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Edited Legal Collections Data |
Book Title: Making Community Law
Editor(s): Moser, Philip; Sawyer, Katrine
Publisher: Edward Elgar Publishing
ISBN (hard cover): 9781847201379
Section: Chapter 3
Section Title: Locus Standi of Individuals under Article 230(4): The Return of Euridice?
Author(s): Tridimas, Takis; Poli, Sara
Number of pages: 23
Extract:
3. Locus standi of individuals under
Article 230(4): the return of Euridice?
Takis Tridimas and Sara Poli1
INTRODUCTION
Sir Francis Jacobs has been one of the most influential Advocates General
(AsG) in the history of the European Court of Justice (ECJ). He became a
member of the Court in October 1988 and served until January 2006, thus
being the second longest-serving Advocate General and one of the longest-
serving members of the Court.2 The function of the AG, which in the eyes of
a common lawyer remains a somewhat esoteric and quaint office, is `to make,
in open court, reasoned submissions' on cases `acting with complete impar-
tiality and independence'.3 The Opinion of the Advocate General fulfils essen-
tially three functions.4 It assists the Court to find a solution to the case and thus
in preparing the judgment. It sheds light on the factual and legal background
to the dispute. It thus complements and assists in explaining the judgment,
which is collegiate and much more compact. It also offers an opportunity to
analyse and, on occasion, re-evaluate the case law, taking a step back from the
facts of the case and assessing the impact of possible solutions to the dispute
on the wider matrix of the law. It is no secret that Sir Francis excelled in
performing all these functions. In his years at the Court, he became renowned
for his intellectual vigour, his persuasive arguments and his efficiency. He was
1 Takis Tridimas ...
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URL: http://www.austlii.edu.au/au/journals/ELECD/2008/226.html