ド
are also comprehensive requirements for consultation with the Consultative Committee.
17. The procedures regulating the exercise of the powers of the institutions of the Communities are accordingly designed to ensure full discussion with Member States and, where appropriate, a thorough examination of technical aspects before binding decisions are taken.
18. The European Court of Justice is a single court exercising jurisdiction conferred under each of the three Treaties. The seven judges and the two Advocates General are required to be chosen from persons whose independence is beyond question and who are qualified for the exercise of the highest judicial office in their respective countries or who are otherwise lawyers of the highest standing. It can be assumed that in the event of the United Kingdom becoming a member of the European Communities the Court would include a member from the United Kingdom. The jurisdiction of the Court falls into three main categories:-
(i) Jurisdiction in proceedings brought against a Member State by the Commission or another Member State for a breach of its obligations under the EEC or EURATOM Treaties (see Articles 169 to 171 of the EEC Treaty and 141 to 143 of the EURATOM Treaty; there are no corresponding provisions in the ECSC Treaty). This jurisdiction is the normal one for an international court. The Court's judgment establishes the breach, but does not impose legal sanctions against the offending State. Defaulting states are relied upon to remedy any breach of their obligations found by the Court. (ii) Supervision of the exercise of the powers of the Community institu- tions, not only in proceedings brought by Member States or by other Community institutions but also in proceedings brought by undertakings or individuals challenging the validity of acts of the institutions, appealing against penalties or claiming damages.1 (See Articles 172 to 176 and 178 of the EEC Treaty, 144, 146 to 149 and 151 of the EURATOM Treaty, and 33 to 38 and 40 of the ECSC Treaty.)
(iii) Jurisdiction to rule on questions arising in national courts and tribunals on the interpretation of the provisions of the EEC or EURATOM Treaties and the regulations and other instruments made under them. The great majority of cases brought before the Court under the EEC Treaty fall under this category. There is also jurisdiction under all three Treaties to rule on questions arising in national courts and tribunals on the validity of the instruments made under them. National courts are enabled, and in the case of courts from which there is no appeal are required,' to refer such questions to the European Court (see Article 177 of the EEC Treaty, 150 of the EURATOM Treaty and 41 of the ECSC Treaty).
19. Judgments of the European Court and decisions of the Council, Commission or High Authority imposing sanctions on individuals and under- takings are to be enforced by national courts (see Articles 187 and 192 of the EEC Treaty, Articles 44 and 92 of the ECSC Treaty, and Articles 159 and 164 of the EURATOM Treaty).
1 For examples of cases in which decisions of Community institutions have been annulled see Ferriere e Acciaierie Napoletane v. High Authority, 1966 Common Market Law Reports p. 211, Toepfer K. G. etc. v. E.E.C. Commission, 1966 Common Market Law Reports p. 111.
2 Under the ECSC Treaty reference is obligatory for all courts.
7
No comments yet.
Private notes are available after approval.