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AuthorValentine, D. G. author
TitleThe Court of Justice of the European Coal and Steel Community [electronic resource] / by D. G. Valentine
ImprintDordrecht : Springer Netherlands, 1955
Connect tohttp://dx.doi.org/10.1007/978-94-015-0927-5
Descript XII, 273 p. 2 illus. online resource

SUMMARY

THE CREATION OF THE COURT OF JUSTICE OF THE EUROPEAN COAL AND STEEL COMMUNITY On 9th May, 1950, M. Robert Schuman, the then Foreign Minister of France, speaking at a Press Conference in Paris, outlined the idea of establishing a Community within Europe to control the production of coal and steel. "The French Governยญ ment", he stated, "propose to place the whole of the Francoยญ German production of coal and steel under a common high authorityl within an organisation open to the participation of other countries of Europe ... This will form the first concrete step towards a European Federation, which is indispensable for peace" 2. This statement, apart from the specific mention of a high authority, does not mention any proposed organs of such a Community, and, as will appear, no firm idea of the Community's structure existed at all at that date. Six weeks after this announcement in Paris, a Conference composed of the six States that were to form the Coal and Steel 4 Community3 met under the presidency of M. Monnet โ{128}ข This Conference continued its work "consciencieux et discret, rue 5 Martignac" until March, 1951 โ{128}ข The first reference that one finds to a judicial organ to control the activity of the Community is contained in the document subยญ mitted by the Commissariat general au Plan 6. When compared with 1 The term is given in small letters as a description rather than as a title. 2 Bulletin Quotidien, llth May, 1950


CONTENT

The Creation of the Court of Justice -- I. The Ratification Debates -- Views Expressed upon the Function of the Court -- The Nature of the Court -- Criticisms brought against the Court -- Opinions upon the Value of Appeals to the Court -- Opinions expressed upon Articles of the Treaty -- II. The Organisation of the Court -- The Judges -- The President of the Court -- The Chambers of the Court -- The Presidents of the Two Chambers -- The Juge Rapporteur -- Disqualifications -- Immunities -- The Ending of the Term of Office of a Judge -- The Advocates General -- The Registrar -- The Rapporteurs Adjoints -- The Attachรฉs to the Court -- III. The Competence of the Court -- Categories of Competence granted to the Court -- An Analysis of the Competence of the Court -- IV. The Procedure of the Court -- Sessions and Deliberations of the Court -- The Vacations of the Court -- The Official Languages of the Court -- Representation -- The Submission of the Request -- The Written Procedure -- Third Party Intervention -- Preliminary Pleas of Defence -- The Instruction -- Witnesses and Experts before the Court -- The Oral Procedure -- The Judgement of the Court -- Corrections of the Judgement -- The Interpretation of the Judgement -- Judgements against a Defaulting Party -- Summary Procedure -- Actions concerning the Validity of the Dรฉlibรฉrations of the High Authority -- The Amendment of the Powers of the High Authority -- The Withdrawal of a Case -- Costs -- Procedural Time Periods and Limitations -- Notifications -- V. Cases before the Court -- Lโ{128}{153}Union des Armateurs Allemands and others v. The High Authority -- Bunkerfirmen-Vereinigung v. The High Authority -- The Government of the French Republic v. The High Authority -- The Government of His Majesty the King of Belgium v. The High Authority -- The Government of the French Republic v. The High Authority -- The Government of the Italian Republic v. The High Authority -- Lโ{128}{153}Association ASSIDER v. The High Authority -- Lโ{128}{153}Association ISA v. The High Authority -- Sociรฉtรฉ Anonyme de Charbonnages Rรฉunis de la Minerie v. The High Authority -- The Government of the Netherlands v. The High Authority -- VI. The Proposed Future Development of the Court -- a. Proposed Extensions of Jurisdiction under the European Defence Community Treaty -- The Subordinate Tribunals of the Defence Community -- b. Extensions of Jurisdiction under the European (Political) Community Treaty -- Appendix I. The Ratification of the Treaty Instituting the European Coal and Steel Community -- a. Voting in the National Parliaments of the Six Member States -- b. Documents concerned with the Preliminary Discussions upon the Schuman Plan -- Appendix II. The Decisions and Recommendations of the High Authority โ{128}{148} Arts. 33 and 35 of the Treaty -- A. Duties imposed upon the High Authority to take a Decision or formulate a Recommendation -- B. Powers granted to the High Authority to take a Decision or formulate a Recommendation -- Appendix III. Pecuniary Sanctions and Daily Penalty Payments โ{128}{148} Art. 36 of the Treaty -- a. Decisions having Executory Force -- b. Agreement to Action Proposed by the High Authority -- c. Consultation with the High Authority -- Appendix VI. Obligations Imposed Upon Member States โ{128}{148} Art. 88 of the Treaty -- Appendix VII. The Budget of the Court, 1954โ{128}{147}1955


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