The Advocate General; EU adversarial procedure; accession to the ECHR

This paper reflects on the procedural role of the Advocate General in cases referred to the Court of Justice of the European Union (CJEU). The role of the Advocate General has an impact on the extent to which the right to a fair hearing is ensured in European Union (EU) adversarial proceedings. The evolving nature of the EU and the values upon which it is premised, together with the procedural and substantive changes in EU law, require a re-appraisal of the Advocate General’s role. A case can be made for a circumscribed right of rejoinder to the Advocate General’s submission to exist in matters which have the potential to encroach on the human rights of EU citizens. Such reconciliation on the part of the EU with the standards of fairness of the ECHR could be a relevant, timely and pre-emptive contribution to the stalled accession process, and beyond