Legal advisers in the European Union: The case of the Council Legal Adviser and the Council Legal Service

This chapter considers the roles of the Legal Adviser (CLA) to and Legal Service (CLS) of the Council and the European Council. The chapter opens by outlining the constituent documents, principles, and situation of EU law following, inter alia, the entry into force of the Treaty of Lisbon. It subsequently considers the ways in which the rule of law is protected in the Union: focusing on the role of the Court of Justice of the EU and the most critical principles of EU law, namely primacy and direct effect. The functions and structure of the CLS and the work of its six directorates are detailed, including the unique ‘Legislative Quality Directorate’, which ensures the quality of the Council’s legal acts. Like other legal advisers working for international organizations, the CLA/CLS’s roles are centred on advice, negotiation, and litigation. They facilitate the development, clarification, implementation, and enforcement of EU law and international law; have played a central role in the development of the EU Treaties; and are confronted with several complex legal issues, most notably challenges derived from the uncertain relationship between EU law and international law. The chapter closes by examining the EU’s significant contributions to international law as well as challenges relating to the EU’s enigmatic status therein.