THE PARLIAMENT INFRINGED THE DECISION CONFIRMING THE STATUS QUO TAKEN BY THE HEADS OF STATE AND OF GOVERNMENT OF THE MEMBER STATES AT MAASTRICHT ON 23 AND 24 MARCH 1981 AND AT THE CONFERENCE ON THE SEAT OF THE INSTITUTIONS OF THE COMMUNITY ON 30 JUNE 1981 . IN PROVIDING FOR A CHANGE IN THE OPERATION OF THE SECRETARIAT AND THE DEPARTMENTS OF THE PARLIAMENT ON THE BASIS OF PART-SESSIONS IN STRASBOURG AND MEETINGS OF THE COMMITTEES AND POLITICAL GROUPS IN BRUSSELS THE PARLIAMENT INFRINGED ARTICLE 4 OF THE DECISION OF 8 APRIL 1965 .
33 THE PARLIAMENT CONTENDS THAT THE GOVERNMENTS OF THE MEMBER STATES HAVE MADE NO USE OF THEIR POWER TO FIX THE SEAT AND THERE CAN THEREFORE BE NO USURPATION OF THAT POWER . IN ANY EVENT THE CONTESTED RESOLUTION CONSTITUTES ON THE ONE HAND A REQUEST OF A POLITICAL NATURE ADDRESSED TO THE GOVERNMENTS OF THE MEMBER STATES RECOMMENDING THEM TO ADOPT CERTAIN MEASURES IN RELATION TO THE SEAT AND ON THE OTHER HAND A MEASURE OF ORGANIZATION OF ITS INTERNAL ADMINISTRATION ADOPTED IN CONFORMITY WITH ARTICLE 142 OF THE EEC TREATY , ARTICLE 112 OF THE EAEC TREATY AND ARTICLE 25 OF THE ECSC TREATY . THAT MEASURE OF INTERNAL ORGANIZATION RESPECTS THE DECISIONS OF THE GOVERNMENTS OF THE MEMBER STATES ON THE PROVISIONAL PLACES OF WORK AND IN PARTICULAR , AS REGARDS PLENARY SESSIONS , THE DECLARATIONS OF THE MINISTERS FOR FOREIGN AFFAIRS OF 25 JULY 1952 AND 7 JANUARY 1958 . THE HOLDING OF THE MEETINGS OF COMMITTEES AND POLITICAL GROUPS IN BRUSSELS FOLLOWS A PRACTICE ESTABLISHED IN AN AREA WHICH IS NOT GOVERNED BY ANY PROVISIONS IN WRITING . IN THE CONTESTED RESOLUTION THE PARLIAMENT TOOK NO DECISION ON THE LOCATION OF THE GENERAL SECRETARIAT AND DEALT ONLY WITH THE PROPER FUNCTIONING OF THE INSTITUTION AND THE USE OF CERTAIN MODERN TECHNOLOGY . MOREOVER THIS QUESTION DOES NOT CONCERN THE SEAT OF THE INSTITUTION BUT THE INTERNAL ORGANIZATION OF THE PARLIAMENT IN RESPECT OF WHICH THE PARLIAMENT IS ENTITLED AND EVEN REQUIRED TO ADOPT MEASURES IN ACCORD WITH GOOD ADMINISTRATION .
( A ) COMPETENCE IN RELATION TO THE SEAT AND PLACES OF WORK
34 IN ORDER TO GIVE A DECISION ON THIS ISSUE IT IS NECESSARY FIRST OF ALL TO CONSIDER THE RESPECTIVE POWERS OF THE GOVERNMENTS OF THE MEMBER STATES AND THE PARLIAMENT ON THE SUBJECT .
35 IN THAT RESPECT IT IS NECESSARY TO OBSERVE THAT ACCORDING TO ARTICLE 77 OF THE ECSC TREATY AND ALSO OF 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 POWER TO DETERMINE THE SEAT 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