Luxembourg, 17/02/2000 (Agence Europe) - Two months after the taking up his post at the European Court of Justice by Judge Antonio La Pergola, the position of Advocate General that he previously held (since 1995) is still vacant. EUROPE has reason to believe that the Italian government will not put forward a replacement.
This ninth position for Advocate General was created after Antonio La Pergola accepted in 1995 to leave his duties as Judge for the Court: Norway having not adhered to the EU, only two Italian judges (holding these positions at the time) needed to be conserved as only one would enable them to maintain the odd number of judges (that are necessary to pass judgments by majority).
This decision not to name a replacement for the Advocate General La Pergola was the object of various comments in the areas concerned. On the one hand, not filling a position, which must disappear in October 2000 is a wise decision that also corresponds to fears over economy. On the other hand others see a bending of the Court's statute (Article 5 and 7) and to the Amsterdam Treaty (Article 222) that - combined - expressly foresee the presence of an Advocate general for this ninth position until the 6 October 2000.