The friend of the court: between jurisprudential theorizing and legal grounding

Abstract

This research examines the institution of Amicus Curiae (Friend of the Court) as a judicial mechanism that has gained widespread recognition and use in many common law and civil law jurisdictions, as well as before regional and international courts. The study seeks to clarify the nature of this mechanism by defining it and distinguishing it from other judicial procedures with which it may be confused. It further explores the scope of recourse to Amicus Curiae at the national, regional, and international levels. The research is supported by numerous judicial decisions that have relied on this mechanism, demonstrating its significance and practical relevance