The Influence of Foreign Law Cited in the Opinions of Advocates General on Community Law

Summary:

This article builds on previous research conducted by the author on the use of foreign law in the Advocates General’s opinions. This study showed that United States (US) law was frequently referenced. The article picks up where the previous study left off by measuring the influence of foreign law discussed in the opinions of the Advocates General on Community law.

The article begins with an examination of the impact of Advocates General’s citation of foreign law in the case before the court. The next section analyses the impact of foreign law references in Advocates General’s opinions on future Advocates General’s opinions, future judgements of the European Court of Justice (ECJ) and Court of First Instance (CFI), and other Community institutions. The chapter concludes with a discussion of the most influential foreign jurisdictions and predictions for the future.

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