The Court of Justice of the European Coal and Steel by Donald Graham Valentine (auth.)

By Donald Graham Valentine (auth.)

THE production OF THE court docket OF JUSTICE OF the ecu COAL AND metal group On ninth may perhaps, 1950, M. Robert Schuman, the then overseas Minister of France, conversing at a Press convention in Paris, defined the belief of creating a neighborhood inside Europe to manage the construction of coal and metal. "The French Govern­ ment", he said, "propose to put the total of the Franco­ German creation of coal and metal less than a typical excessive authority! inside of an corporation open to the participatio~ of different international locations of Europe ... this may shape the 1st concrete step in the direction of a ecu Federation, that is essential for peace" 2. This assertion, except the categorical point out of a excessive authority, doesn't point out any proposed organs of this sort of group, and, as will look, no company inspiration of the Community's constitution existed in any respect at that date. Six weeks after this assertion in Paris, a convention composed of the six States that have been to shape the Coal and metal four Community3 met less than the presidency of M. Monnet • This convention endured its paintings "consciencieux et discret, rue five Martignac" till March, 1951 • the 1st reference that one reveals to a judicial organ to regulate the task of the group is inside the record sub­ mitted by way of the Commissariat common au Plan 6. compared to 1 The time period is given in small letters as an outline instead of as a identify. 2 Bulletin Q.uotidien, eleventh may perhaps, 1950.

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2. 8 What meaning the Netherlands' Government attaches to the term "negative decision" is not clear, as by Art. 37, par. 3 the Court may annul decisions of the High Authority attempting to end the disturbance as well as explicit or implicit refusals to recognise the existence of the situation. It is suggested that these cannot all be classed as negative decisions. , page 43. 10 en apprecier le bien-fonde. 1 2 THE RATIFICATION DEBATES 27 However, it may well be questioned what meaning the words "within the limits of Art.

3, par. I of the Rules. The case of the judge being re-elected after a period of yean; during which he was not a member of the Court is not mentioned. 2 Art. 32, par. 2 of the Treaty. For the names of the judges that have been thus decided, see page 5 above. 3 Art. 32, par. 3 of the Treaty. 4 Art. 32, par. 4 of the Treaty. This proposal can presumably be made by a simple majority. Once the number of judges has been increased there appears to be no machinery for reducing the Court to the original number of seven.

8, par. 8, 1951-1952, page 83, coLI. 32 THE RATIFICATION DEBATES "In the eyes of the Government the limitation to an equitable indemnity appears to be fair". A further question raised by the members of Parliament on Art. 40 1 queried which national judges would be competent to decide the disputes mentioned in par. 3. To this the Government replied 2: "When there is a dispute between the Community and a third party - that is, one who is not subject to the authority of the Community - this dispute can be brought before that judge who is competent in accordance with the national legislation of each of the member States".

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