The Court of Justice confirms the dismissal of two actions for annulment brought by Ms Eleanor Sharpston, seeking a finding that the premature end of her mandate as Advocate General by virtue of the withdrawal of the United Kingdom of Great Britain and Northern Ireland was unlawful

(Source: Court of Justice of the EU)

The General Court did not err in holding that acts adopted by the representatives of the
governments of the Member States are not subject to judicial review by the EU Courts

In 2005, on the nomination of the Government of the United Kingdom, the representatives of the
governments of the Member States appointed Ms Eleanor Sharpston, the appellant, to the Court of
Justice to serve as an Advocate General for the remaining term of her predecessor’s mandate, that
is until 6 October 2009. Her mandate was renewed, for the period from 7 October 2009 to
6 October 2015, and then from 7 October 2015 to 6 October 2021.

On 29 January 2020, the Conference of the Representatives of the Governments of the Member
States adopted the Declaration on the consequences of the withdrawal of the United Kingdom of
Great Britain and Northern Ireland from the European Union for the Advocates General of the
Court of Justice of the European Union (‘the declaration at issue’). In that declaration, it noted that,
since the United Kingdom had initiated the procedure laid down in Article 50 TEU to withdraw from
the European Union, the Treaties would cease to apply to it as from the date of entry into force of
the Withdrawal Agreement. It also noted that, therefore, the mandates of the members of
institutions, bodies, offices and agencies of the Union who were nominated, appointed or elected in
relation to the United Kingdom’s membership of the European Union would end on the date of the
withdrawal.

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