Advocate General

An Advocate General is a senior law officer of a country or other jurisdiction. Usually charged with advising the courts or Government on legal matters.

cotland and the UK

Historically, the United Kingdom Government was advised on matters of Scots Law by the Lord Advocate but following the Scotland Act 1998 and the establishment of the Scottish Parliament the Lord Advocate became a member of the Scottish Executive.

It was necessary to create a post to advise the British Government in Westminster. Thus, the new post of Advocate General for Scotland was created. The Advocate General's role differs from that formerly held by the Lord Advocate in that they are only charged with advising the UK Government on matters pertaining to Scots law, the Lord Advocate having retained his responsibility as the chief public prosecutor in Scotland and head of the Crown Office and Procurator Fiscal Service on his transfer to the Scottish Executive.

Other European Jurisdictions

The position of Advocate General is well established in the French, Dutch, and some other continental European legal systems, where higher courts are assisted by these legal officers. They are not advocates representing clients in courts. They are not judges either, although they are full members of the courts. They mainly offer legal advice to judges on the cases being tried. They may also have a prosecution role, depending on countries and on the nature of cases (criminal or civil).

The position of Advocate General ("avocat général") already existed in the French legal system before the French Revolution, when they were found in the then higher courts ("parlements", "cours des aides", etc.) and proposed legal solutions to the judges in cases involving the State, the Church, the general public, communities, or minors. Since the French Revolution, they are found in the Court of Cassation, the "Cour des Comptes", the Courts of Appeals, and the Assize Courts. They have more of a prosecution role than before the French Revolution, especially in the Assize Courts, in which people accused of felonies are tried.

Advocates General are also part of the European Court of Justice (ECJ), where there are eight of them. They are full members of the court but they are not judges. They are not prosecutors either, unlike in the modern French legal system. They do not take part in the court's deliberations, yet they assist with each case and deliver their opinions on questions. It is the role of the Advocates General to propose to the Court, in complete independence, a legal solution to the cases for which they are responsible. The Advocate General’s opinion, although often in fact followed, is not binding on the Court.