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Football by Satellite and the Law
Couple score court victory in Sky row
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<blockquote data-quote="Steve Stras" data-source="post: 766314" data-attributes="member: 377521"><p>Just a comment on ECJ and the opinion of the AG - The ECJ is not going to ignore the opinion of the AG for two reasons;</p><p></p><p>(i) This is a fairly fundamental point of EU law - that of exclusivity within the Union, there is no way the chamber can form any other conclusion.</p><p></p><p>(ii) These types of courts, namely the ECJ, and the ECHR here in Strasbourg, do not function in the way you imagine a court functions in the UK, they are different. Cases are processed by the registry (lawyers who work for the court) and a conclusion is reached long before the case is ever seen by a judge. At the ECJ the AG's head up the different sections of the registry.</p><p></p><p>In fact most of the judges are not actually judges, some are law professors etc and the system of appointment is somewhat 'dodgy' especially at the ECHR, at the ECJ 5 of the 8 AG's are appointed by the 5 largest members of the Union so some influence over the judges is maintained.</p><p></p><p>Just thought I'd clarify this<img src="https://www.satellites.co.uk/styles/default/xenforo/smilies/smile.png" class="smilie" loading="lazy" alt=":)" title="Smile :)" data-shortname=":)" /></p></blockquote><p></p>
[QUOTE="Steve Stras, post: 766314, member: 377521"] Just a comment on ECJ and the opinion of the AG - The ECJ is not going to ignore the opinion of the AG for two reasons; (i) This is a fairly fundamental point of EU law - that of exclusivity within the Union, there is no way the chamber can form any other conclusion. (ii) These types of courts, namely the ECJ, and the ECHR here in Strasbourg, do not function in the way you imagine a court functions in the UK, they are different. Cases are processed by the registry (lawyers who work for the court) and a conclusion is reached long before the case is ever seen by a judge. At the ECJ the AG's head up the different sections of the registry. In fact most of the judges are not actually judges, some are law professors etc and the system of appointment is somewhat 'dodgy' especially at the ECHR, at the ECJ 5 of the 8 AG's are appointed by the 5 largest members of the Union so some influence over the judges is maintained. Just thought I'd clarify this:) [/QUOTE]
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Couple score court victory in Sky row
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