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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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