The Court of the European Communities: New Dimension in International Adjudication

ISBN-13: 9789401186728 / Angielski / Miękka / 1964 / 127 str.

Werner Feld

Opis

If the United States of Europe should become a reality in the future, it is highly probable that the Court of Justice of the European Communities, now sitting in Luxembourg, will be transformed into the supreme court of the new federation. Legal concepts and judicial traditions formed by the judges in Luxem bourg will then become a prominent part of the historical background of this new court. However, even now, during the process of economic intergration in Western Europe, the Court of the European Communities has been assuming an increasingly important role in the settlement of conflicts between economic and sometimes political interests. Moreover, through its more than hundred decisions, the Court has been developing a body of "European" case law which, in time, is likely to have favorable implications for the eventual political unification of Europe. This book is primarily intended as an introduction to the structure and functions of the Court of the European Communi ties. In this endeavor consideration has also been given to the forces and factors that might affect the judicial decisions of the Court and to the impact which such decisions might have upon economic enterprises and public policy in the Member states of the European Community, better known as the European Common Market."

Spis treści

I. Institutional Setting.- II. Organization of the Court.- The Judges.- The Advocates-General.- Obligations and Rights.- The Registrar of the Court.- The Attachés of the Court.- The Chambers of the Court.- The Backgrounds of the Top Personnel of the Court.- III. The Jurisdiction of the Court.- Access to the Court.- Classification of Jurisdictional Powers.- A. The Court as an International Tribunal.- B. The Court as a Constitutional Tribunal.- The Powers of the Communities’ Organs.- Relations Between the Communities and the Member States.- Uniform Interpretation of the Treaties.- Revision of Treaties.- Miscellaneous Functions of a Constitutional Nature.- C. The Court as an Administrative Tribunal.- Appeals by Private Parties.- Notable Litigations.- D. The Civil Jurisdiction of the Court.- Civil Service Matters.- Liability of the Communities.- E. Miscellaneous Competences of the Court.- IV. Sources of Law.- V. Procedure.- The Written and Oral Phases of the Proceedings.- The Language Problem.- The Judgment.- Review of Judgments.- Enforcement of Judgments.- VI. Conclusions.- The Court’s Impact on the Formulation of Public Policy.- The Court’s Contribution to Political Integration.- Selected Bibliography.