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The institutionalization of the European court of justice

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On May 9, 1950, Robert Schuman, the new French foreign minister, presented a bold plan for the realization of a European Coal and Steel establishment in his famous statement. The objective was to organize economic solidarity, in order to allow a political rapprochement. The treaty establishing the ECSC was signed in Paris on April 18, 1951. He foresaw the creation of a High Authority, a Common Assembly, a Special Council of Ministers, a Court and a Court of Justice. The establishment of a court whose decisions were binding and enforceable in the territory of the Member States of the European Community was a ?Community of law'. It has a unique legal system.

Headquartered in Luxembourg, since the Treaty of Nice, it was composed of a judge per Member State assisted by eight Advocates-General. The mission of the Court of Justice was to ensure compliance with the law in interpretation and application of the treaty. It seems necessary to recall the case, in order to subsequently understand the importance of the evolution of the skills and actions by which a Member State or Commission may apply to the Court if it considers that a member state had failed to fulfill its obligations under the treaty. The annulment allows the Court to review the legality of the Council and Commission. Member states, institutions or any other person or entity may petition the Court for breach of an institution in its duty; it is the action for failure. The Court may also lodge any person or entity to which a Community institution has caused extra contractual damages, and be liable for action. Finally, we find the preliminary ruling, by which any court sitting in the EU can ask the Court of Justice, so that it interprets the Treaty or secondary acts.

The action for annulment allows the Court to review the legality of the Council and the Commission (and the Parliament following the decision). Member states, institutions or any other person or entity may petition the Court for failure of an institution in its duty to act. The Court may also be approached by any person or entity to whom a Community institution has caused damage outside contract, it constitutes action for damages. Finally, there is the preliminary ruling, by which any court sitting in the European Union may appeal to the Court of Justice, so that - it interprets the Treaty or secondary legislation.

It will not be here to address the technical skills of the Court as may be the case in a court of European law. One may wonder in what context was born the Court, What needs does it have and how has it evolved in the context of European integration? Above all, how can it be regarded as a new institution since its inception itself it has been one of the underlying elements of the EU framework? To answer these questions, we will look at the institutionalization of the Court which took place in parallel with the construction of Community law.

Tags: Community law, Court of Justice, ECSC

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