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Further light on the problem with Advocate Generals' opinions has been
quickly provided by the head of the EUR-Lex unit in OPOCE, Pascale
Berteloot. She gives a fuller explanation of how case law is currently
treated in EUR-Lex, and of the improvements that are planned. Here is a
slightly edited version of her response, with emphasis added, and with
my interpolated comments:

 

************************************

EUR-Lex is a fully documentary database, which means that all documents
are linked to metadata or better to the entire documentary and legal
analysis of the documents, the bibliographic notices. This means that
the metadata are managed independently of the documents themselves. The
metadata include the document in a specific format used to index the
documents.

 

Case law: the documentary and legal analysis of the documents is
provided by the Court itself. These data (for the judgment itself and
the related opinion of the Advocate General) are delivered more or less
one week after the judgment, which means that for several months the
opinions are in the database as a document but without metadata or
notice. [This means that until the judgment is delivered, the AG Opinion
is available in the browsable Case Law collection, but can not be found
via Simple Search.]

 

The first progress we made by September 2005 was to introduce an early
access to opinions of Advocates General (now normally sent to us by the
Court the day they are delivered), while previously they were made
available only when the judgment itself became available. We have now
for the last six months created a short set of metadata [for these
opinions]. However, these are not available for the moment in the
documentary part of the database [which is the part that can be
searched]  Our intention is to have them as soon as possible in this
documentary part and the problem you faced will no longer exist.

 

Names of parties [Why is the 'Parties' search option disabled?] The
option "Parties" has not been developed so far, as we are specifying it
in cooperation with the Court. This option might also be a problem with
regard to the personal data protection directive. We take note of your
wish for a guidance in this respect.

 

Joined cases [Why are all the case numbers of 'joined cases' not indexed
and searchable?] The metadata of joined cases do not reflect all case
numbers. That would mean that all notices of joined cases would have to
be corrected. We are aware of the problem and have already mentioned it
to the Court.

 

************************************

 

So we can expect that locating opinions of Advocates General in EUR-Lex
will get easier eventually, though some of the desirable improvements
may take quite a while to implement. In the meantime, it seems a pity
that the current limitations of the system are not drawn to the
attention of EUR-Lex users.

 

Chris Lamb

CORDIS

Brussels

 

 

-----Original Message-----
From: European Documentation Centres (EDC)
[mailto:[log in to unmask]] On Behalf Of Suzanne White
Sent: 09 March 2006 14:27
To: [log in to unmask]
Subject: FW: Eur-lex

 

This is the reply from OPOCE Helpdesk about why the Advocate General's

Opinion was not easily found on Eurlex.  Suzanne White

 

-----Original Message-----

From: OPOCE HELPDESK ONLINE [mailto:[log in to unmask]] 

Sent: 09 March 2006 13:19

To: Suzanne White

Subject: RE: Eur-lex

 

Dear Ms White,

 

Once you have connected EUR-Lex at <http://europa.eu.int/eur-lex/lex>

and chosen "simple search", you simply ask for Caulfiekld (to be

understood as a word in the title). You will get the only notice the

EUR-Lex archive is able to offer:

Case C-257/04: Reference for a preliminary ruling by the Court of Appeal

(England and Wales), Civil Division, by order of that court dated 15

June 2004, in the cases of Michael Jason Clarke against Frank Staddon

Ltd and J.C. Caulfield, C.F. Caulfield and K.V. Barnes against Marshalls

Clay Products Ltd

Official Journal C 217 , 28/08/2004 P. 0013 - 0013 

 

This means that the texts relating to this case have not yet been sent

by the European Court of Justice (texts intended for publication to the

European Court Reports).

The reason why can be searched from teh Website of teh European Court of

Justice (<http://curia.eu.int>) :

we can see there taht this is a pending case. So no official documents

are currently available.

 

I wish this to help.

 

Best regards,

 

Claudine Tayot

Publications Office

Dissemination unit - helpdesk 

 

 

 

-----Original Message-----

From: Suzanne White [mailto:[log in to unmask]]

Sent: mercredi 8 mars 2006 14:45

To: OPOCE HELPDESK ONLINE

Subject: FW: Eur-lex

 

 

Please note that I had the following problem trying to find Advocate

General's opinion on Eur-lex.  Best wishes Suzanne White

 

-----Original Message-----

From: Suzanne White 

Sent: 07 March 2006 11:59

To: [log in to unmask]

Subject: Eur-lex

 

 

Hello all, 

 

I was trying to help a lecturer find an Advocate General's opinion on

Caulfield v Marshalls Clay Products using the new Eur-lex.  There is an

option on Simple Search to narrow the search down to Advocate General's

opinions however I couldn't find this particular one.

 

I just Googled it and of course found the opinion on Emplaw in full.

 

Does anyone know why I was unable to locate the case on Eurlex even if I

tried searching once I knew the date?  Has anyone had similar problems?

 

Suzanne White

Coventry University


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