Keywords

Summary



Keywords

1 . APPLICATION FOR ANNULMENT OF A MEASURE - MEASURES OF THE EUROPEAN PARLIAMENT - MEASURE RELATING SIMULTANEOUSLY AND INDIVISIBLY TO THE SPHERES OF THE THREE TREATIES - REMEDIES AVAILABLE AGAINST SUCH A MEASURE - LEGAL BASIS

( ECSC TREATY , ART . 38 , FIRST PARAGRAPH )

2.APPLICATION FOR ANNULMENT OF A MEASURE - MEASURES OF THE EUROPEAN PARLIAMENT - APPLICATION BY A MEMBER STATE BASED ON ARTICLE 38 OF THE ECSC TREATY - CONDITIONS OF ADMISSIBILITY

( ECSC TREATY , ART . 38 , FIRST PARAGRAPH )

3.EUROPEAN COMMUNITIES - SEAT OF THE INSTITUTIONS - DETERMINATION - POWER OF THE MEMBER STATES - EXERCISE - OBLIGATION

( ECSC TREATY , ART . 77 ; EEC TREATY , ART . 216 ; EAEC TREATY , ART . 189 )

4.EUROPEAN COMMUNITIES - SEAT OF THE INSTITUTIONS - DETERMINATION - POWER OF THE MEMBER STATES - POWER OF THE EUROPEAN PARLIAMENT TO DETERMINE ITS INTERNAL ORGANIZATION - CONDITIONS FOR EXERCISE - RECIPROCAL OBLIGATION TO RESPECT THE POWERS OF THE OTHER - SCOPE

( ECSC TREATY , ART . 25 ; EEC TREATY , ARTS 5 AND 142 ; EAEC TREATY , ART . 112 ; MERGER TREATY , ART . 37 )

5.EUROPEAN COMMUNITIES - SEAT OF THE INSTITUTIONS - DETERMINATION - POWER OF THE MEMBER STATES - NO EFFECT UPON THE POWER OF DISCUSSION OF THE EUROPEAN PARLIAMENT

( ECSC TREATY , ART . 25 ; EEC TREATY , ARTS 5 AND 142 ; EAEC TREATY , ART . 112 ; MERGER TREATY , ART . 37 )

6.EUROPEAN COMMUNITIES - EUROPEAN PARLIAMENT - LOCATION OF PLENARY SESSIONS - DETERMINATION - MANIFESTATION OF INTENTION BY THE MEMBER STATES - PRACTICE INTRODUCED BY THE EUROPEAN PARLIAMENT OF ITS OWN MOTION - EFFECT

( ECSC TREATY , ART . 25 ; EEC TREATY , ARTS 5 AND 142 ; EAEC TREATY , ART . 112 ; MERGER TREATY , ART . 37 ; DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF 8 APRIL 1965 , ART . 1 )

7.EUROPEAN COMMUNITIES - SEAT OF THE INSTITUTIONS - MAINTENANCE BY THE EUROPEAN PARLIAMENT OF THE INFRASTRUCTURE ESSENTIAL FOR ITS VARIOUS PLACES OF WORK - CONDITIONS

( ECSC TREATY , ART . 25 ; EEC TREATY , ARTS 5 AND 142 ; EAEC TREATY , ART . 112 ; MERGER TREATY , ART . 37 ; DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF 8 APRIL 1965 , ART . 4 )

Summary

1 . SINCE THE EUROPEAN PARLIAMENT IS AN INSTITUTION COMMON TO THE THREE COMMUNITIES IT NECESSARILY ACTS IN THE FIELD OF THE THREE TREATIES INCLUDING THAT OF THE ECSC TREATY WHEN IT ADOPTS A RESOLUTION RELATING TO ITS OPERATION AS AN INSTITUTION AND THE ORGANIZATION OF ITS SECRETARIAT . IT FOLLOWS THAT THE JURISDICTION OF THE COURT AND THE PROCEEDINGS PROVIDED FOR BY THE FIRST PARAGRAPH OF ARTICLE 38 OF THE ECSC TREATY ARE APPLICABLE TO MEASURES SUCH AS THE CONTESTED RESOLUTION WHICH RELATE SIMULTANEOUSLY AND INDIVISIBLY TO THE SPHERES OF THE THREE TREATIES .

2.THE FIRST PARAGRAPH OF ARTICLE 38 OF THE ECSC TREATY WHICH PROVIDES THAT THE COURT MAY DECLARE AN ACT OF THE ASSEMBLY OR OF THE COUNCIL VOID ' ' ON APPLICATION BY A MEMBER STATE OR THE HIGH AUTHORITY ' ' DOES NOT SUBJECT THE EXERCISE OF THE RIGHT OF ACTION BY A MEMBER STATE OR THE HIGH AUTHORITY TO ANY ADDITIONAL CONDITION INVOLVING PROOF OF AN INTEREST OR CAPACITY TO BRING PROCEEDINGS .

IT FOLLOWS THAT THE RIGHT OF ACTION GIVEN BY THAT PROVISION IS AVAILABLE TO EACH OF THE MEMBER STATES INDIVIDUALLY AND THE ADMISSIBILITY OF AN ACTION BROUGHT PURSUANT TO THAT ARTICLE CANNOT DEPEND ON THE PARTICIPATION OF OTHER MEMBER STATES OR THE COMMISSION IN THE PROCEEDINGS BEFORE THE COURT .

3.ACCORDING TO ARTICLE 77 OF THE ECSC TREATY AND ALSO ARTICLE 216 OF THE EEC TREATY AND ARTICLE 189 OF THE EAEC TREATY IT IS FOR THE GOVERNMENTS OF THE MEMBER STATES TO DETERMINE THE SEAT OF THE INSTITUTIONS . IN GIVING THE MEMBER STATES THAT POWER THOSE PROVISIONS MAKE THEM RESPONSIBLE FOR SUPPLEMENTING IN THAT RESPECT THE SYSTEM OF INSTITUTIONAL PROVISIONS PROVIDED FOR BY THE TREATIES IN ORDER THUS TO ENSURE THE WORKING OF THE COMMUNITIES . IT FOLLOWS THAT THE MEMBER STATES HAVE NOT ONLY THE RIGHT BUT ALSO THE DUTY TO EXERCISE THAT POWER .

4.WHEN THE GOVERNMENTS OF THE MEMBER STATES MAKE DECISIONS FIXING THE PROVISIONAL PLACES OF WORK OF THE INSTITUTIONS THEY MUST , IN ACCORDANCE WITH THE RULE IMPOSING ON MEMBER STATES AND THE COMMUNITY INSTITUTIONS MUTUAL DUTIES OF SINCERE COOPERATION , AS EMBODIED IN PARTICULAR IN ARTICLE 5 OF THE EEC TREATY , HAVE REGARD TO THE POWER OF THE EUROPEAN PARLIAMENT TO DETERMINE ITS INTERNAL ORGANIZATION AND ENSURE THAT SUCH DECISIONS DO NOT IMPEDE THE DUE FUNCTIONING OF THE PARLIAMENT .

FURTHERMORE , WHILST THE PARLIAMENT IS AUTHORIZED , PURSUANT TO THE POWER TO DETERMINE ITS OWN INTERNAL ORGANIZATION GIVEN TO IT BY ARTICLE 25 OF THE ECSC TREATY , ARTICLE 142 OF THE EEC TREATY AND ARTICLE 112 OF THE EAEC TREATY , TO ADOPT APPROPRIATE MEASURES TO ENSURE THE DUE FUNCTIONING AND CONDUCT OF ITS PROCEEDINGS , THE DECISIONS OF THE PARLIAMENT IN TURN MUST , IN ACCORDANCE WITH THE SAME MUTUAL DUTIES OF SINCERE COOPERATION , HAVE REGARD TO THE POWER OF THE GOVERNMENTS OF THE MEMBER STATES TO DETERMINE THE SEAT OF THE INSTITUTIONS AND TO THE PROVISIONAL DECISIONS TAKEN IN THE MEANTIME .

5.THE POWER OF THE GOVERNMENTS OF THE MEMBER STATES TO DETERMINE THE SEAT OF THE INSTITUTIONS DOES NOT AFFECT THE RIGHT INHERENT IN THE EUROPEAN PARLIAMENT TO DISCUSS ANY QUESTION CONCERNING THE COMMUNITIES , TO ADOPT RESOLUTIONS ON SUCH QUESTIONS AND TO INVITE THE GOVERNMENTS TO ACT .

THE PARLIAMENT CANNOT BE CONSIDERED TO HAVE EXCEEDED ITS POWERS SOLELY BECAUSE IT HAS ADOPTED A RESOLUTION ' ' ON THE SEAT OF THE INSTITUTIONS OF THE EUROPEAN COMMUNITY AND IN PARTICULAR OF THE EUROPEAN PARLIAMENT ' ' , DEALING WITH THE QUESTION OF ITS PLACE OF WORK .

6.ARTICLE 1 OF THE DECISION ON THE PROVISIONAL LOCATION OF CERTAIN INSTITUTIONS AND DEPARTMENTS OF THE COMMUNITIES AND THE DECLARATIONS ADOPTED BY THE MINISTERS FOR FOREIGN AFFAIRS ON THE ENTRY INTO FORCE OF THE TREATIES CLEARLY SHOWED THE INTENTION OF THE GOVERNMENTS OF THE MEMBER STATES THAT THE ' ' ASSEMBLY WILL MEET IN STRASBOURG ' ' .

THE PRACTICE SUBSEQUENTLY ADOPTED BY THE PARLIAMENT OF ITS OWN MOTION , WITHOUT THE EXPRESS OR IMPLIED APPROVAL OF THE MEMBER STATES , OF HOLDING UP TO HALF ITS PLENARY SESSIONS IN LUXEMBOURG CANNOT BE REGARDED AS HAVING CREATED A CUSTOM SUPPLEMENTING THE DECISIONS OF THE MEMBER STATES IN THE MATTER AND REQUIRING THE PARLIAMENT TO HOLD SOME OF ITS PLENARY SESSIONS IN LUXEMBOURG .

THE DECLARATION MADE BY THE GOVERNMENTS OF THE MEMBER STATES AT THE END OF THE CONFERENCE ON THE SEAT OF THE INSTITUTIONS WHICH WAS HELD IN 1981 TO THE EFFECT THAT THE STATUS QUO SHOULD BE MAINTAINED CAN BE UNDERSTOOD ONLY AS AN EXPRESSION OF THE INTENTION NOT TO CHANGE THE PREVIOUS LEGAL POSITION AND THEREFORE DOES NOT PREVENT THE PARLIAMENT FROM ABANDONING A PRACTICE WHICH IT HAD BEGUN OF ITS OWN MOTION .

7.IN THE ABSENCE OF A SEAT OR EVEN A SINGLE PLACE OF WORK , THE PARLIAMENT MUST BE IN A POSITION TO MAINTAIN IN THE VARIOUS PLACES OF WORK OUTSIDE THE PLACE WHERE ITS SECRETARIAT IS ESTABLISHED THE INFRASTRUCTURE ESSENTIAL FOR ENSURING THAT IT MAY FULFIL IN ALL THOSE PLACES THE TASKS WHICH ARE ENTRUSTED TO IT BY THE TREATIES .

NEVERTHELESS ANY DECISION TO TRANSFER THE GENERAL SECRETARIAT OF THE PARLIAMENT OR THE OTHER DEPARTMENTS , WHOLLY OR PARTIALLY , DE JURE OR DE FACTO , WOULD CONSTITUTE A BREACH OF ARTICLE 4 OF THE DECISION ON THE PROVISIONAL LOCATION OF CERTAIN INSTITUTIONS AND DEPARTMENTS OF THE COMMUNITIES AND OF THE ASSURANCES WHICH THAT DECISION WAS INTENDED TO GIVE TO THE GRAND DUCHY OF LUXEMBOURG PURSUANT TO ARTICLE 37 OF THE TREATY ESTABLISHING A SINGLE COUNCIL AND SINGLE COMMISSION OF THE EUROPEAN COMMUNITIES .