Alexander Mackenzie Stuart, Baron Mackenzie-Stuart
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Alexander John Mackenzie Stuart, Baron Mackenzie-Stuart (18 November 1924 – 1 April 2000) was an advocate and judge in Scotland before becoming the first judge from the UK, and later President, of the European Court of Justice in Luxembourg.
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[edit] General remarks
He was born in Aberdeen; his father was a King's Counsel and Professor of Scots Law at Aberdeen University; Advocate (Scotland) 1951; QC (Scotland) 1963; Keeper of the Advocates' Library 1970-1972; Sheriff Principal of Aberdeen, Kincardine and Banff 1971-72; Senator of the College of Justice 1972; Judge of the Court of Justice of the European Communities 1973-1988; President of the Court 1984-88; created Baron Mackenzie-Stuart of Dean 1988; married Anne Millar; died in Edinburgh.
[edit] Early career
In 1942, he joined the Royal Engineers and was sent to Sidney Sussex College, Cambridge, on the War Office Engineering Course, followed by service, mainly building bridges, in Northern Europe. In his speech on retirement from the Court of Justice in 1988, he spoke of the indelible effect at an impressionable age of seeing the ashes of the Ruhr. After a staff post in Burma and a spell dismantling mines on the Northumbrian coast, he returned to Cambridge where he took first class honours in Part II of the Law Tripos, followed by an LL.B. with distinction at Edinburgh.
[edit] QC and Sheriff
He was called to the Scottish bar in 1951 and quickly acquired a substantial practice, taking silk in 1963. In those days there was no specialisation and he was equally at home in the realms of trusts (on which his father had written the standard textbook), taxation and estate duty (as Counsel to the Revenue) and coal-mining accidents.
In due course, he was appointed Sheriff of Aberdeen and it was not long before he was appointed a Senator of the College of Justice with the judicial title Lord Mackenzie Stuart. He was then appointed, with effect from January 1973, as a Judge of the European Court. The Prime Minister and Foreign Secretary agreed that one of the posts in Luxembourg - Judge or Advocate General - would go to a Scots lawyer. Mackenzie-Stuart’s taste for European law had been whetted by his wife who studied for an LL.M. with Professor John Mitchell, and he was asked at an early stage whether he would like to be Advocate General. The judgeship was meanwhile offered to senior lawyers in London.
[edit] European Court of Justice
The story goes that one of the London lawyers oringially offered a judgeship declined so that, much to his surprise, Mackenzie-Stuart was offered the post. The Mackenzie-Stuarts moved to Luxembourg and set up home in a farming village where they quickly became part of its life. They worked hard to build up the spirit of the embryo British community and Anne became a driving force in the European School. The Court of Justice was dominated by the formidable French President, Robert Lecourt, who regarded the new members (British, Irish and Danes) as troublesome cuckoos in the nest.
Together with Jean-Pierre Warner, the British Advocate General, Mackenzie-Stuart worked quietly, but effectively, to overcome suspicions and engineer the synchromesh of potentially incompatible legal systems which has continued to work ever since. In reality, the work of the European Court touches very little on the historical differences between the common law and the civil law, and much more on the modern problems of ensuring cross-frontier freedom to trade and to work, market regulation and fair competition.
[edit] President of the Court of Justice
He was later elected by the college of judges as President of the Court - an office he neither sought nor wanted. He took over the Presidency at a difficult time. By failing to nominate new judges, some governments were holding up the work of the Court whose workload was growing exponentially. Greece had joined in 1981, followed by Spain and Portugal in 1986, taking the number of official languages from six to nine. The Court building ("the rusty Palais" opened in 1972) was already too small and some of the translators were working in prefabricated huts. Through quiet persistence with judges, staff, Community institutions and national governments, the President ensured that the work got done, a new building was planned and the foundations were laid for a new court structure, involving the creation of a Court of First Instance.
[edit] Later life
In recognition of his contribution to the work of the Court of Justice and to Community law he was created a life peer on 18 October 1988 as Baron Mackenzie-Stuart, of Dean in the District of the City of Edinburgh (his peerage, unlike his surname and Scottish judicial title, was hyphenated). He died on 1 April 2000, in Edinburgh.
