Judicial control may play an important role in integration processes, at least where, as in the case of the European Court of Justice, the judiciary has a formal obligation to promote integration. Such control may not simply be central to the interpretation of trade liberalization and other requirements embodied in the EC Treaty. To the extent that the other Community institutions and national institutions must respect such requirements, the natural implication is that the work of these institutions and, hence, their treatment of trade issues may be affected by judicial interpretation of the same requirements. As a result, the operation of provisions governing trade may not only be affected by, but may also affect, the operation of provisions governing the presentation and resolution of trade issues.
Recognition of the importance of judicial control for integration processes seems to have been more influential in negotiations for the EEA Agreement1 than in negotiations for the Free Trade Agreements and the Europe Agreements. Indeed, the draft EEA Agreement envisaged the creation of two new judicial bodies: the EEA Court of Justice and the EEA Court of First Instance. These courts were designed to go further in reconciling institutional separation with application of common rules than the arrangements for joint decisionmaking and committee work also made in the Agreement. In the view of the Commission, such reconciliation was achieved by the draft Agreement without the role of the existing Court of Justice being prejudiced. According to the Commission, the draft Agreement meant that no court other than the Court of Justice would have jurisdiction to give preliminary rulings on the interpretation of the EC Treaty, that the EEA Court would not apply the EEA Agreement in ignorance of Community law or the case law of the Court of Justice, that the competition rules would not be applied in a disorganized manner, that economic agents would not be denied access to judicial review by the procedure for preliminary rulings, and that the EFTA States would not be made____________________