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1 J. Common Mkt. Stud. 1 (1962-1963)

handle is hein.journals/jcmks1 and id is 1 raw text is: THE COURT OF THE EUROPEAN COMMUNITIES By J. F. MCMAHON 1. COMPETENCE OP THE COURT JuDCIAL interpretation of the charter of an international organization is the exception rather than the rule. Although many of the specialized agencies, in their constitutive treaty, make a small genuflection in the direction of the International Court ofJustice,2 such gesture has proved to be more a matter of form than substance. However, in the case of the European Communities, Article 164 of the E.E.C. Treaty, Article 134 of the Euratom Treaty and Article 31 of the E.C.S.C. Treaty all expressly provide for a Court whose function is to ensure the rule of law in the interpretation and application of the basic treaty of each of the three Communities. The Court, like the European Parliament, is an institution common to all three Communities-a pledge of more unity to come. As, at the time of writing, the only cases decided under the E.E.C. Treaty have been two appeals lodged by public servants against their dismissal,' any reference in this article to the jurisprudence of the Court will usually be to cases arising from inter- pretation of the E.C.S.C. Treaty, concerning which nearly one hundred judgments have been rendered.5 Many of these judgments were given by the old Court of the European Coal and Steel Community, until that Court was replaced in October 1958 by the Court of the European Communities. There can be little doubt that the present Court now responsible for interpreting all three constitutive treaties, all of which are concerned with closer European integration, will seize the opportunity to strengthen such efforts towards integration by the unity of its jurisprudence in interpretation and its formulation of a Community Law. The competence of the Court is extremely widespread and varied. One may take as a point of departure Article 173 paragraph i of the E.E.C. Treaty. The Court of Justice shall determine upon the legality of the acts of the Council and of the Commission other than recommendations and opinions. To this effect, it is competent to pronounce upon apeals for incompetence, violation of substantial procedural requirements, violation ofthe present Treaty or ofany rule oflaw concern- ing its application, or for ditoumement de pouvoir brought by a member state, the Council or the Commission. 1

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