths Chapter 6, NCERT Solutions For Class 9 Maths Chapter 7, NCERT Solutions For Class 9 Maths Chapter 8, NCERT Solutions For Class 9 Maths Chapter 9, NCERT Solutions For Class 9 Maths Chapter 10, NCERT Solutions For Class 9 Maths Chapter 11, NCERT Solutions For Class 9 Maths Chapter 12, NCERT Solutions For Class 9 Maths Chapter 13, NCERT Solutions For Class 9 Maths Chapter 14, NCERT Solutions For Class 9 Maths Chapter 15, NCERT Solutions for Class 9 Science Chapter 1, NCERT Solutions for Class 9 Science Chapter 2, NCERT Solutions for Class 9 Science Chapter 3, NCERT Solutions for Class 9 Science Chapter 4, NCERT Solutions for Class 9 Science Chapter 5, NCERT Solutions for Class 9 Science Chapter 6, NCERT Solutions for Class 9 Science Chapter 7, NCERT Solutions for Class 9 Science Chapter 8, NCERT Solutions for Class 9 Science Chapter 9, NCERT Solutions for Class 9 Science Chapter 10, NCERT Solutions for Class 9 Science Chapter 11, NCERT Solutions for Class 9 Science Chapter 12, NCERT Solutions for Class 9 Science Chapter 13, NCERT Solutions for Class 9 Science Chapter 14, NCERT Solutions for Class 9 Science Chapter 15, NCERT Solutions for Class 8 Social Science, NCERT Solutions for Class 7 Social Science, NCERT Solutions For Class 6 Social Science, CBSE Previous Year Question Papers Class 10, CBSE Previous Year Question Papers Class 12, Headquarters of International Organisations, Important National/International Days & Dates, Constitution Questions from UPSC Mains GS 2, Governance Questions from UPSC Mains GS 2, Important Supreme Court Judgements for UPSC. 28 Article 165 in The Constitution Of India 1949 165. Greaves, R, Reforming the Scope of the Role of the Advocates General in A Constitutional Order of States? Case C-50/00P Unin de Pequeos Agricultores v Council [2002] ECR I-6677. TC, 8 fev. Who appoints Advocate General of State in India? Opinion of AG Jacobs in Case C-274/96 Criminal proceedings against Horst Otto Bickel and Ulrich Franz [1998] ECR I-7632, para 22. hasContentIssue true, Copyright Centre for European Legal Studies, Faculty of Law, University of Cambridge 2012, Cambridge Yearbook of European Legal Studies. 95 The one from 2017 found that, among the 109 judgments surveyed, 64% agreed in principle with the ruling, 9% disagreed and the rest only agreed in some points; moreover, in 69% of the cases, there were at most slight differences between the interpretations of the legal sources. While many individuals would rather choose the . . 41 Power of Advocate General of State Articles 165 and 177 majorly talk about the power, appointment and functions of the Advocate General of State. Brown, L Neville and Kennedy, T, The Court of Justice of the European Communities, 5th edn (London, Sweet and Maxwell, 2000) 71 110 Maharashtra government has appointed Shreehari Aney as the Advocate General (AG) of the state as per provisions of Article 165 of Constitution. 57 Some suggestions for reforming the role of the Advocate General in order to integrate the Advocate General more fully within the Court and to strengthen the role are also made. The Advocate General of State must be a citizen of India and must have held a judicial office for ten years or been an advocate of a high court for ten years. Even if one can ask if by doing so, Advocates General do give reasoned submissions as mentioned in Art 252-2 TFEU. The Centre on Wednesday notified the appointment of Senior Advocate R Venkataramani as the 16th Attorney General for India. The ballot . Close this message to accept cookies or find out how to manage your cookie settings. Opinion of AG Trabucchi in Case 7/75 Mr and Mrs F v Belgian State [1975] ECR 679, para 5; Opinion of AG Jacobs in Case 344/87 I Bettray v Staatssecretaris van Justitie [1989] ECR 1621, para 29. 50 Opinion of AG Kokott in Case C-105/03 Maria Pupino [2005] ECR I-5285. 10 Bulletin. 129 [4], The opinions may be written in the native language of the Advocate General (any of the 24 official languages of the European Union),[3] though in order to reduce the workload of the translation service, they are now increasingly drafted in one of the five so-called "pivot languages", that is: French, English, German, Spanish and Italian, and the advocates general are particularly encouraged to write in the first two of them. (2) it shall be the duty of the advocate-general to give advice to the government of the state upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the governor, and to discharge the functions conferred on him by or under this constitution or any other law for He would be succeeding. Voters have approved the passage of Article 19, which asked the town to accept the provisions of a law in order to establish a "Stormwater Enterprise Fund," which would account for the revenues and expenditures of stormwater operations in Hudson. Google Scholar. Opinion of AG Jacobs in Case C-412/93 Socit dImportation Edouard Leclerc-Siplec [1995] ECR I-179, para 41. 48 1903, Terrier, Rec. Advocate General of the State Article 165 deals with the Advocate General for the State and Article 177 deals with the rights of Ministers and Advocate General as respects the Houses.. 140 121 142 Some current updates regarding the salary of Advocate General of States (November 2020): Note: There can be junior, deputy, and senior advocates general in an office of the state advocate general. Kokott, J, Die Institution des Generalanwalts im Wandel-Auswirkungen der Rechtsprechung des EGMR zu hnlichen Organen der Rechtspflege in den Mitgliedstaaten in Festschrift fr Georg Ress (Cologne, Carl Heymanns Verlag, 2005) 577 He is bound by the Constitution for such duties and functions as is mentioned therein or any other constitutional law. See also, in the gender discrimination area, Joined Cases C-231/06 to C-233/06 Office national des pensions v Emilienne Jonkman and others v Office national des pensions [2007] ECR I-5149, para 25. 99 Note: Current advocates general are bolded; the expected end of their terms is mentioned in italics. Jacobs, F, The Judicial Process in the European Court and the Role of the Advocate General The Dominik Lasok lecture in the European law (University of Exeter Faculty of Law, 1990)Google Scholar. See also Opinion of AG Van Themaat in Case 147/83 Mnchener Import-Weinkellerei Herold Binderer GmbH v Commission [1985] ECR 257; Opinion of AG Tesauro in Case C-244/88 Usines coopratives de dshydratation du Vexin v Commission [1989] ECR 3811, para 8; Opinion of AG Jacobs in Case C-358/89 Extramet Industrie v Council [1991] ECR I-2501, para 30. Non-Material damage ) should not entitle an applicant to compensation under Article 165 ) has provided for the.! A submission but instead gives a prise de position Contentieux administratif ( Paris, Dalloz, 1980 in. Scope of the Treaty of Paris established the European Union and some continental European jurisdictions, the Rules procedure. Gdpr ( without any resulting material or non-material damage ) should not entitle an applicant compensation. C-412/93 Socit dImportation Edouard Leclerc-Siplec [ 1995 ] ECR 585 165 ) has provided for office! The Treaties [ 1972 ] OJ L2/29 the personal data 2019, the officer is a peculiarly European office so... Freistaat Bayern [ 1997 ] ECR 585 advocate general article C-118/96 Jessica Safir ECR,... Governing the Role of the Constitution provides for the office of the,. 165 ) has provided for the states ECR I-6677 a peculiarly European office, so does not have impact! Ag Kokott in Case C-280/00 Altmark Trans ECR I-7747 issue in Burrows and Greaves, the Advocate General Advocate... 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