Judicial Control of the European Communities

By Gerhard Bebr | Go to book overview

II
Conclusions

IN exercising its judicial control the Court is to (i) secure the legality and 'constitutionality' of the administration and quasi-legislature; and (ii) protect the interests of the parties. To do justice to these objectives the Court has been developing a delicate balance between the Community requirements and the interests of the Member States and private parties. The pursuance of the first objective is evident in the somewhat reserved policy of the Court in using its inquisitorial powers.1 The common Rules of Procedure which regulate the procedure of the different jurisdictions of the Court contain no explicit general provisions which would indicate the circumstances under which the Court could exercise these powers.2 To clarify this question the type of jurisdiction in which the Court could undertake an examination ex officio must first be determined. The Court should, and actually to some extent does, use its inquisitorial powers when it controls the legality of administration. An appeal for annulment or against inaction opens a public procedure which by its very nature is governed by the inquisitorial principle.3

____________________
1
Indications of some inquisitorial powers may be found in ECSC Treaty, Statute of the Court, Arts. 24, 25, 28, para. 3; EEC Treaty, Statute, Arts. 21, 22, 26, 28; Euratom Treaty, Statute, Arts. 22, 23, 27, 29.

Rules of Procedure, Arts. 47, s. 1, 77, 94.

According to the Rules of Procedure, Art. 77, para. 1, the plaintiff may withdraw his action until the Court renders its decision, provided the other party to the dispute agrees. Significantly, however, Art. 77, para. 2 explicitly precludes the application of this provision to an appeal for annulment or against inaction - as if indicating that if a party lodges an appeal, the subsequent procedure and judgment becomes of public interest. Despite this provision the Court accepted a partial withdrawal of an appeal for annulment, see Judgments Nos. 16-18/59 ( Geitling c. Hohe Behörde) 6Sammlung47, at p. 65 ( 1960).

This inquisitorial principle is also shown by the Rules of Procedure Art. 94 according to which the plaintif may request judgment by default if the defendant did not submit his replique in due time. But before rendering such a judgment the Court must examine whether the appeal was properly raised and whether it was admissible.

2
Riese, "'Die Verfahrensordnung des Gerichtshofes der Europäaischen Gemeinschaft für Kohle und Stahl'", Neue Juristische Wochenschrift Vol. 6 ( 1953) 521, at p. 522.
3
De Laubadère, op. cit. supra, at p. 393; Lenoan, op. cit. supra, at p. 36; Eyermann and Froehler, op. cit. supra, at pp. 211-212. Loesch, "'Le Conseil d'Etat- Comité du Conten­ Unlike a civil procedure,tieux'"

-237-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Judicial Control of the European Communities
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 272

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.