How the EU ACTUALLY works

I've been a lecturer on EU Law for the last quarter of a century (I've also taught European Politics, been an assistant to a Member of the European Parliament,  and dealt with EU institutions as an assistant in the UK Parliament and in my own political work). There are a lot of misconceptions about what the EU does - and how it does it. It is that widespread lack of knowledge amongst British citizens that was the necessary foundation for the Brexit result. Much misinformation has been spread - and I'm glad to hear that Wikipedia has evaluated thre Daily Mail - and found it to be a wholly unreliable source.

So where does one go to find out accurate information?.

At an academic level - there are some excellent textbooks - these two are my personal favourites.






These can be expensive - and are, by nature, complex. There is a lot of FREE information available.

A free booklet from the European Parliament is well set out & VERY informative. It was produced in 2013, so information about the results of the 2014 election (which led to the current party makeup in the EP) are not included. It is available here.

There is a useful website at https://europa.eu/european-union/about-eu_en

Key knowledge about the EU involves

- membership (currently 28 members) - in the media the EU (and its institutions, especially the Court) is often confused with the European Convention on Human Rights. That is part of the Council of Europe - a wholly distinct organisation with almost double the number of members.

- the key institutions. Each have their own role - and personnel. The European Commission is the Executive. Despite false assertions in certain parts of the media - it is not an all-powerful body. It may propose legislation - but the Council of Ministers and European Parliament must pass that legislation. Its members are nominated by the (elected) governments of the member states. Before appointment the European Parliament holds hearings, and individual commissioners regularly appear the Parliament. The Council of Ministers is made of government ministers from each member state.  (When Heads of Government/State meet - it is called the European Council, and together the democratically elected leaders of the 28 states set the agenda for the EU). The European Parliament is directly elected every five years. The Court of Justice of the EU is responsible for upholding the legal rules of the EU (interpreting and applying EU Law - and providing legal review of the acts of the institutions).

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Advocate General in the Court of Justice of the EU

There is no equivalent role in English law to that of the Advocate General. It is easy to underplay or misunderstand their role through analogy with players in the English Legal System.

I found an excellent short article by Mme Laure CLEMENT-WILZ on the website of University Panthéon-Assas (Paris, France).

"Based on the French Conseil d'Etat "commissaire du gouvernement", Advocate general was created to assist the Court of Justice by making, with complete impartiality and independence, public opinion.  Advocates General have fleshed out  their role over the years on from the textbook definition. They have gradually asserted their independence. They have been closely involved in the process of shaping european jurisprudence. They helped the Court to lay the foundation of its jurisprudence and contributed to consolidating it. From the beginning of the nineties onwards the Advocates General put it to the test. In the context of increasingly complex legislation and legal structures, the Advocates General also tried to contribute to increasing the coherence of legislation and jurisprudence. Their conclusions encouraged debate and ensured the openness of the decision making process within the Court. In bringing a breath of fresh air into intellectual space of the Court of Justice, the Advocates General can be seen as vital to this institution. 

Only the Court's organisational and functional rules could make this possible as they preserve the originality of the Advocate General. With a special place within the jurisdiction, he is a thinker of the law important for the outcome of the case. He is positioned at the interface with the external world. However he is not free from all criticisms, particularly with regard to the principle of equality of arms and the right to adversarial procedure. The originality of the role of Advocate General does not release him from the principle of a fair trial in accordance with the requirements of the Court of Strasbourg. Crucially, minor changes to the role would allow the Court of Justice to comply."

The CJEU on its own website states -

"When it has been decided that an oral hearing will be held, the case is argued at a public hearing, before the bench and the Advocate General. The Judges and the Advocate General may put to the parties any questions they consider appropriate. Some weeks later, the Advocate General delivers his or her Opinion before the Court of Justice, again in open court. He or she analyses in detail the legal aspects of the case and suggests completely independently to the Court of Justice the response which he or she considers should be given to the problem raised. This marks the end of the oral stage of the proceedings. If it is decided that the case raises no new question of law, the Court may decide, after hearing the Advocate General, to give judgment without an Opinion."